SAN DIEGO — A subcontractor and the government, through the Department of Defense, are suing Bilbro Construction Company Inc. and Suretec Insurance Company, contractor and surety, citing alleged breach of contract.
United States of America, for the use and benefit of Signature Structures LLC, filed a complaint on Oct. 20, in the U.S. District Court for the Southern District of California against the defendants alleging that they breached their duties of good faith and fair dealing.
According to the complaint, the plaintiffs allege that Signature Structures entered into a subcontract with defendant Bilbro, general contractor, to a project contracted with the government for one of its agencies to furnish labor, services, materials and equipment to install tensioned fabric structures at the project. However, Signature Structures has not received payment to date in the amount of $115,154 plus interest as balance for completed work, thereby causing plaintiff monetary damages.
The plaintiffs hold Bilbro Construction Company Inc. and Suretec Insurance Company responsible because the defendants allegedly failed to make full payment to plaintiff for all services rendered, and breached its obligation under the subcontract, as surety and prime contractor, to provide payment due and owing.
The plaintiffs request a trial by jury and seek judgment against defendants, principal sum of $115,154.00 plus interest, attorney's fees, costs of suit and litigation and further relief as the court deems just. They are represented by Christopher E. Ng and Baber A. Kahn of Gibbs Giden Locher Turner Senet & Wittbrodt LLP in Los Angeles.
U.S. District Court for the Southern District of California Case number 3:16-cv-02616