Reflection Window & Wall LLC (RWW) filed a lawsuit in federal court on Wednesday against Talon Wall Holdings LLC, Chicago Heights Glass Inc. (CHG), Entekk Group Ltd. and Kurt LeVan, president of CHG and Entekk Group Ltd.

Reflection Window & Wall LLC (RWW) filed a lawsuit in federal court on Wednesday against Talon Wall Holdings LLC, Chicago Heights Glass Inc. (CHG), Entekk Group Ltd. and Kurt LeVan, president of CHG and Entekk Group Ltd.

The complaint claims that the defendants engaged in a pattern of deceptive and reckless practices by “making materially false and misleading commercial representations to win lucrative construction contracts, including touting their own Talon Wall product as meeting applicable fire-safe standards with the knowledge that such representations are untrue, likely to mislead, deceive and/or result in material harm.”

According to court documents, Reflection claims that when it engineered a product that set new standards for fire safety LeVan refused to fairly compete and instead opted to engage in unfair and misleading practices, such as filing “baseless” lawsuits with the intent to disparage Reflection.

Reflection, which designed the U-Wall System, alleges in the court documents that LeVan continues to promote the Talon Wall product as the only notched curtainwall system that is certified to be fire safe, according to the lawsuit. In the court documents, Reflection claims that Talon Wall’s continuous shelf, which runs horizontally across the upper span of the wall segment, covers voids that are created during installation.

According to court documents filed by Reflection, the continuous shelf inhibits the ability to ensure proper installation of fire-resistance-rated floor or floor/ceiling assemblies, noting that this lack of assurance makes it impossible to see if any voids are present. The court documents state that this fact “critically undermines the reliability of any representation as to the system’s effectiveness in preventing the interior spread of fire and hot gasses as required by International Building Code, § 715.4 and ASTM E 2307.”

In the court documents, Reflection claims that it has lost more than $13 million in profits in lost bids as a result of LeVan and the LeVan companies misrepresenting and exaggerating the efficacy of the Talon Wall system. With the lawsuit, Reflection seeks compensatory damages reflecting lost profits, punitive damages to deter wrongful conduct in the future, attorney fees and the defendant’s cessation of activities described in the lawsuit.

This lawsuit follows a federal patent infringement claim against Reflection, which was filed in late 2021 by CHG, Talon Wall Holdings LLC and Entekk Group.

That lawsuit alleges that Reflection, former CHG employee Joel J. Phelps, LendLease, Pepper Construction Co., 1400 Land Holdings and others knowingly violated Talon Wall patents.

The complaint states that Phelps, then the vice president of business development for CHG, abruptly left the company and “had substantial knowledge regarding the technical details, advantages and market opportunities for the Talon Wall System.”

Following his departure, Phelps was subsequently hired by RWW, which the documents claim is a direct competitor. Phelps is alleged to have failed to return certain materials to CHG in accordance with a separation agreement.