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DANIEL-M. HORRIGAN
MNNSEP 12 PH 32
SUMMIT CUNT
CLERK OF COURTS
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
MICHIGAN PRECISION ) CASE NO. CV 2011-07-3930
GRADING, INC. )
) Judge Mary Margaret Rowlands
Plaintiff, )
)
v. )
) PLAINTIFF’S ANSWER TO
QUALITY ASBESTOS & ) AMERICAN CONTRACTORS
DEMOLITION SERVICES, LLC, et al. ) INDEMNITY COMPANY’S
) COUNTERCLAIM
Defendants. )
Plaintiff Michigan Precision Grading, Inc. (“MPG”), by and through counsel, states the
following for its Answer to Defendant American Contractors Indemnity Company’s (“ACIC”)
Counterclaim:
COUNTERCLAIM ANSWER
“PARTIES”
1, MPG is without sufficient knowledge or information to form a belief as to the truth
of the allegations contained in paragraph 1 of the Counterclaim.
2. MPG admits the allegations contained in paragraph 2 of the Counterclaim.
3. MPG is without sufficient knowledge or information to form a belief as to the truth
of the allegations contained in paragraphs 3, 4, 5, and 6 of the Counterclaim.
4. MPG admits the allegations contained in paragraph 7 of the Counterclaim.5. MPG is without sufficient knowledge or information to form a belief as to the truth
of the allegations contained in paragraphs 8 and 9 of the Counterclaim.
“JURISDICTION AND VENUE”
6. MPG admits the allegations contained in paragraph 10 and 11 of the Counterclaim
that venue and jurisdiction is proper in this Court.
“FACTS COMMON TO ALL COUNTS”
7. In response to paragraph 12 of the Counterclaim, MPG incorporates the foregoing
admissions, responses, and denials as if fully re-stated herein.
8. MPG admits the allegations contained in paragraph 13 of the Counterclaim.
9. MPG admits the allegations contained in paragraph 14 of the Counterclaim that ACIC
executed one or more Bid Guaranty & Contract Bonds for the Project naming Defendant Quality
Asbestos as, the principal, but is without sufficient knowledge or information to form a belief as to!
the truth of the remaining allegations contained therein.
10. | MPG admits the allegations contained in paragraph 15 of the Counterclaim that
Defendant Quality Asbestos entered into a contract with the University to perform demolition work
on the Project, but is without sufficient knowledge or information to form a belief as to the truth of
the remaining allegations contained therein.
ll. | MPG generally admits the allegations contained in paragraph 16 of the Counterclaim
that the Bond was conditioned on Quality’s faithful comp!ction of the terms of the Contract and also
its faithful payment of suppliers and subcontractors who furnished labor and/or materials to the
Project, but further states that the terms of the applicable bonds speak for themselves and control
over ACIC’s general characterizations.
12. MPG admits the allegations contained in paragraph 17 of the Counterclaim that the
2University issued a letter defaulting Defendant Quality Asbestos, but is without sufficient knowledge
or information to form a belief as to the truth of the remaining allegations contained therein.
13. MPG is without sufficient knowledge or information to form a belief as to the truth
of the allegations contained in paragraphs 18, 19, and 20 of the Counterclaim.
14, MPG admits the allegations contained in paragraph 21 of the Counterclaim only to
the extent that MPG has submitted a claim against the bond and that some of the other Defendants
herein may allege a claim against the bond.
15. MPG admits that some of the parties identified in paragraphs 22, 23, 24, 25, and 26
of the Counterclaim may claim money due, but is without sufficient knowledge or information to
form a belief as to the truth of the allegations contained therein.
16. | MPG admits the allegations contained in paragraph 27 of the Counterclaim.
17. MPG is without sufficient knowledge or information to form a belief as to the truth
of the allegations contained in paragraphs 28 and 29 of the Counterclaim.
“COUNT ONE - INTERPLEADER”
18. In response to paragraph 30 of the Counterclaim, MPG incorporates the foregoing
admissions, responses, and denials as if fully re-stated herein.
19. | MPG submits that interpleader of the full amount of the penal sum of the Bond is
appropriate, but is without sufficient knowledge or information to form a belief as to the truth of the
allegations contained in paragraphs 31, 32, 33, 34, 35, and 36 of the Counterclaim.
20. MPG denies all allegations set forth in the Counterclaim not specifically admitted
above.WHEREFORE, Plaintiff Michigan Precision Grading, Inc. renews its requests for the relief
set forth in the Amended Complaint herein; requests an Order directing Defendant American]
Contractors Indemnity Company to deposit the full amount of the penal sum of the Bond; and
requests the Court to deny the relief requested in paragraphs (a), (d), and (e) contained in the
WHEREFORE clause of the Counterclaim.
sctfully submitted,
R. Spoonster (#0070863)
NEY & KLINGSHIRN
mbassy Parkway, Suite 280
Akron, OH 44333
(330) 665-5445
(330) 665-5446 fax
jspoonster@fklaborlaw.com
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing was served by first class mail, postage prepaid
this 8" day of September, 2011 to:
Bradley L. Greene, Esq.
75 Public Square, Ste. 920
Cleveland, OH 44113
Counsel for Plaintiff, OHIO MACHINERY CO.
dba OHIO CAT
Frederick M. Lombardi, Esq.
James S. Simon, Esq.
Buckingham, Doolittle & Burroughs, LLP
3800 Embassy Parkway, Ste. 300
Akron, OH 44333
Counsel for Defendant THE UNIVERSITY OF AKRON
Basil W, Mangano, Esq.
Mangano Law Offices Co. LPA
2245 Warrensville Center Road, Ste. 213
Cleveland, OH 44118Counsel for Defendant LABORERS’ INTERNATIONAL UNION
OF NORTH AMERICA, LOCAL 894
Lee M. Brewer, Esq.
Justin Owen, Esq.
Alber Crafton, PSC
501 W. Schrock Rd., Ste. 104
Westerville, OH 43081-8036
Counsel for Defendant AMERICAN CONTRACTORS INDEMNITY COMPANY
David Amold, Esq.
Weston Hurd, LLP
The Tower at Erieview
1301 East 9" Street, Ste. 1900
Cleveland, OH 44114-1862
Counsel for Defendant GIBSON MACHINERY, LLC
Steven L. Yashnik, Esq.
3250 W. Market Street, Ste. 14
Akron, OH 44333
Counsel for Defendant S.A. COMUNALE CO.
James C. Carpenter, Esq.
Steptoe & Johnson PLLC
Huntington Center, Ste. 2200
41 South High Street
Columbus, OH 43215
Counsel for Defendant COMPANY WRENCH, LTD
QUALITY ASBESTOS &
DEMOLITION SERVICES, LLC
300 Atlantic Street
Bay City, MI 46708
h i bole (#0070863)
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DANIEL-M. HORRIGAN MNNSEP 12 PH 32 SUMMIT CUNT CLERK OF COURTS IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO MICHIGAN PRECISION ) CASE NO. CV 2011-07-3930 GRADING, INC. ) ) Judge Mary Margaret Rowlands Plaintiff, ) ) v. ) ) PLAINTIFF’S ANSWER TO QUALITY ASBESTOS & ) AMERICAN CONTRACTORS DEMOLITION SERVICES, LLC, et al. ) INDEMNITY COMPANY’S ) COUNTERCLAIM Defendants. ) Plaintiff Michigan Precision Grading, Inc. (“MPG”), by and through counsel, states the following for its Answer to Defendant American Contractors Indemnity Company’s (“ACIC”) Counterclaim: COUNTERCLAIM ANSWER “PARTIES” 1, MPG is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraph 1 of the Counterclaim. 2. MPG admits the allegations contained in paragraph 2 of the Counterclaim. 3. MPG is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraphs 3, 4, 5, and 6 of the Counterclaim. 4. MPG admits the allegations contained in paragraph 7 of the Counterclaim.5. MPG is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraphs 8 and 9 of the Counterclaim. “JURISDICTION AND VENUE” 6. MPG admits the allegations contained in paragraph 10 and 11 of the Counterclaim that venue and jurisdiction is proper in this Court. “FACTS COMMON TO ALL COUNTS” 7. In response to paragraph 12 of the Counterclaim, MPG incorporates the foregoing admissions, responses, and denials as if fully re-stated herein. 8. MPG admits the allegations contained in paragraph 13 of the Counterclaim. 9. MPG admits the allegations contained in paragraph 14 of the Counterclaim that ACIC executed one or more Bid Guaranty & Contract Bonds for the Project naming Defendant Quality Asbestos as, the principal, but is without sufficient knowledge or information to form a belief as to! the truth of the remaining allegations contained therein. 10. | MPG admits the allegations contained in paragraph 15 of the Counterclaim that Defendant Quality Asbestos entered into a contract with the University to perform demolition work on the Project, but is without sufficient knowledge or information to form a belief as to the truth of the remaining allegations contained therein. ll. | MPG generally admits the allegations contained in paragraph 16 of the Counterclaim that the Bond was conditioned on Quality’s faithful comp!ction of the terms of the Contract and also its faithful payment of suppliers and subcontractors who furnished labor and/or materials to the Project, but further states that the terms of the applicable bonds speak for themselves and control over ACIC’s general characterizations. 12. MPG admits the allegations contained in paragraph 17 of the Counterclaim that the 2University issued a letter defaulting Defendant Quality Asbestos, but is without sufficient knowledge or information to form a belief as to the truth of the remaining allegations contained therein. 13. MPG is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraphs 18, 19, and 20 of the Counterclaim. 14, MPG admits the allegations contained in paragraph 21 of the Counterclaim only to the extent that MPG has submitted a claim against the bond and that some of the other Defendants herein may allege a claim against the bond. 15. MPG admits that some of the parties identified in paragraphs 22, 23, 24, 25, and 26 of the Counterclaim may claim money due, but is without sufficient knowledge or information to form a belief as to the truth of the allegations contained therein. 16. | MPG admits the allegations contained in paragraph 27 of the Counterclaim. 17. MPG is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraphs 28 and 29 of the Counterclaim. “COUNT ONE - INTERPLEADER” 18. In response to paragraph 30 of the Counterclaim, MPG incorporates the foregoing admissions, responses, and denials as if fully re-stated herein. 19. | MPG submits that interpleader of the full amount of the penal sum of the Bond is appropriate, but is without sufficient knowledge or information to form a belief as to the truth of the allegations contained in paragraphs 31, 32, 33, 34, 35, and 36 of the Counterclaim. 20. MPG denies all allegations set forth in the Counterclaim not specifically admitted above.WHEREFORE, Plaintiff Michigan Precision Grading, Inc. renews its requests for the relief set forth in the Amended Complaint herein; requests an Order directing Defendant American] Contractors Indemnity Company to deposit the full amount of the penal sum of the Bond; and requests the Court to deny the relief requested in paragraphs (a), (d), and (e) contained in the WHEREFORE clause of the Counterclaim. sctfully submitted, R. Spoonster (#0070863) NEY & KLINGSHIRN mbassy Parkway, Suite 280 Akron, OH 44333 (330) 665-5445 (330) 665-5446 fax jspoonster@fklaborlaw.com CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing was served by first class mail, postage prepaid this 8" day of September, 2011 to: Bradley L. Greene, Esq. 75 Public Square, Ste. 920 Cleveland, OH 44113 Counsel for Plaintiff, OHIO MACHINERY CO. dba OHIO CAT Frederick M. Lombardi, Esq. James S. Simon, Esq. Buckingham, Doolittle & Burroughs, LLP 3800 Embassy Parkway, Ste. 300 Akron, OH 44333 Counsel for Defendant THE UNIVERSITY OF AKRON Basil W, Mangano, Esq. Mangano Law Offices Co. LPA 2245 Warrensville Center Road, Ste. 213 Cleveland, OH 44118Counsel for Defendant LABORERS’ INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 894 Lee M. Brewer, Esq. Justin Owen, Esq. Alber Crafton, PSC 501 W. Schrock Rd., Ste. 104 Westerville, OH 43081-8036 Counsel for Defendant AMERICAN CONTRACTORS INDEMNITY COMPANY David Amold, Esq. Weston Hurd, LLP The Tower at Erieview 1301 East 9" Street, Ste. 1900 Cleveland, OH 44114-1862 Counsel for Defendant GIBSON MACHINERY, LLC Steven L. Yashnik, Esq. 3250 W. Market Street, Ste. 14 Akron, OH 44333 Counsel for Defendant S.A. COMUNALE CO. James C. Carpenter, Esq. Steptoe & Johnson PLLC Huntington Center, Ste. 2200 41 South High Street Columbus, OH 43215 Counsel for Defendant COMPANY WRENCH, LTD QUALITY ASBESTOS & DEMOLITION SERVICES, LLC 300 Atlantic Street Bay City, MI 46708 h i bole (#0070863)