SAN DIEGO – A Chula Vista subcontractor alleges it is owed for work completed two Mesa College projects.
Bonita Pipeline Inc. filed a complaint on Sept. 28 in the U.S. District Court for the Southern District of California against Balfour Beatty Construction LLC, Farmington Casualty Co., Travelers Casualty and Surety Co. of America, Fidelity and Deposit Co. of Maryland, Liberty Mutual Insurance Co. and Federal Insurance Co. alleging breach of written subcontract agreement and other counts.
According to the complaint, the plaintiff alleges that on June 24, 2014, it entered into a subcontract with BBC to perform utilities work for the Mesa College Fitness Center project and Cafeteria Bookstore Project, and has completed all of the work to be performed and extra labor and materials for which defendant agreed to pay. However, the projects' schedule and work was significantly delayed due to no fault of plaintiff, but has allegedly caused plaintiff outstanding payments.
The plaintiff holds the defendants responsible because the defendants allegedly caused plaintiff's delay and extra costs as a result of its defective plans and numerous changes to the project and refused to comply with plaintiff's demand for payment in an amount of $61,142.15 and $118,224.65 for both projects.
The plaintiff requests a trial by jury and seeks judgment against the defendants, principal sums of $61,142.15 and $118,224.65 plus interest, attorneys’ fees, costs of suit, prompt payment penalties and further relief as the court deems just. It is represented by Colin K. McCarthy and Chad M. Wilson of Lanak & Hanna PC in Orange.
U.S. District Court for the Southern District of California Case number 3:16-cv-02439