NEW ORLEANS – The United States is suing a Louisiana construction company and Liberty Insurance for the alleged failure to pay Skyline Steel for provisions sold under the Miller Act.
United States of America for the use of Skyline Steel LLC filed a lawsuit on March 3 in the U.S. District Court for the Eastern District of Louisiana against Target Construction Inc. and Liberty Mutual Insurance Co., citing violation of the Miller Act, breach of contract and violation of Louisiana state law.
According to the complaint, Target entered into a contract with the U.S. Army Corps of Engineers (USACE) for a USACE Hurricane Protection System project. On Sept. 30, 2013, Liberty allegedly issued a Miller Act payment bond in connection with the project on behalf of Target as the principal on the bond.
The suit states that the defendant entered into the contract to purchase and transport fabricated steel material from Skyline Steel for $2,792,089.97. The plaintiff last furnished products to Target for the project on March 6, 2015. It claims that the defendant has not paid in full for the services and materials in breach of their contract.
The plaintiff seeks damages in the amount of $198,643.25, plus interest, penalties and attorney’s fees. It is represented by Thomas J. Lutkewitte and Conor T. Lutkewitte of Favret, Demarest, Russo, Lutkewitte & Schaumburg in New Orleans.
U.S. District Court for the Eastern District Court of Louisiana Case number 2:16-cv-01849-SSV-SS