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UNITED STATES OF AMERICA FOR USE OF DAVENPORT GENERAL SERVICES CORPORATION v. ALACRAN CONTRACTING, LLC et al complaint

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

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IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
UNITED STATES OF AMERICA, )
for use of DAVENPORT GENERAL )
SERVICES CORPORATION, )
an Iowa Corporation )
)
Plaintiff, )
)
vs ) NO.
)
ALACRAN CONTRACTING, LLC, )
an Illinois Limited Liability Company, )
and WESTCHESTER FIRE INSURANCE )
COMPANY )
)
Defendants. )
COMPLAINT
NOW COMES Plaintiff, the UNITED STATES OF AMERICA for use of DAVENPORT
GENERAL SERVICES CORPORATION, an Iowa corporation (hereinafter “DAVENPORT
GENERAL”), by and through its attorneys , Brooks Law Firm, P.C. and for its Complaint, states
as follows:
COUNT I
Miller Act Bond Claim—Westchester Fire Insurance Company
1. Plaintiff, DAVENPORT GENERAL, is an Iowa corporation, with its principal
place of business at 4929 Utica Ridge Rd. Davenport, Iowa 52807. At all times relevant,
DAVENPORT GENERAL was engaged in the construction business.
2. Defendant, ALACRAN CONTRACTING, LLC (hereinafter “ALACRAN”) is an
Illinois limited liability company with its principal place of business located at 309 South Main
St., Rockford, IL 61101.
E-FILED
Wednesday, 30 July, 2014 12:18:58 PM
Clerk, U.S. District Court, ILCD
1:14-cv-01303-SLD-JEH # 1 Page 1 of 4
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3. Defendant, WESTCHESTER FIRE INSURANCE COMPANY (hereinafter
“WESTCHESTER”) is a Pennsylvania-based insurance company with a principal place of
business located at 436 Walnut St., Philadelphia PA 19106. Westchester is an insurance
company engaged in the business of providing surety bonds. Westchester does business
throughout Illinois including Rock Island County.
4. On or about J uly 11, 2012, ALACRAN entered into a contractual agreement with
the United States of America, acting by and through the United States Army Corps of Engineers
Rock Island (hereinafter “Army Corps”), Contract No.W912EK-12-B-0006-0002, whereby
ALACRAN was to be the primary contractor with regard to certain construction, repair, and/or
modifications to the Illinois Waterway Project Complex located in Peoria, Illinois. A copy of the
Army Corps Solicitation, Offer, and Award, dated J uly 18, 20012, is attached hereto Exhibit
“A”.
5. Defendant, WESTCHESTER, was the surety on the Project and on J uly 13, 2012,
it provided a payment bond (hereinafter the “Bond”) in the amount of $922,880.00. A copy of
the Bond is attached hereto as Exhibit “B”.
6. Because this was a federal construction project, the provisions of the Miller Act,
40 U.S.C. § 3131 et. seq. apply.
7. Pursuant to the Miller Act, 40 U.S.C. § 3133(b)(3), venue is proper for this action
in the United States District Court for the Central District of Illinois, because the contract
requiring the issuance of a payment bond was to be performed and executed there.
8. In or around March 2013, DAVENPORT GENERAL entered into an oral
contractual agreement (hereinafter “Subcontractor Agreement”) with ALACRAN, whereby
DAVENPORT GENERAL agreed to provide construction management for the Project.
1:14-cv-01303-SLD-JEH # 1 Page 2 of 4
3
 
9. As part of the Subcontract Agreement with ALACRAN, DAVENPORT
GENERAL was to provide labor and personnel for construction management work in exchange
for payment of $2,000 a week.
10. ALACRAN has breached its contractual agreement by failing to pay
DAVENPORT GENERAL for all amounts due and owing to DAVENPORT GENERAL under
the Subcontractor Agreement for work performed and labor supplied for the Project.
11. DAVENPORT GENERAL last performed work on this project on or after
AUGUST 1, 2013.
12. DAVEPORT GENERAL’s damages are calculated as follows:
Amount Billed ………………………….. $ 37,200.00
LESS payments received ………………………….- $ 16,000.00
TOTAL DAMAGES …………………………. $ 21,200.00
13. DAVENPORT GENERAL has demanded the sum of $21,200.00 from
ALACRAN. Copies of invoices indicating the remaining amount owed to DAVENPORT
GENERAL, and a summary of account, are attached hereto as Exhibit “C”.
14. More than ninety (90) days has passed since this sum was invoiced and payment
has yet to be received.
15. In accordance with the Miller Act, 40 U.S.C. § 3131 et. seq., DAVENPORT
GENERAL, a subcontractor, is entitled to sue on the Bond.
WHEREFORE, Plaintiff, the UNITED STATES OF AMERICA for use of
DAVENPORT GENERAL, prays that judgment be entered in its favor on the Bond and against
WESTCHESTER in the amount of $21,200.00 plus prejudgment interest and court costs.
1:14-cv-01303-SLD-JEH # 1 Page 3 of 4
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COUNT II
Breach of Contract
1-16. For paragraphs 1 through 16 of Plaintiff’s Complaint, Plaintiff reasserts and
realleges paragraphs 1, 2, 4, 8, 9, 10, 11, 12, and 13, 14, and 15 of Count I as is fully set forth
herein.
WHEREFORE, Plaintiff, DAVENPORT GENERAL, prays that judgment be entered in
its favor against ALACRAN in the amount of $21,200.00 plus prejudgment interest and court
costs.
UNITED STATES OF AMERICA for use
of DAVENPORT GENERAL SERVICES
CORPORATION, an Iowa Corporation
By: /s/ Peter J . Wenker
Peter J . Wenker
BROOKS LAW FIRM, P.C.
3725 Blackhawk Road, Suite 200
Rock Island, IL 61201
Telephone: (309) 786-4900
Facsimile: (309) 786-4940
Email: PJ W@brookslawfirmpc.com
Peter J . Wenker
BROOKS LAW FIRM, P.C.
3725 Blackhawk Road, Suite 200
Rock Island, IL 61201
Telephone: (309) 786-4900
Facsimile: (309) 786-4940
E-Mail: PJ W@brookslawpc.com
1:14-cv-01303-SLD-JEH # 1 Page 4 of 4

Published under a Creative Commons License By attribution, non-commercial
date: 
Wed, 2014-07-30
AttachmentSize
D.E. 1 COMPLAINT against All Defendants.pdf45.75 KB

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