LOS ANGELES – A California contractor alleges it was not paid for work performed on a federal project.
United States of America, for the use and benefit of F.J. Willert Contracting Co., filed a complaint on May 25 in the U.S. District Court for the Central District of California against T.B. Penick & Sons Inc., Liberty Mutual Insurance Co. and Does 1 through 20 citing the Miller Act Bond and breach of contract.
According to the complaint, Penick entered into a contract with the federal government for a project in Twentynine Palms; Penick later subcontracted Willert in 2013. The plaintiffs hold T.B. Penick & Sons Inc., Liberty Mutual Insurance Co. and Does 1 through 20 responsible because the defendants allegedly failed to pay Willert for labor, services, materials and equipment furnished for their project.
The plaintiffs request a trial by jury and seek general, special, and consequential damages of $177,219.52, all legal fees and any other relief as the court deems just. They are represented by Jeffrey B. Baird and Kelly A. Floyd of Finch, Thornton & Baird LLP in San Diego.
U.S. District Court for the Central District of California case number 2:17-cv-03936-JFW-JPR