SAN FRANCISCO – A Sacramento County contractor claims it wasn't paid in full for work on a federal project in Martinez.
The United States of America and Shephard Mechanical Contractors Inc. filed a complaint on Sept. 26 in the U.S. District Court for the Northern District of California against Total Team Construction Services Inc. and Travelers Casualty and Surety Co. of America, citing breach of contract.
According to the complaint, the plaintiffs allege that on April 23, 2013, the United States of America contracted with Total to perform construction of on a mental health facility in Martinez. The suit states that Total as principal with Travelers as surety executed payment bond in the sum of $8,260,899.30 guaranteeing payment to suppliers, including Shephard, who furnished labor and materials relating to the heating, ventilation, and air conditioning system for the project. Shephard alleges it was not fully paid and is still owed $63,708.64, plus interest.
The plaintiffs hold Total Team Construction Services Inc. and Travelers Casualty and Surety Co. of America responsible because the defendants allegedly failed to pay amounts due and owing under the subcontract with Shephard, failed to pay Shephard within seven days despite payments received from the government and failed to fulfill obligations under verbal and written contracts.
The plaintiffs request a trial by jury and seek judgment in their favor, principal sum of $63,708.64, prompt payment penalties, interest, attorney’s fees, costs of suit and further relief as the court deems just. They are represented by Brian D. Bertossa and Stephen R. McCutcheon Jr. of Cook Brown LLP in Sacramento.
U.S. District Court for the Northern District of California Case number 3:16-cv-05473