Oldcastle BuildingEnvelope Inc. is seeking more than $40,000 in a breach of contract lawsuit against Sauer Inc., Capstone Architectural LLC and Federal Insurance Co. in a dispute over work done on a military base in Charleston last year.
In papers filed recently in the U.S. District Court for the District of South Carolina Charleston Division, Oldcastle alleges the defendants failed to pay for more than $11,000 worth of materials and equipment already delivered for use on the Civil Engineering Administration and Readiness Center. In addition to the materials sold for use for that project, Oldcastle alleges in court records to have sold additional materials and equipment to Capstone Architectural “by and with the actual knowledge of Sauer Inc., contracted with Santa Monica, Ca.,-based Oldcastle Building Envelope Inc. to provide materials and labor to and for the benefit of the Civil Engineering Administration and Readiness Center facilities project.”
Robert A. Bernstein, the Charleston-based attorney representing the plaintiffs, declined comment when reached at his office on Friday morning. It was unclear what lawyer represents the defendants as none were listed in court records.
The dispute began in June 2011 when the U.S. Navy contracted Sauer, of Jacksonville, Fla., to complete the project, knowing that Sauer would then, in turn, hire subcontractors and material men for the project’s completion. Sauer then worked out a deal with Georgia-based Capstone Architectural to provide materials and labor for the project. Also known as Window Systems LLC, Capstone then came to an arrangement with Oldcastle BuildingEnvelope for those necessary materials and labor, according to court records.
The goods, materials and equipment sold by Oldcastle to Capstone Architectural “were intended to be and were used for the improvement of and upon the Civil Engineering Administration and Readiness Center facilities project pursuant to the contracts between defendants Capstone Architectural LLC, Sauer Inc. and the Department of the Navy,” Bernstein alleges in court documents.
Oldcastle, which is a subsidiary of CRH plc, alleges that it supplied $11,467.05 worth of material and equipment, but has yet to be paid for it. Oldcastle last supplied material for use on the project on May 7, 2013, and is now asking Judge David C. Norton to side with it and compel Sauer and the Warren, N.J-based Federal Insurance Co. to pay that sum.
Oldcastle independently seeks $29,416.58 from Capstone Architectural for breach of contract, including interests and court costs.