Schneider Electric Building Americas, Inc et al v. CBRE Heery f/k/a Heery International, Inc. et al
Plaintiff: Watson Electrical Construction Co., SPC Mechanical Corporation and Schneider Electric Building Americas, Inc
Defendant: Federal Insurance Company, Balfour Beatty, LLC, Travelers Casualty and Surety Company of America, Liberty Mutual Insurance Company, CBRE Group, Inc., Heery International, Inc., Federal and Deposit Company of Maryland, Balfour Beatty Construction, LLC and CBRE Heery f/k/a Heery International, Inc.
Case Number: 5:2020cv00257
Filed: June 12, 2020
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: W Earl Britt
Nature of Suit: Miller Act
Cause of Action: 28:1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 5, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 5, 2020 Filing 13 Financial Disclosure Statement by CBRE Heery f/k/a Heery International, Inc. identifying Corporate Parent CBRE, Inc., Corporate Parent CBRE Group, Inc. for CBRE Heery f/k/a Heery International, Inc.. (Lunsford, Mignon)
August 4, 2020 Filing 12 Notice of Special Appearance for non-district by Matthew K. Stiles on behalf of All Plaintiffs. (Stiles, Matthew)
August 3, 2020 Filing 11 Notice of Special Appearance for non-district by Heather F. Shore on behalf of All Defendants. (Shore, Heather)
July 29, 2020 Filing 10 Notice of Appearance filed by Mignon A. Lunsford on behalf of Balfour Beatty Construction, LLC, CBRE Heery f/k/a Heery International, Inc., Federal Insurance Company, Federal and Deposit Company of Maryland, Liberty Mutual Insurance Company, Travelers Casualty and Surety Company of America. (Lunsford, Mignon)
July 29, 2020 Filing 9 Summons Issued as to Balfour Beatty Construction, LLC, CBRE Heery f/k/a Heery International, Inc., Federal Insurance Company, Federal and Deposit Company of Maryland, Liberty Mutual Insurance Company, Travelers Casualty and Surety Company of America. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Herrmann, L.)
July 28, 2020 Filing 8 Financial Disclosure Statement by Watson Electrical Construction Co. identifying Corporate Parent WECC Holdings, Inc. for Watson Electrical Construction Co.. (Smith, Steven)
July 28, 2020 Filing 7 Financial Disclosure Statement by SPC Mechanical Corporation (Smith, Steven)
July 28, 2020 Filing 6 Financial Disclosure Statement by Schneider Electric Building Americas, Inc identifying Corporate Parent Schneider Electric Holdings, Inc., Corporate Parent Schneider Electric Buildings, LLC for Schneider Electric Building Americas, Inc. (Smith, Steven)
July 28, 2020 Filing 5 Notice of Appearance filed by Steven L. Smith on behalf of All Plaintiffs. (Smith, Steven)
July 28, 2020 Filing 4 AMENDED COMPLAINT against Federal Insurance Company, Federal and Deposit Company of Maryland, Liberty Mutual Insurance Company, Travelers Casualty and Surety Company of America, CBRE HEERY f/k/a HEERY INTERNATIONAL, INC., Balfour Beatty Construction, LLC ( Filing fee $ 400 receipt number 0417-5468857.), filed by Watson Electrical Construction Co., SPC Mechanical Corporation, Schneider Electric Building Americas, Inc. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Exhibit Exhibit List Index, #9 Exhibit 1-USACE & Heery, Prime Contract, dated 09/13/13, #10 Exhibit 2- Payment Bonds, dated 09/18/13, #11 Exhibit 3- Heery & SPC, Mechanical Contract, dated 01/06/14, #12 Exhibit 4 -Heery & SPC, Electrical Contract, dated 05/09/14, #13 Exhibit 5-SPC & Schneider, Controls Contract, dated 02/04/15, #14 Exhibit 6 -CBRE | Heery Acquisition, Press Release, dated 10/30/17, #15 Exhibit 7 -Heerys Master Construction Schedule, dated 10/11/13, #16 Exhibit 8- Heerys Revised Master Construction Schedule, dated 10/28/13, #17 Exhibit 9-Heerys Contract Schedule, dated 11/25/13, #18 Exhibit 10- USACE Letter to SPC, Payment Bond Protection, dated 08/21/18, #19 Exhibit 11- Schneiders Last Day of Work, dated 06/13/19, #20 Exhibit 12- Schneiders Miller Act Claim Notice, dated 07/16/19, #21 Exhibit 13- Surety Letter to Schneider, Claim Acknowledgment, dated 07/29/19, #22 Exhibit 14- SPC Pay Application 32, dated 12/25/17, #23 Exhibit 15- SPC Pay Application 33, dated 04/25/18, #24 Exhibit 16- SPC Pay Application 34, dated 04/25/18, #25 Exhibit 17- SPC Email to Heery, Demand for Payment, dated 07/24/18, #26 Exhibit 18- Watson Pay Application 38, dated 07/23/19, #27 Exhibit 19 - Watson Pay Application 39, dated 11/25/19, #28 Exhibit 20 -Watson Pay Application 40, dated 11/25/19, #29 Exhibit 21- Watson CCN #17, dated 05/18/17, #30 Exhibit 22- Watson CCN #18, dated 05/18/17, #31 Exhibit 23- Watson CCN #19, dated 05/18/17, #32 Exhibit 24- Watson CCN #16, dated 11/19/17, #33 Exhibit 25- Watson CCN #24, dated 10/04/17, #34 Exhibit 26- Watson CCN #29, dated 02/21/18, #35 Exhibit 27 - Watson CCN #30, dated 06/11/18, #36 Exhibit 28 - Watson CCN #31, dated 07/25/18, #37 Exhibit 29 - Watson CCN #32, dated 07/25/18, #38 Exhibit 30 -Heery Email to SPC, Insurance Claim, dated 06/25/18, #39 Exhibit 31- Heery Email to SPC, Commitment to Release Funds, dated 07/31/18, #40 Exhibit 32- SPC Pay Application 35 (Change Order Request 10), dated 08/09/18, #41 Exhibit 33- Crenshaws DDC System Design Review & Approval, dated 04/30/15, #42 Exhibit 34- Heery and the USACEs DDC System Design Approval, dated 06/05/15, #43 Exhibit 35- Schneiders DDC System Design Resubmittal, dated 06/15/15, #44 Exhibit 36- Crenshaws DDC System Design Review & Approval, dated 11/16/15, #45 Exhibit 37- USACEs DDC System Design Approval, dated 01/06/16, #46 Exhibit 38 - USACE Email to Heery, DDC System Criteria Change, dated 09/25/17, #47 Exhibit 39- USACE Email to Heery, DDC System Design Change Directive, dated 10/17/17, #48 Exhibit 40- Heery email to Watson, Change Directive, dated 10/26/17, #49 Exhibit 41- Heery Email to USACE, Change Notice, dated 10/26/17, #50 Exhibit 42- Heery Email to SPC, Change Directive, dated 10/31/17, #51 Exhibit 43- Heery Email to SPC, Directive to Proceed, dated 12/07/17, #52 Exhibit 44- Heery Email to SPC, Delay Damages, dated 08/24/18, #53 Exhibit 45- Milestone Letter to Heery, DDC Design Delay Analysis, dated 09/12/18, #54 Exhibit 46 - USACE Letter to Heery, REA BMS System, dated 12/10/18, #55 Exhibit 47- SPC Letter to Heery, DDC System REA, dated 04/19/19, #56 Exhibit 48- Watson Letter to Heery, DDC System REA, dated 08/23/19, #57 Exhibit 50- SPC Letter to Heery, DDC System REA Certification, dated 09/18/19, #58 Exhibit 51 - Watson Letter to Heery, DDC System REA Certification, dated 09/18/19, #59 Exhibit 52- USACE Letter to Heery, Contracting Officers Final Decision, dated 04/23/20, #60 Exhibit 53- Heery Email to Plaintiffs, Notice of Intent to Appeal, dated 04/24/20, #61 Exhibit 54- USACE Letter to Heery, Project Schedule, dated 02/28/14, #62 Exhibit 55- USACE Letter to Heery, Construction Start Date, dated 10/31/14, #63 Exhibit 56- Heery Email to Plaintiffs, Substantial Completion, dated 06/18/18, #64 Exhibit 57- Heery Re-Baseline Schedule, dated 12/31/14, #65 Exhibit 58- Heery Schedule Update 1, dated 01/31/15, #66 Exhibit 59- Heery Schedule Update 2, dated 02/27/15, #67 Exhibit 60- Heery Schedule Update 3, dated 03/30/15, #68 Exhibit 61- Heery Schedule Update 4, dated 04/28/15, #69 Exhibit 62- Heery Schedule Update 5, dated 05/29/15, #70 Exhibit 63- Heery Schedule Update 6, dated 06/22/15, #71 Exhibit 64- Heery Schedule Update 7, dated 07/28/15, #72 Exhibit 65- Heery Schedule Update 8, dated 08/27/15, #73 Exhibit 66- Heery Schedule Update 9, dated 09/22/15, #74 Exhibit 67- Heery Schedule Update 10, dated 11/19/15, #75 Exhibit 68- Heery Schedule Update 12, dated 12/21/15, #76 Exhibit 69- Heery Schedule Update 13, dated 01/22/16, #77 Exhibit 70- Heery Schedule Update 14, dated 02/26/16, #78 Exhibit 71- Heery Schedule Update 15, dated 03/30/16, #79 Exhibit 72- Heery Schedule Update 16, dated 04/28/16, #80 Exhibit 73- USACE letter to Heery, Letter of Concern, dated 05/24/16, #81 Exhibit 74- Heery Schedule Update 17, dated 05/27/16, #82 Exhibit 75- Heery Schedule Update 18, dated 06/30/16, #83 Exhibit 76- USACE Contract Change, BIO Environmental Building, dated 07/28/16, #84 Exhibit 77- Heery Schedule Update 19, dated 07/29/16, #85 Exhibit 78- Heery Schedule Update 20, dated 08/26/16, #86 Exhibit 79- Heery Schedule Update 21, dated 09/30/16, #87 Exhibit 80- Watson Letter to Heery, Delay & Disruption Notice, dated 10/26/16, #88 Exhibit 81- Heery Schedule Update 22, dated 10/27/16, #89 Exhibit 82- Heery Schedule Update 23, dated 11/23/16, #90 Exhibit 83- Heery Schedule Update 24, dated 12/29/16, #91 Exhibit 84- Heery Schedule Update 25, dated 01/25/17, #92 Exhibit 85- Heery Schedule Update 26, dated 02/23/17, #93 Exhibit 86- Heery Schedule Update 27, dated 03/28/17, #94 Exhibit 87- USACE Letter to Heery, Improper Scheduling, dated 04/14/17, #95 Exhibit 88- Heery Schedule Update 29, dated 05/31/17, #96 Exhibit 89- USACE Letter to Heery, Improper Sequencing, dated 06/28/17, #97 Exhibit 90- Heery Schedule Update 30, dated 06/29/17, #98 Exhibit 91- USACE Letter to Heery, Unrealistic Schedule, dated 07/14/17, #99 Exhibit 92- Heery Schedule Update 31, dated 07/28/17, #100 Exhibit 93- Heery Schedule Update 32, dated 08/29/17, #101 Exhibit 94- Heery Schedule Update 33, dated 09/28/17, #102 Exhibit 95- Watson Email to Heery, Delay & Disruption Notice, dated 10/02/17, #103 Exhibit 96- USACE Letter to Heery, Liquidated Damages, dated 10/23/17, #104 Exhibit 97- Heery Schedule Update 34, dated 10/26/17, #105 Exhibit 98- Heery Schedule Update 35, dated 11/30/17, #106 Exhibit 99- Heery Schedule Update 36, dated 12/31/17, #107 Exhibit 100- USACE Letter to Heery, Letter of Concern, dated 01/22/18, #108 Exhibit 101- Heery Schedule Update 37, dated 02/03/18, #109 Exhibit 102- Heery Schedule Update 38, dated 03/01/18, #110 Exhibit 103- Heery Schedule Update 40, dated 06/22/18, #111 Exhibit 104- Heery Schedule Update 41, dated 08/27/18, #112 Exhibit 105- USACE Letter to Heery, Heery Delays, dated 09/26/18, #113 Exhibit 106- USACE Email to Heery, Heery Delays, dated 09/26/18, #114 Exhibit 107- Heery Email to USACE, Admission of Demolition Delays, dated 09/26/18, #115 Exhibit 108- Watson Letter to Heery, Request for a Schedule, dated 11/16/18, #116 Exhibit 109- Heery Completion Schedule, dated 03/06/19, #117 Exhibit 110- Heerys Minutes of Meeting, dated 01/07/15, #118 Exhibit 111- Heerys Schedule Narrative 1, dated 02/11/15, #119 Exhibit 112- Heerys Schedule Narrative 2, dated 03/04/15, #120 Exhibit 113- Heerys Schedule Narrative 3, dated 04/01/15, #121 Exhibit 114 -Heerys Schedule Narrative 4, dated 05/06/15, #122 Exhibit 115 - Heerys Schedule Narrative 5, dated 06/04/15, #123 Exhibit 116- Heerys Schedule Narrative 6, dated 06/30/15, #124 Exhibit 117- Watsons Daily Report, Delay Notice, dated 07/27/15, #125 Exhibit 118- Heerys Schedule Narrative 7, dated 08/06/15, #126 Exhibit 119- Heerys Schedule Narrative 8, dated 09/02/15, #127 Exhibit 120 - Heerys Schedule Narrative 9, dated 09/24/15, #128 Exhibit 121- Watsons Daily Report, Delay Notice, dated 10/09/15, #129 Exhibit 122- Watsons Daily Report, Delay Notice, dated 10/12/15, #130 Exhibit 123- Heerys Meeting Minutes, dated 11/18/15, #131 Exhibit 124- Watsons Daily Report, Delay Notice, dated 12/07/15, #132 Exhibit 125 - Heerys Letter of Recommendation for SPC, dated 01/12/16, #133 Exhibit 126- Heerys Meeting Minutes, dated 01/13/16, #134 Exhibit 127- Heerys Schedule Narrative 13, dated 02/10/16, #135 Exhibit 128- USACE Letter to Heery, Insufficient Progress, dated 02/29/16, #136 Exhibit 129 - Heerys Schedule Narrative 14, dated 03/07/16, #137 Exhibit 130 - Heerys Schedule Narrative 15, dated 04/07/16, #138 Exhibit 131- Heerys Schedule Narrative 16, dated 05/05/16, #139 Exhibit 132- Heery Email to USACE, dated 05/24/16, #140 Exhibit 133- Heerys Schedule Narrative 17, dated 06/02/16, #141 Exhibit 134- Heery Letter to USACE, Letter of Concern, dated 06/02/16, #142 Exhibit 135 - Heery Letter to USACE, Constructive Acceleration, dated 06/02/16, #143 Exhibit 136- Watsons Daily Report, Delay Notice, dated 07/12/16, #144 Exhibit 137- Heerys Schedule Narrative 18, dated 07/12/16, #145 Exhibit 138 - Watsons Daily Report, Delay Notice, dated 08/04/16, #146 Exhibit 139 - Heery Schedule Narrative 19, dated 08/09/16, #147 Exhibit 140 - Watsons Daily Report, Delay Notice, dated 08/10/16, #148 Exhibit 141- Heery Meeting Minutes, dated 09/28/16, #149 Exhibit 142- Heery Schedule Narrative 21, dated 10/20/16, #150 Exhibit 143- Heery Schedule Narrative 22, dated 11/03/16, #151 Exhibit 144 - Heery Schedule Narrative 23, dated 12/06/16, #152 Exhibit 145 - Watsons Daily Report, Ongoing Enclosure Delays, dated 12/27/16, #153 Exhibit 146 - Heery Schedule Narrative 24, dated 01/09/17, #154 Exhibit 147 - Heery Schedule Narrative 25, dated 02/14/17, #155 Exhibit 148 - Heery
July 24, 2020 Notice to Counsel - Counsel is reminded of the deficiency notices entered on 6/15/2020. (Herrmann, L.)
July 24, 2020 Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Herrmann, L.)
July 24, 2020 Filing 3 Summons Issued as to All Defendants. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Herrmann, L.)
June 15, 2020 Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.)
June 15, 2020 NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to SPC Mechanical Corporation, Schneider Electric Building Americas, Inc, Watson Electrical Construction Co.. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.)
June 15, 2020 NOTICE OF DEFICIENCY regarding #1 Complaint - Counsel did not properly identify exhibits pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual (i.e., "Exhibit 1" is not a sufficient description). Additionally, when filing a document with more than five exhibits, the first attached exhibit must be an index of all of the subsequent attached documents. Counsel is directed to refile complaint. Counsel can use the prior receipt number when refiling the complaint. (Rudd, D.)
June 15, 2020 NOTICE OF DEFICIENCY regarding #1 Complaint - Counsel failed to file a JS44 Civil Cover Sheet as required by the Court. Counsel should file a Cover Sheet using the event "Notice-Other" as soon as possible. (Rudd, D.)
June 12, 2020 Filing 2 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-5468857.), filed by Watson Electrical Construction Co., SPC Mechanical Corporation, Schneider Electric Building Americas, Inc. (Attachments: #1 Proposed Summons Balfour, #2 Proposed Summons Federal and Deposit, #3 Proposed Summons Federal Insurance, #4 Proposed Summons Heery, #5 Proposed Summons Liberty, #6 Proposed Summons Travelers) (Smith, Steven)
June 12, 2020 Filing 1 COMPLAINT against All Defendants, filed by Watson Electrical Construction Co., SPC Mechanical Corporation, Schneider Electric Building Americas, Inc. (Attachments: #1 Exhibit 1-25, #2 Exhibit 26-57, #3 Exhibit 58-61, #4 Exhibit 62, #5 Exhibit 63, #6 Exhibit 64, #7 Exhibit 65, #8 Exhibit 66-70, #9 Exhibit 71-75, #10 Exhibit 76-80, #11 Exhibit 81-85, #12 Exhibit 86-92, #13 Exhibit 93-100, #14 Exhibit 101, #15 Exhibit 102, #16 Exhibit 103, #17 Exhibit 104, #18 Exhibit 105-180, #19 Exhibit 181-215, #20 Exhibit 216-250) (Smith, Steven)

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Search for this case: Schneider Electric Building Americas, Inc et al v. CBRE Heery f/k/a Heery International, Inc. et al
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Plaintiff: Watson Electrical Construction Co.
Represented By: Steven L. Smith
Represented By: Matthew K. Stiles
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Plaintiff: SPC Mechanical Corporation
Represented By: Steven L. Smith
Represented By: Matthew K. Stiles
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Plaintiff: Schneider Electric Building Americas, Inc
Represented By: Steven L. Smith
Represented By: Matthew K. Stiles
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Defendant: Federal Insurance Company
Represented By: Mignon A. Lunsford
Represented By: Heather F. Shore
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Defendant: Balfour Beatty, LLC
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Defendant: Travelers Casualty and Surety Company of America
Represented By: Mignon A. Lunsford
Represented By: Heather F. Shore
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Defendant: Liberty Mutual Insurance Company
Represented By: Mignon A. Lunsford
Represented By: Heather F. Shore
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Defendant: CBRE Group, Inc.
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Defendant: Heery International, Inc.
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Defendant: Federal and Deposit Company of Maryland
Represented By: Mignon A. Lunsford
Represented By: Heather F. Shore
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Defendant: Balfour Beatty Construction, LLC
Represented By: Mignon A. Lunsford
Represented By: Heather F. Shore
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Defendant: CBRE Heery f/k/a Heery International, Inc.
Represented By: Mignon A. Lunsford
Represented By: Heather F. Shore
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