Case 3:11-cv-00414-MO Document 1 Filed 04/01/11 Page 1 of 5 Page ID#: 1

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Michael D. Crew, OSB No. 720603
Email: merew@cooneycrew.com
COONEY& CREW, LLP ni[.»mwiM«
4949 Meadows Road, Suite 460 ™^iiflPR01.10a»BDfflP
Lake Oswego, Oregon 97035
Telephone: (503) 607-2700
Facsimile: (503) 607-2701

Attorney for Use Plaintiff

MORGAN INDUSTRIAL, INC.

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

UNITED STATES OF AMERICA, f^Hf - hi h

for the use and benefit ofMORGAN UV ' • '" tft~H H(J"
INDUSTRIAL, INC., an Oregon corporation,
COMPLAINT
Plaintiff, (Miller Act, Quantum Meruit)

CRANE TECHNOLOGIES GROUP, INC.,

a Michigan corporation; NORTHWEST
CRANE SERVICES, INC., a Washington
corporation; and WESTCHESTER FIRE
INSURANCECOMPANY, a Pennsylvania
corporation,

Defendants,

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Complaint(MillerAct, Quanta*Menu!) 04.01.11

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Plaintiff alleges the following:

JURISDICTION

1. The Court has jurisdiction and venue in this action pursuant to the Miller Act, 40

USC §3131. This actioriis brought in the name of the United States of America for the use and

benefit of Morgan Industrial, Inc.

PARTIES

2. The use plaintiff, Morgan Industrial, Inc., dba Morgan Machinery Moving,

("Morgan"), is an Oregoncorporationthat has its principalplace of business in Hillsboro,

Oregon.

3. Defendant, Crane Technologies Group, Inc. ("Contractor"), is a Michigan

corporation that has its principal placeof business in Rochester Hills, Michigan.

4. Defendant, Northwest Crane Services, Inc. ("Sub-Contractor"), is a Washington

corporation that has its principal place of business in Oiling, Washington.

5. Defendant, Westchester FireInsurance Company ("Surety"), is a New York

corporation that has its principal place of business in Atlanta, Georgia, and is authorized to

transact corporate-paid surety business in Oregon.

FIRST CLAIM FOR RELIEF

(Miller Act)

6. On or about March 15,2010, Contractor entered into a written contract, Walla

Wall District contract W912EF-10-C-0014, withthe United States of America through the

Department of the Army, for modifications to the McNaryintake gantry crane hoist at the

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McNary Dam, Umatilla, Oregon. This contract was executed and performed in Oregon. The

contract sum exceeds $100,000.

7. On or about March 19,2010, Contractor, as principal, and Westchester Fire

Insurance Company, as surety, executeda paymentbond in compliance with 40 USC

§3131(b)(2) for the protection of all persons supplying laborand materials in the prosecution of

the work provided for in the contract between Contractor and the Army. Thatbondhas at all

material times been in full force and effect.

8. Sometime prior to October 18,2010, Sub-Contractor entered into a written

contractwith Contractor, for the disassembly, repair and reassembly of a gantrycrane locatedat

the McNary Dam job site.

9. On or about October 18,2010, Sub-Contractor approved the time and materials

bid of Morgan for work in dismantling, repairing, and reassembling a gantrycrane locatedat the

McNary Dam job site.

10. From October 20,2010 to December 13,2010, Morgan, at the request of Sub-

Contractor provided laborand materials for the benefitof defendants, specifically the

dismantling,repairing, and reassembling of a gantry crane.

11. On or about October 29,2010, pursuant to their agreement, Morgan sent Sub-

Contractor an invoice for $80,633.68.

12. On or about November 30,2010, pursuant to their agreement, Morgan sent Sub-

Contractor an invoice for $ 153,747.79.

13. On orabout December 21,2010, pursuantto thbir agreement, Morgan sent Sub-

Contractor an invoice in the amount of $54,404.00

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14. The total principal amountowedto Morgan by Sub-Contractor for the laborand

materials provided is $288,785.47. Sub-Contractor hasmade no payments on theamount owing.

Despite demand by Morgan for payment, a principal balance of $288,785.47 is still due and

owing.

15. Byreason of the failure of Sub-Contractor to payMorgan the balance of

$288,785.47 still due and owing, Westchester Fire Insurance Company, as surety, has become

indebted to Morgan in the sum of $288,785.47.

16. Morganhas compliedwith all conditionsrequiredof it under the terms of its

agreement with Sub-Contractor and the terms ofthe paymentbond.

17. Morgan is entitled to prejudgment interest of 1.5% per monthon the $288,785.47

still due and owingfrom December 13,2010, until paid in full.

18. More thanninety (90)days and less than one yearhaveelapsed from the dateon

which laboror materials were last furnished by Morgan to Sub-Gontractor.

SECOND CLAIM FOR RELIEF

(Quantum Meruit)

19. The Court has ancillary and pendent jurisdiction of this claim.

20. Morgan realleges and incorporates Paragraphs 2 through 18 ofthe First Claimfor

Relief.

21. The labor and materials set forth in paragraph 14 abovewere reasonable and

necessary.

22. The $288,785.47 for thelabor andmaterials together with the prejudgment

interest of 1.5% per month until paid is reasonable.

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WHEREFORE, theUnited States of America and Morgan, use plaintiff, pray for

judgment againstdefendants Crane Technologies Group, Inc; Northwest Crane Services, Inc.;

and Westchester Fire Insurance Company, jointly and severally, as follows:

A. For the sum of$288,785.47, with interest thereon from December 13,2010, until

paid in full;

B. On its Second Claim for Relief, the amount of $288,785.47, plus interest from

December 13,2010, until paid in full; and

C. Forsuchotherandfurther reliefas the Court may deemjust andproper.

DATED this 1st day ofApril, 2011.

COONEY & CREW, LLP

Michae| D,Grew, OSBNo.720603

Attorney for Use Plaintiff

MORGAN INDUSTIAL, INC.

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