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Limbach Co., LLC v. Ten Hoeve Bros., LLC

United States District Court, D. Columbia.

September 2, 2015

LIMBACH COMPANY, LLC, Plaintiff,
v.
TEN HOEVE BROTHERS, LLC, Defendant

Page 106

          For LIMBACH COMPANY LLC, Plaintiff: Jeffrey C. Seaman, WHITEFORD, TAYLOR & PRESTON, LLP, Bethesda, MD.

Page 107

          Re Document Nos.: 6, 7, 9

         MEMORANDUM OPINION

         RUDOLPH CONTRERAS, United States District Judge.

         Granting Plaintiff's Motion For Default Judgment

         I. INTRODUCTION

         This action arises out of a contractual dispute in which Limbach Company, LLC (" Plaintiff" ) brought suit alleging that Ten Hoeve Brothers, LLC (" Defendant" ) failed to perform its contractual obligations. After Defendant failed to respond to the complaint, Plaintiff moved for default judgment pursuant to Federal Rule of Civil Procedure 55(b)(2). Because Plaintiff has met its evidentiary burden, the Court grants Plaintiff's motion for default judgment.

         II. FACTUAL AND PROCEDURAL BACKGROUND

         On November 18, 2011, the District of Columbia government entered into a contract with Smoot/Gilbane Joint Venture (" General Contractor" ) for construction work at Dunbar Senior High School. Pl.'s Compl. ¶ 7, ECF No. 1. On or about January 30, 2012, the General Contractor entered into a subcontract with Plaintiff to complete certain work, including plumbing infrastructure, on the project. Id. ¶ 8. On or about October 13, 2012, Plaintiff entered into a sub-subcontract with WL Gary Company, Inc. (" Gary Co." ) for the completion of certain plumbing work. Id. ¶ 9. On or about November 12, 2012, Gary Co. entered into a sub-sub-subcontract with Defendant. Id. ¶ 10.

         The sub-sub-subcontract obligated Defendant to, among other things, install a rainwater harvesting system consistent with the specifications set forth in the prime contract. Id. ¶ 10. The prime contract, incorporated through the subcontracts, required that the rainwater harvesting system include the installation of a KriStar FloGard Dual Vortex catch basin and required that no used plumbing fixtures be employed in the installation. Id. ¶ 10; Pl.'s Supplemental Br. and Mot. ECF Nos. 9-2, 9-3. Gary Co. agreed to pay Defendant $316,000.00 for the work. Pl.'s Supplemental Br. and Mot. 17, ECF No. 9-5. A change order increased the contract price to $333,104.00. Craig Sasser Aff. ¶ 18, ECF No. 6.. As part of its contractual obligations, Defendant entered into purchase and/or service agreements with several vendors. Pl.'s Compl. ¶ 13, ECF No. 1.

         In September 2013, Plaintiff and Gary Co. discovered that Defendant had installed a non-conforming system and that Defendant had failed to pay any of the vendors. Pl.'s Supplemental Br. and Mot. 3, ECF No. 9. On November 5, 2013, Plaintiff sent a letter of default demanding that Defendant correct the non-conformities and pay the vendors. Id. ; Pl.'s Supplemental Br. and Mot., ECF No. 9-7. Receiving no response, on November 19, 2013, Plaintiff sent Defendant a letter terminating the contract. Pl.'s Supplemental Br. and Mot., ECF No. 9-8. On or about July 14, 2014, Plaintiff and Gary Co. entered into an agreement assigning from Gary Co. to Plaintiff all rights of action against Defendant. Pl.'s Supplemental Br. and Mot., ECF No. 9-9. In addition, Plaintiff satisfied the outstanding claims by the vendors. Pl.'s Compl. ¶ 17, ECF

Page 108

No. 1. Plaintiff then resolved to the satisfaction of the general contractor all issues related to Defendant's alleged ...


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