UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

AT KNOXVILLE

UNITED STATES OF AMERICA for )

the use of RAGAN MECHANICAL, )
INC., )
)
Plaintiff, )
) Docket No. 3:11-cv-00199
vs. )
)
APPLIED ENERGY MANAGEMENT, )
INC. and WESTCHESTER FIRE )
INSURANCE COMPANY, )
)
Defendants. )

ANSWER OF DEFENDANTS

Come the Defendants, by and through counsel, and answers the Plaintiff’s Complaint as

follows:

1. Allegations contained in Paragraph 1 of the Complaint are denied.

2. Allegations contained in Paragraph 2 of the Complaint are admitted.

3. Allegations contained in Paragraph 3 of the Complaint are admitted.

4. Allegations contained in Paragraph 4 of the Complaint are admitted.

5. Allegations contained in Paragraph 5 of the Complaint are admitted.

6. In response to the allegations contained in Paragraph 6 of the Complaint, it is

admitted that on November 1, 2009 the Plaintiff and Applied Energy Management, Inc. entered

into a subcontract agreement providing that the Plaintiff had the contractual responsibilities to

provide supervision, labor, materials, and equipment as defined in a scope of work description,

certain change orders, and in general under the terms and conditions of the subcontract

agreement in regard to the construction of the Melton Valley Steam Plant ORNL. It is denied

Case 3:11-cv-00199 Document 11 Filed 05/26/11 Page 1 of 3 PageID #: 86

that Exhibit B represents the subcontract in its entirety. All remaining allegations contained in

Paragraph 6 of the Complaint are denied.

7. In response to the allegations contained in Paragraph 7 of the Complaint, the

Defendant admits that in accordance with the terms and conditions of the original subcontract

agreement between the parties herein, certain change orders were executed by the parties in

addition to the original subcontract agreement. Paragraphs 7(a) through (g) are admitted. All

remaining allegations are denied.

8. Allegations contained in Paragraph 8 of the Complaint are denied.

9. Allegations contained in Paragraph 9 of the Complaint are denied.

10. Allegations contained in Paragraph 10 of the Complaint are admitted.

11. In response to the allegations contained in Paragraph 11 of the Complaint, these

Defendants are without sufficient information or knowledge to either admit or deny the

allegations contained therein and therefore must deny the same at this time.

12. Allegations contained in Paragraph 12 of the Complaint are admitted.

13. Allegations contained in Paragraph 13 of the Complaint are denied.

14. Answering the Prayer, it is denied that the Plaintiff is entitled to the relief sought

therein or to any other relief from these Defendants.

15. All allegations contained in the Complaint not hereinabove either admitted,

explained or denied are hereby generally denied. Strict proof is demanded regarding all

allegations that have been denied.

WHEREFORE, having fully answered the Complaint, these Defendants move to be

dismissed hence with their reasonable costs.

Case 3:11-cv-00199 Document 11 Filed 05/26/11 Page 2 of 3 PageID #: 87

 Respectfully submitted,

TRAMMELL, ADKINS & WARD, P.C.

s/ Terrill L. Adkins
Terrill L. Adkins, BPR #013138
Attorney for Defendants
P.O. Box 51450
Knoxville, Tennessee 37950
865/330-2577

CERTIFICATE OF SERVICE

I hereby certify that on 5-26-2011 a copy of the foregoing pleading was filed
electronically. Notice of this filing will be sent by operation of the court’s electronic filing
system to all parties indicated on the electronic filing receipt. All other parties will be served by
regular U.S. mail. Parties may access this filing through the Court’s electronic filing system.

TRAMMELL, ADKINS & WARD, P.C.

s/ Terrill L. Adkins
Terrill L. Adkins

Case 3:11-cv-00199 Document 11 Filed 05/26/11 Page 3 of 3 PageID #: 88