DISTRICT OF ARIZONA
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COMPLAINT
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v.
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Defendants.
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For his cause and Complaint against Defendants, use-Plaintiff Ronald James
NATURE OF ACTION
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1.
2.
Use-Plaintiff Ronald James Strayer is, and at all times relevant to this
2 action was, an individual doing business as Strayer Electric (Strayer Electric), a sole
3 proprietorship transacting and doing business in the State of Arizona with a principal
4 place of business in Phoenix, Arizona.
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3.
Strayer Electric is and at all times relevant to this action was licensed with
4.
On information and belief, Defendant Eco Clean Solar, Inc. was formerly
8 known as Sunwize Technologies, Inc. until changing its name in January 2015
9 (Defendant Sunwize), and is and at all times relevant to this action was a corporation
10 organized and duly existing under the laws of the State of Delaware, with its principal
11 place of business in San Jose, California, doing business in several states including the
12 State of Arizona.
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14 Company (Defendant Surety), is a corporation organized and duly existing under the
15 laws of the State of Pennsylvania, with its principal place of business in Philadelphia,
16 Pennsylvania, and authorized to do and doing business in the State of Arizona as, inter
17 alia, a surety for public construction payment bonds.
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6.
This action arises, and the Court has jurisdiction, under the Miller Act, 40
7.
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2 contracted with the United States of America, acting by and through the U.S.
3 Department of Veterans Affairs, for Sunwize to furnish materials, labor, and services
4 for certain construction improvements to a Veterans Administration medical center
5 commonly known as the Carl T. Hayden VA Medical Center located at 650 E. Indian
6 School Rd., in Phoenix, Arizona (the Project).
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8 to this action was the sole prime contractor for the Project.
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10 public project payment bond requirements of the Miller Act, at 40 U.S.C. 3131-3134.
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16 Surety, as payment bond surety, executed a payment bond for the Project identified as
17 Bond No. K0845548A (the Payment Bond).
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19 subcontract agreement with Strayer Electric for Strayer Electric to furnish certain
20 electrical work for the benefit of the Project, Sunwize, and the owner (Subcontract).
21 (A copy of the Subcontract is attached hereto as Exhibit A and incorporated herein by
22 this reference.)
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24 obligations with Defendant Sunwize, thereby furnishing certain construction labor and
25 materials that were incorporated into and improved the Project.
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2 billings and demands for payment, Strayer Electric has not been fully paid by
3 Defendants or any other person or entity.
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After applying all payments, just credits, and offsets for its labor,
5 materials, and services furnished in improving the Project, Strayer Electric remains
6 unpaid a total principal amount of $24,629.25, plus interest that has accrued and
7 continues to accrue on the principal balance at the highest contractual or statutory rate
8 applicable until paid in full.
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10 reasonable attorneys fees pursuant to section 14.21 of the Subcontract Agreement and
11 Arizona law, which laws include but are not necessarily limited to A.R.S. 12-341,
12 12-341.01, and 32-1129.02, whichever is finally adjudged to provide the greatest award.
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14 fees in an amount of not less than $5,500.00, interest and late charges of not less than
15 $3,000.00, and compensable litigation costs of not less than $1,000.00.
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Any and all conditions precedent to asserting all claims in this lawsuit
COUNT ONE
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At all times relevant Strayer Electric was a bona fide and known
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24 was executed for the payment protection of subcontractors, such as Strayer Electric,
25 who remain unpaid despite proper performance of contractual obligations to furnish
26 labor, materials, and related services in the improvement of the Project.
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Strayer Electric last furnished labor, materials, and services to the Project
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As of the date of filing this Complaint, more than 90 days and less than
4 one year have elapsed since Strayer Electric last furnished materials, labor, and services
5 to the Project.
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7 Electric furnished to the Project is $24,629.25, plus interest that has accrued and
8 continues to accrue on the principal balance at the highest contractual or statutory rate
9 applicable until paid in full, plus legal costs and reasonable attorney fees.
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27.
Strayer Electric has complied with all statutory conditions required by the
11 Miller Act to assert this claim for payment against the Payment Bond.
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WHEREFORE, the United States of America, for the use and benefit of Ronald
13 James Strayer, dba Strayer Electric, requests Judgment, jointly and severally, against
14 Defendants Eco Clean Solar, Inc., fka Sunwize Technologies, Inc., as Payment Bond
15 principal, and Westchester Fire Insurance Company, as Payment Bond surety, as
16 follows:
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A.
For the principal sum of $24,629.25, plus interest that has accrued and
18 continues to accrue on the principal sum at the highest contractual or statutory rate
19 applicable, whichever is deemed greatest, until paid in full;
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B.
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C.
22 proven at trial;
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D.
For Strayer Electrics pre- and post-judgment attorneys fees and costs
24 incurred in the prosecution of this action and subsequent collection of any Judgment
25 rendered thereon pursuant to contract or law, whichever provides the greatest award;
26 and,
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E.
For such other and further relief as the Court may deem proper and just.
COUNT TWO
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6 and proper invoicing, and issuing numerous demands for payment, Strayer Electric has
7 not been fully paid by Defendant Sunwize or any other person or entity.
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11 contract, Strayer Electric has suffered and is suffering actual and compensable damages
12 in an amount to be determined at trial, but in no event less than the total principal
13 amount of $24,629.25, plus interest accruing on the principal balance at the highest
14 contractual or statutory rate applicable, plus contractual legal costs and attorney fees,
15 until paid in full.
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17 Judgment against Defendant Eco Clean Solar, Inc., fka Sunwize Technologies, Inc., as
18 follows:
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A.
For the principal sum of $24,629.25, plus interest thereon at the highest
20 rate provided by contract or applicable law, whichever is greatest, until paid in full;
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B.
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C.
23 proven at trial;
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D.
For Strayer Electrics pre- and post-judgment attorneys fees and costs
25 incurred in the prosecution of this action and subsequent collection of any Judgment
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1 rendered thereon pursuant to contract or law, whichever provides the greatest award;
2 and,
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E.
For such other and further relief as the Court may deem proper and just.
COUNT THREE
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8 Electric furnished certain construction materials, labor, and related services for the
9 improvement of the Project.
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11 materials, labor, and related services, but has failed to fully pay Strayer Electric for
12 those benefits.
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14 related services, but not fully paying for same, Defendant Sunwize has been unjustly
15 enriched at the impoverishment of Strayer Electric.
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36.
17 remedy of unjust enrichment, and is comprised of the reasonable value of labor and
18 materials rendered. Landi v. Arkules, 172 Ariz. 126, 835 P.2d 458 (App. 1992). Strayer
19 Electrics reasonable value of materials, labor, and related services, for which payment
20 has not been received, is no less than the unpaid principal amount of $24,629.25.
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37.
24 Judgment against Defendant Eco Clean Solar, Inc., fka Sunwize Technologies, Inc., as
25 follows:
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A.
2 less than the principal sum of $24,629.25, with interest thereon at the highest legal rate
3 provided by law, until paid in full;
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B.
5 costs incurred in the prosecution of this action and subsequent collection of any
6 Judgment rendered thereon pursuant to law; and,
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C.
For such other and further relief as the Court may deem proper and just.
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