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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

THE UNITED STATES OF AMERICA FOR THE USE OF TRANE US, INC., v. JHJ ENTERPRISES, 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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Case 1:13-cv-02689-NGG-RER Document 1 Filed 05/03/13 Page 1 of 11 PageID #: 1
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------------------The United States of America for the Use of Trane US, Inc., Plaintiff -vsJHJ Enterprises, LLC, a limited liability company; and Westchester Fire Insurance Company, a corporation, Defendants. -------------------------------------------------------------------COMPLAINT COMES NOW Plaintiff, the United States of America for the Use of Trane US, Inc., for its claim and cause of action against the defendants, and each of them, and states and alleges as follows: JURISDICTION AND VENUE COMPLAINT
1.
The plaintiff, The United States of America for the use of Trane US, Inc., is a
subcontractor of defendant JHJ Enterprises, LLC (“JHJ Enterprises”). 2. Defendant JHJ Enterprises is the prime contractor for the United States of
America, for a construction project identified as the St. Alban’s Queens Hospital VA HVAC Upgrade, 179-00 Linden Blvd, Jamaica, NY 11425 (hereinafter “Project”). 3. 3131, et. seq. 4. Venue is proper in the Eastern District of New York pursuant to 40 U.S.C. This court has exclusive jurisdiction of this claim pursuant to 40 U.S.C. Section
Section 3133(b)(3)(B) in that the contract was to be performed and executed at the location of the Project which is located within this district.
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FACTS
5.
The United States of America, acting by the Department of Veterans Affairs, as
owner, and defendant JHJ Enterprises, as contractor, entered into a written contract for the Project, whereby JHJ Enterprises agreed to furnish all labor and material required for construction of the Project. 6. The United States of America and defendant JHJ Enterprises entered into the After execution of the prime contract, defendant JHJ
prime contract in or about 2010.
Enterprises, as principal, and defendant Westchester Fire Insurance Company (hereinafter “Westchester”), as surety, executed a payment bond, identified as payment bond number K08219552 (hereinafter “Bond”). Pursuant to the terms of the Bond, defendants JHJ Enterprises and Westchester, and each of them, bound themselves jointly and severally to all the persons supplying labor and material in the prosecution of the work provided in the prime contract for the Project. 7. The Bond was duly accepted by the United States of America and is a valid and
subsisting bond obligation. A copy of the Bond is attached hereto and incorporated herein by reference as Exhibit A. 8. Thereafter, defendant JHJ Enterprises, as prime contractor, issued its Purchase
Order dated August 20, 2010 in the amount of $366,967.50, to the Use Plaintiff. The Use Plaintiff accepted the Purchase Order. Under the terms of the Purchase Order the Use Plaintiff agreed to furnish certain heating, ventilating and air conditioning equipment including air cooled scroll chillers, air cooled packaged chillers, roof top units, climate changer air handler units, and related parts and accessories, and labor for start-up. A copy of the Purchase Order issued by defendant JHJ Enterprises is attached hereto as Exhibit B. 9. The Use Plaintiff furnished all of the equipment and start-up labor required under
its contract with defendant JHJ Enterprises. After the application of all payments, credits and offsets, the principal balance due and owing to the Use Plaintiff, and unpaid by defendant JHJ Enterprises, is $31,832.20.
Case 1:13-cv-02689-NGG-RER Document 1 Filed 05/03/13 Page 3 of 11 PageID #: 3
COUNT ONE - CONTRACT CLAIM AND MILLER ACT CLAIM
10.
One year has not elapsed from the last date the Use Plaintiff furnished its labor Although the Use Plaintiff has made demand on the
and/or equipment for the Project.
defendants, and each of them, for payment, the defendants, and each of them, have failed, refused, and neglected to pay Plaintiff. 11. The defendants, and each of them, are jointly and severally liable to the Use
Plaintiff, under the Contract and under the Bond, in the amount of $31,832.20, plus interest, costs and disbursements.
WHEREFORE, the Use Plaintiff demands judgment against the defendants, and each of them, in the amount of $31,832.20, together with interest, costs and disbursements, and such other and further relief as the Court may deem just and equitable.
DATED: May 2, 2013
BORGES & ASSOCIATES, LLC By: s/ Wanda Borges_________ Wanda Borges (wb4904) ATTORNEYS FOR USE PLAINTIFF TRANE US, INC. 575 UNDERHILL BLVD. SYOSSET, NEW YORK 11791 516-677-8200 x225 516-677-0806 (facsimile) wborges@borgeslawllc.com
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EXHIBIT A
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EXHIBIT B
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D.E. 1 COMPLAINT against JHJ Enterprises, LLC, Westchester Fire Insurance Company,, filed by The United States of America for the Use of Trane US, Inc.,..pdf403.06 KB

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