SAN JOSE – A plumbing company claims it was not paid for work completed on a federal project by the contractors.
The United States of America, for the use and benefit of Boneso Bros. Construction Inc., and Boneso Bros. Construction Inc. filed a complaint on Dec. 29 in the U.S. District Court for the Northern District of California against Walsh/Demaria Joint Venture V, Walsh Construction Co., The Walsh Group LTD, Demaria Building Co. Inc. and Travelers Casualty and Surety Co. of America
citing the Miller Act and breach of contract.
According to the complaint, the plaintiffs allege that they suffered monetary damages from not being paid for their services by the defendants for work on a federal project in Palo Alto in 2012. The plaintiffs holds Walsh/Demaria Joint Venture V; Walsh Construction Co., The Walsh Group LTD, Demaria Building Co. Inc. and Travelers Casualty and Surety Co. of America
responsible because the defendants allegedly breached their contractual agreement with the plaintiffs by refusing to pay them for labor, services and materials they provided for the project. The plaintiffs allege $1,897,567 is owed to them.
The plaintiffs request a trial by jury and seek general, special, and consequential damages, plus interest at the maximum legal rate, all legal fees and any other relief as the court deems just. They are represented by George F. Vogt Jr. and Gina F. Moyles of Herrig & Vogt LLP in Granite Bay.
U.S. District Court for the Northern District of California, San Jose Division Case number 5:16-cv-07391-HRL