Preview
4:7 103—
COMMONWEALTH OF MASSACHUSETTS
HAMPSHIRE COUNTY, SS SUPERIOR COURT
CIVIL ACTION NO.
HD SUPPLY WATERWORKS, LTD.
Plaintiff,
Vv.
GML CONSTRUCTION, INC., and
Ke HILLS MUSIC ACADEMY, HAMPSHIRE SUPERIOR COURT
Defendants. JUN 2 [ 2017
Fe -NOWSK, JR.
COMPLAINT CLERK/MAGISTRATE
INTRODUCTION
This Complaint is seeking monetary and equitable relief and is filed to preserve and
enforce a mechanic’s lien against real property known as 48 Woodbridge Street and 10 Meadow
Lane, South Hadley, Massachusetts pursuant to M.G.L. c. 254. The subject property is more
fully described in the Quitclaim Deed recorded at Book 6023, Page 27 at the Hampshire District
Registry of Deeds and the Warranty Deed recorded at Book 7102, Page 120 at the Hampshire
District Registry of Deeds. The fee interest in the subject property is owned by Defendant,
Berkshire Hills Music Academy, Inc.
COUNT ONE — CONTRACT
(Against GML CONSTRUCTION, INC.)
1. Plaintiff, HD Supply Waterworks, LTD. (“HD”), is a limited partnership organized and
existing under the laws of the State of Florida with an office and place of business located
at 1830 Craig Park Court, St. Louis, Missouri 63146.
2. Defendant, GML Construction, Inc. (“GML”), is a corporation organized and existing
under the laws of the Commonwealth of Massachusetts with an office and place of
business located at 20 Cottage Avenue, Wilbraham, Massachusetts.On or about October 7, 2016, HD entered into an agreement with GML to furnish
materials.
Based upon the quantity of materials HD supplied, the value of materials supplied by HD
is $11,137.38.
HD supplied all materials required by its agreement with GML.
To date, GML has not paid HD for the materials it supplied.
In accordance with the agreement between GML and HD, GML owes HD the
outstanding balance of $11,137.38 plus interest, costs and attorneys’ fees.
HD has demanded payment, but GML has failed to’ pay HD all amounts it is due.
All conditions precedent to the maintenance of this action have been performed.
WHEREFORE, HD Supply Waterworks, LTD. demands judgment against GML
Construction, Inc. for its monetary damages plus interest, costs, and attorneys’ fees.
10.
11.
12.
13.
COUNT TWO — MECHANIC’S LIEN
Plaintiff, HD Supply Waterworks, LTD. (“HD”), is a limited partnership organized and
existing under the laws of the State of Florida with an office and place of business located
at 1830 Craig Park Court, St. Louis, Missouri 63146
Defendant, GML Construction, Inc. (“GML”), is a corporation organized and existing
under the laws of the Commonwealth of Massachusetts with an office and place of
business located at 20 Cottage Avenue, Wilbraham, Massachusetts.
Defendant, Berkshire Hills Music Academy, Inc. (“Berkshire Hills”), is a corporation
organized and existing under the laws of the Commonwealth of Massachusetts with the
business address of 48 Woodbridge Street, South Hadley, Massachusetts 01075, and is
the owner of the premises located at 48 Woodbridge Street and 10 Meadow Lane, South
Hadley, Massachusetts (the “Subject Property”).
The Subject Property is the buildings and land situated in the Town of South Hadley,
County of Hampshire, and Commonwealth of Massachusetts commonly known as 48
Woodbridge Street and 10 Meadow Lane, and more fully described in the Quitclaim
Deed recorded at Book 6023, Page 27 at the Hampshire District Registry of Deeds and
the Warranty Deed recorded at Book 7102, Page 120 at the Hampshire District Registry
of Deeds.14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Berkshire Hills entered into a contract with GML and/or The Associated Construction
Company (“Associated”) for the erection, alteration, or repair of a building, structure or
other improvement of the Subject Property.
At all times relevant hereto, Berkshire Hills is the owner of the fee interest in the Subject
Property.
If Associated was the subject project’s general contractor with a contract with the owner,
then GML entered into a subcontract with Associated to furnish labor and/or materials for
the work Associated was required to perform on the Subject Property. Otherwise, GML
was the subject project’s general contractor.
HD entered into a written contract with GML to furnish materials for the work that GML
was required to perform on the Subject Property.
Based upon the quantity of the materials HD supplied to GML for GML’s work on the
Subject Property, the value of said materials is $11,137.38.
GML has not paid HD for the materials it supplied to the Subject Property.
In accordance with the agreement between HD and GML, GML owes HD the contract
balance of $11,137.38 plus interest, costs and attorneys’ fees.
HD has demanded payment but GML has failed to pay HD for the materials HD supplied
to GML for GML’s work on the Subject Property.
On March 3, 2017, within the time prescribed by G.L. Chapter 254, §4, HD filed a notice
of subcontract with the Hampshire District Registry of Deeds in Book 12566, Page 49. A
copy of the notice of subcontract is attached hereto as Exhibit A.
On or about March 9, 2017, in full conformity to G.L. Chapter 254, §4, Berkshire Hills
was served with written notice of the recording and filing of the notice of subcontract,
along with a genuine copy of that notice. A copy of said notice and notice of subcontract
was provided to GML and Associated. A copy of the aforesaid notices and proof of
certified mailings and receipts are attached hereto as Exhibit B.
On March 27, 2017, within the time prescribed by c. 254, §8, HD filed a sworn statement
of account with the Hampshire District Registry of Deeds in Book 12581, Page 265. A
copy of the statement of account is attached hereto as Exhibit C.25.
26.
27.
28.
29.
30.
31.
32.
On or about March 29, 2017, Berkshire Hills was served with written notice of the
recording and filing of the statement of account, along with a genuine copy of that
statement. A copy of said notice and statement was provided to GML and Associated. A
copy of the notice, statement, and proof of certified mailing and receipt are attached
hereto as Exhibit D.
This action is being commenced within the time prescribed by c. 254, §11.
All conditions precedent to the maintenance of this action have been performed.
WHEREFORE, HD Supply Waterworks, LTD. requests this court:
. Adjudge the amount due to HD from GML for labor and materials furnished in the
erection, alteration or repair of the building or other improvement to the real property
known as 503 South Main Street, Andover, Massachusetts and more fully described in
Paragraph 13 is $11,137.38, plus interest, costs and attorneys’ fees;
. Adjudge HD Supply Waterworks, LTD. has established a lien on the real property known
as 48 Woodbridge Street and 10 Meadow Lane, South Hadley, Massachusetts and more
fully described in Paragraph 13 for $11,137.38, plus interest, costs and attorneys’ fees;
. Order a sale of the interest of Berkshire Hills in the real property known 48 Woodbridge
Street and 10 Meadow Lane, South Hadley, Massachusetts and more fully described in
Paragraph 13 on which the lien has been established;
. Order that the proceeds of the sale be applied to payment of the sum found due HD; and
Give such further relief as is proper.
COUNT THREE ~ QUANTUM MERUIT
(Against GML CONSTRUCTION, INC.)
HD hereby re-alleges and incorporates by reference the allegations contained in
Paragraphs 1 through 27 herein.
In good faith, HD supplied materials to GML with the fair value of $11,137.38.
GML requested and directed HD to supply materials for its work on the Subject Property.
HD rendered to GML valuable labor, material and/or services from which GML realized
a direct and material benefit and for which it did not pay.
An outstanding balance of $11,137.38 plus interest, costs and attorneys’ fees remains due
to HD from GML pursuant to the contract between them.33.
34.
35.
36.
It would be inequitable and unconscionable for GML to retain the benefits furnished
pursuant to its directives without fully compensating HD.
GML was aware at all times material hereto that HD expected, would demand and has
demanded to be paid for the provision of labor, material and/or services occasioned by
GML’s requests, changes and directives.
As a result of GML’s requests, changes and directives, HD furnished to GML labor,
materials and/pr services that GML knowingly and voluntarily requested, accepted and
enjoyed and for which GML expressly and impliedly promised to pay a reasonable sum.
Despite demand, GML has failed and refused to fully pay HD for the balance due for the
materials that HD has supplied to GML.
WHEREFORE, HD demands judgment against GML for its money damages, plus
interest and costs and such further relief as is proper.
37.
38.
39.
40.
COUNT FOUR- UNJUST ENRICHMENT
(Against GML CONSTRUCTION, INC.)
HD hereby re-alleges and incorporates by reference the allegations contained in
Paragraphs | through 36 herein.
HD supplied GML with materials for a certain construction project with the reasonable
expectation that it would be paid for said materials.
GML accepted the benefit of HD’s materials knowing that HD expected to be paid for
said materials.
GML accepted the benefits of HD’s materials, while failing to fully compensate HD for
said materials, and GML will be unjustly enriched, unless it fully compensates HD for the
reasonable value of said materials.
WHEREFORE, HD requests judgment against GML for its money damages, plus interest
and costs, and such further relief as is proper.Respectfully submitted,
Plaintiff, HD Supply Waterworks, LTD.
By its Attorney,
& Orenstein (BBO# 668329)
Goldberg Segalla LLP
100 Pearl Street
Suite 1100
Hartford, CT 06103
Tel: (860) 760-3317
Email: sorenstein@goldbergsegalla.com
Dated: June 17, 2017Exhibit “A”on
Bic 12566Pg: 49 Page: 1 of 2
Recorded: 02/09/2017 01:46 PM
NOTICE OF SUBCONTRACT
M.G. L. c. 254, Section 4
Notice is hereby given that by virtue of a written contract dated on or about October 7
2016, between GML Construction, Inc., contractor or subcontractor, and HD Supply
Waterworks, LTD., said HD Supply Waterworks, LT
material, or both labor and material, or is to furnish or has furnished rental equipment, appliances
or tools, in the erection, alteration, repair or removal of a building, structure or other
improvement of real property by GML Construction, Inc. and/or The Associated Construction
Company, as contractor, for Berkshire Hills Music Academy, Inc., 48 Woodbridge Street, South
Hadley, Massachusetts 01075, owner, ona lot of land or other interest in real property described
as follows:
The buildings and the land situated in the Town of South Hadley, County of Hampshire
and Commonwealth of Massachusetts commonly known as 48 Woodbridge Street and 10
Meadow Lane and more fully described in the Quitclaim Deed recorded at Book 6023,
Page 27 at the Hampshire District Registry of Deeds and the Warranty Deed recorded at
Book 7102, Page 120 at the Hampshire District Registry of Deeds.
As of the date of this notice, an account of said contract is as follows:
1, contract price: Unit Price Contract to supply
materials; ($11,137.38 sold to date)
2. agreed change orders: $0.00 :
(indicate whether addition or subtraction) (neither addition or subtraction)
3. pending change orders: $0.00
(indicate whether addition or subtraction) (neither addition or subtraction)
4, disputed claims: $0.00,
(indicate whether addition or subtraction) (neither addition or subtraction)
5, payments received: $0.00
6258826.2‘The regular mailing address of the party recording or filing this notice is as follows: HD
Supply Waterworks, LTD., 1830 Craig Park Court, St. Louis, Missouri 63146.
Its Director, Credit and Collections
Duly Authorized
STATE OF MISSOURI )
) ss:
COUNTY OF ST. LOUIS)
One ech 22/2 7_, then personally appeared before me the above-named
Theresa Kerkhoff, Director, Credit and Collections, of HD Supply Waterworks, LTD.., signer of
the foregoing Notice of Subcontract, and, being duly sworn, made solemn oath to the truth of the
foregoing Notice of Subcontract and acknowledged the execution of the foregoing instrument to
be her free act and deed in such capacity and the free act and deed of said company.
LW, SD
Notary Public MA 2fi'n 1. SHAS (07,
My Commission Expires: _/2--0 5-777
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6258826.2 2Exhibit “B”GOLDBERG SEGALLA™ Seott S, Orenstein | Partner
Direct 860.760.3317 | sorenstein@goldbergsegalla.com
NOTICE TO OWNER
March 7, 2017
Berkshire Hills Music Academy, Inc.
48 Woodbridge Street
South Hadley, MA 01075
(Via Certified Mail/Return Receipt Requested -- #7013 1710 0001 5533 2247)
Berkshire Hills Music Academy, Inc.
9 Monadnock Road
Wellesley, MA 02481
(Via Certified Mail/Return Receipt Requested #7013 1710 0001 5533 2230)
Re: Notice of Contract — 48 Woodbridge Street and 10 Meadow Lane,
South Hadley, MA
This firm represents HD Supply Waterworks, LTD. If you are represented by counsel, please
forward this correspondence to them.
Enclosed please find a copy of the Notice of Subcontract pertaining to 48 Woodbridge Street and
10 Meadow Lane, South Hadley, MA that was recorded on March 3, 2017 in Book 12566 at
Page 49 of the Hampshire County Registry of Deeds. Also enclosed is a copy of the Office
Receipt for Recording pertaining to said Notice of Subcontract.
Sincerely,
Scott Orenstein
Enclosures
ce: GML Construction, Inc.“
20 Cottage Avenue
Wilbraham, MA 01095
(Via Certified Mail/Return Receipt Requested #7013 1710 0001 5533 2223)
The Associated Construction Company
1010 Wethersfield Avenue
Suite 206
Hartford, CT 06114
(Via Certified Mail/Return Receipt Requested #7013 1710 0001 5533 2216)
100 Pearl Street, Suite 1100 | Hartford, CT 06103-4508 | 860.760.3300 | Fax 860.760.3301 | www.GoldbergSegalla.com
New YORK |, ILLINOIS | FLORIDA | MARYLAND | MISSOUR! | NORTH CAROLINA | PENNSYLVANIA | NEW JeRseY| CONNECTICUT | UNITED KINGDOM
6289127.1NOTICE OF SUBCONTRACT
M.G.L. ¢, 254, Section 4
Notice is hereby given that by virtue.of.a written contract dated on or about October'7
20116, between GML Consthiction, Ine:, contractor or-subcontractor, and HD Supply
Waterworks, LTD., said HD. Supply Waterworks; LTD. is:to furnish or has furnished labor or
maierial
1, of beth labor and niaterial, or is to furnish or has furnished rental-équipment, appliances
or tools, in ‘the éreetion, alteration, repair or removal of a building, stricture or.ofher
improvement of real property ‘by GML Construction, Inc. and/or The Associated Construction
Corhpany, as contractor, -for Berkshire Hills. Music, Academy, Inic., 48. Woodbridge Street, South
Hadley, Massachusetts 01075, owner, on a {ot of land or other interest in real property described
as follows:
“The buildings and the. land situated ih the Towi-of South Hadley, County of Hampshire
and Commonwealth of Massachusetts commonly-known as 48 Woodbridge Streetand 10
Meadow Lane and more fully de: ibed in'the Quitclaim Deed recorded at Book 6023,
Page:27 at.the Hampshire District Registry of Deeds: uid thé Warranty Deed recorded at
Book 7102, Page. 120’at the Hampshire District Registry of | Deeds.
Ag’of the date of this tioticé, an account of'said contract 'is as ‘follows:
1, contract price: Unit Price Contract to supply
materials; ($1.1,137.38 sold to date)
2: agreed change orders: . $0.00
(indiéate whether addition or subtraction) (neither addition.or subtraction)
3, pending change ordets: $0.00 . .
(indicate whether. addition or subitaction) (neither'addition or subtraction)
4. disputed claims: $0.00,
(indicate ‘whether-addition or subtraction) (neither‘addition ot subtraction)
5. payments reccived: $9.00
6258826:2The regular mailing address of the party recording or filing this notice is as follows: HD
Supply Waterworks, LTD., 1830 Craig Park Court, St. Louis, Missouri 63146.
HD Supply Waterworks, LTD.
ra
a { i
(¥
Phefesa Kerkhoff
Its Director, Credit and Collections
Duly Authorized
STATE OF MISSOURI )
) ss:
COUNTY OF ST. LOUIS)
OneAbccl 2ol Sbu'?_, then personally appeared before me the above-named
Theresa Kerkhoff, Director. Credit and Collections, of HD Supply Waterworks. LTD., signer of
the foregoing Notice of Subcontract, and, being duly sworn, made solemn oath to the truth of the
foregoing Notice of Subcontract and acknowledged the execution of the foregoing instrument to
be her free act and deed in such capacity and the free act and deed of said company.
Piaetn VY.
Notary Public #07 2]in A/S TE.
‘Commission
St. Loui
62588262 2Leama TET er 10
‘™ Complete items 1, 2, and 3, Also complete.
item 4 if Restricted Delivery is desired
‘™ Print your name and address on the reverse 5 : < A) O Addressee
So that we carrretumn the-card to you. EN Recta 'Narhe) 7
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or on the-front if space permits, $Y ~/T
D. Is.delivery address diferent from tem 1? LI Yes
EYES, enter delivery address belows. 1 No
4. Restricted Delivery? (Extra Fee) O yes
2. Atticle Number i : 7 :
Ganstertonsenconcey |_?023 4700 0001 5533 2247
= ya Wet ieremeseciee
PS Form 3811,February 2004 _ . Domestio Retun Receipt. __ MOBBSO2 MBA
Mees ase DELIVERY
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fabey 31710 o001 5533 ; 1
| PS Form 3811, February 2008 Domestic Retum Receipt 2533 2230 2
102596-08 Nte%0;Exhibit “C”Bk: 12684 Pg: 265
veges
Bk: 12681Pg: 266 Page: 1of2
Recorded: 03/27/2017 02:24 PM
STATEMENT OF ACCOUNT
MG. L. c. 254, § 8
Notice is hereby given that pursuant to a written contract dated on or about October 7,
2016, between GML Construction, Inc., contractor (or subcontractor), and HD Supply
Waterworks, LTD., subcontractor (or sub-subcontractor), the following is a just and true account
of the amount due HD Supply Waterworks, LTD., including credits, for labor and material
furnished in the erection, operation, repair or removal of the building, structure or other
improvement by GML Construction, Inc. and/or The Associated Construction Company, as
contractor, for Berkshire Hills Music Academy, Inc., owner, of the lot of land or other interest in
real property described as follows:
“The buildings and the land situated in Town of South Hadley, County of Hampshire and
Commonwealth of Massachusetts commonly known as 48 Woodbridge Street and 10
Meadow Lane and more fully described in the Quitclaim Deed recorded at Book 6023,
Page 27 at the Hampshire District Registry of Deeds, and in the Warranty Deed recorded
at Book 7102, Page 120 at the Hampshire District Registry of Deeds.
As of the date of this Statement, a just and true account of ‘said contract indicates that
$11,137.38 is due and unpaid to the undersigned as follows:
1, Contract amount
Agreed change orders
. Less previous payments
Subtotal
Disputed claims and extras
Balance Due
ayer
6357450.1
Unit Price Contract to
Supply materials
($11,137.38 sold to date)
$0.00
$0.00
$11,137.38
$0.00
$11,137.38Bk: 12581 Pg: 266
The owner of said land is Berkshire Hills Music Academy, Inc., with an address of 48
4 Woodbridge Street, South Hadley, Massachusetts 01075.
i HD Supply Waterworks, LTD,
| 1830 Craig Park Court
St. Louis, Missouri 63146
Its Director, Credit and Collection:
Duly Authorized
STATE OF MISSOURI )
) ss:
COUNTY OF ST. LOUIS )
On 3 Gar | iP , then personally appeared before me the above-named
Dhte
Theresa Kerkhoff, Director, Credit and Collections, of HD ly Waterworks, LTD., signer of
the foregoing Statement of Account, and, being duly sworn, made solemn oath to the truth of this
instrument and acknowledged the execution of the foregoing instrument to be her free act and
deed in such capacity and the free act and deed of said company.
nullity,
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Reference: Notice of Subcontract recorded on March 3, 2017 in Book 12566, Page 49.
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6357450.1Exhibit “D”a GOLDBERG SEGALLA™ Scott S. Orenstein | Partner
Direct 860.760.3317 | sorenstein@goldbergsegalla.com
NOTICE TO OWNER
March 28, 2017
Berkshire Hills Music Academy, Inc.
48 Woodbridge Street
South Hadley, MA 01075
Via Certified Mail/Return Receipt Requested #7014 3490 0002 3531 2567
- Berkshire Hills Music Academy, Inc.
9 Monadnock Road
Wellesley, MA 02481
Via Certified Mail/Retum Receipt Requested #7014 3490 0002 3531 2574
Re: Notice of Contract — 48 Woodbridge Street and 10 Meadow Lane,
South Hadley, MA
This firm represents HD Supply Waterworks, LTD. If you are represented by counsel, please
forward this correspondence to them.
Enclosed please find a copy of the recorded Statement of Account pertaining to 48 Woodbridge
Street and 10 Meadow Lane, South Hadley, MA that was recorded on March 27, 2017 in Book ©
12581 at Page 265 of the Hampshire County Registry of Deeds.
Sincerely,
Scott Orenstein
Enclosures
ce: GML Construction, Inc.
20 Cottage Avenue
Wilbraham, MA 01095
Via Certified Mail/Return Receipt Requested #7013 1710 0001 5533 3398
The Associated Construction Company
1010 Wethersfield Avenue
Suite 206
Hartford, CT 06114
Via Certified Mail/Return Receipt Requested #7013 1710 0001 5533 3404
100 Pearl Street, Suite 1100 | Hartford, CT 06103-4506 | 860.760.3300 | Fax 860.760.3301 | www.GoldbergSegalla.com
New YoRk | ILLINOIS | FLORIDA | MARYLAND | Missour! | NORTH CAROLINA | PENNSYLVANIA | NeW JERSEY| CONNECTICUT | UNITED KINGDOM
6407205.1Bk: 12581 Pg: 265
mee
Bk: 12581Pg: 285 Page: 1 of 2
Recorded: 03/27/2017 02:24 PM
STATEMENT OF ACCOUNT
MG. L. c. 254, § 8
Notice is hereby given that pursuant to a written contract dated on or about October 7,
2016, between GML Construction, Inc., contractor (or subcontractor), and HD Supply
Waterworks, LTD., subcontractor (or sub-subcontractor), the following is a just and true account
of the amount due HD Supply Waterworks, LTD., including credits, for labor and material
furnished in the erection, operation, repair or removal of the building, structure or other
improvement by GML Construction, Inc. and/or The Associated Construction Company, as
contractor, for Berkshire Hills Music Academy, Inc., owner, of the lot of land or other interest in
real property described as follows:
The buildings and the land situated in Town of South Hadley, County of Hampshire and
Commonwealth of Massachusetts commonly known as 48 Woodbridge Street and 10
Meadow Lane and more fully described in the Quitclaim Deed recorded at Book 6023,
Page 27 at the Hampshire District Registry of Deeds, and in the Warranty Deed recorded
at Book 7102, Page 120 at the Hampshire District Registry of Deeds.
As of the date of this Statement, a just and true account of said contract indicates that
$11,137.38 is due and unpaid to the undersigned as follows:
1, Contract amount : Unit Price Contract to
Supply materials
($11,137.38 sold to date)
2.. Agreed change orders $0.00
3. Less previous payments $0.00
4. Subtotal $11,137.38
5. Disputed claims and extras $0.00
6. Balance Due $11,137.38
6357450.1Bk: 12581 Pg: 266
The owner of said land is Berkshire Hills Music Academy, Inc., with an address of 48
Woodbridge Street, South Hadley, Massachusetts 01075.
HD Supply Waterworks, LTD.
1830 Craig Park Court
St. Louis, Missouri 63146
Theresa KerkhOtf
Its Director, Credit and Collections
Duly Authorized
STATE OF MISSOURI )
) ss:
COUNTY OF ST. LOUIS )
| \7
then personally appeared before me the above-named
Theresa Kerkhoff. Director, Credit and Collections, of HD Supply Waterworks, LTD., signer of
the foregoing Statement of Account, and, being duly sworn, made solemn oath to the truth of this
instrument and acknowledged the execution of the foregoing instrument to be her free act and
deed in such capacity and the free act and deed of said company.
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Reference: Notice of Subcontract recorded on March 3, 2017 in Book 12566, Page 49.
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Preview
4:7 103— COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE COUNTY, SS SUPERIOR COURT CIVIL ACTION NO. HD SUPPLY WATERWORKS, LTD. Plaintiff, Vv. GML CONSTRUCTION, INC., and Ke HILLS MUSIC ACADEMY, HAMPSHIRE SUPERIOR COURT Defendants. JUN 2 [ 2017 Fe -NOWSK, JR. COMPLAINT CLERK/MAGISTRATE INTRODUCTION This Complaint is seeking monetary and equitable relief and is filed to preserve and enforce a mechanic’s lien against real property known as 48 Woodbridge Street and 10 Meadow Lane, South Hadley, Massachusetts pursuant to M.G.L. c. 254. The subject property is more fully described in the Quitclaim Deed recorded at Book 6023, Page 27 at the Hampshire District Registry of Deeds and the Warranty Deed recorded at Book 7102, Page 120 at the Hampshire District Registry of Deeds. The fee interest in the subject property is owned by Defendant, Berkshire Hills Music Academy, Inc. COUNT ONE — CONTRACT (Against GML CONSTRUCTION, INC.) 1. Plaintiff, HD Supply Waterworks, LTD. (“HD”), is a limited partnership organized and existing under the laws of the State of Florida with an office and place of business located at 1830 Craig Park Court, St. Louis, Missouri 63146. 2. Defendant, GML Construction, Inc. (“GML”), is a corporation organized and existing under the laws of the Commonwealth of Massachusetts with an office and place of business located at 20 Cottage Avenue, Wilbraham, Massachusetts.On or about October 7, 2016, HD entered into an agreement with GML to furnish materials. Based upon the quantity of materials HD supplied, the value of materials supplied by HD is $11,137.38. HD supplied all materials required by its agreement with GML. To date, GML has not paid HD for the materials it supplied. In accordance with the agreement between GML and HD, GML owes HD the outstanding balance of $11,137.38 plus interest, costs and attorneys’ fees. HD has demanded payment, but GML has failed to’ pay HD all amounts it is due. All conditions precedent to the maintenance of this action have been performed. WHEREFORE, HD Supply Waterworks, LTD. demands judgment against GML Construction, Inc. for its monetary damages plus interest, costs, and attorneys’ fees. 10. 11. 12. 13. COUNT TWO — MECHANIC’S LIEN Plaintiff, HD Supply Waterworks, LTD. (“HD”), is a limited partnership organized and existing under the laws of the State of Florida with an office and place of business located at 1830 Craig Park Court, St. Louis, Missouri 63146 Defendant, GML Construction, Inc. (“GML”), is a corporation organized and existing under the laws of the Commonwealth of Massachusetts with an office and place of business located at 20 Cottage Avenue, Wilbraham, Massachusetts. Defendant, Berkshire Hills Music Academy, Inc. (“Berkshire Hills”), is a corporation organized and existing under the laws of the Commonwealth of Massachusetts with the business address of 48 Woodbridge Street, South Hadley, Massachusetts 01075, and is the owner of the premises located at 48 Woodbridge Street and 10 Meadow Lane, South Hadley, Massachusetts (the “Subject Property”). The Subject Property is the buildings and land situated in the Town of South Hadley, County of Hampshire, and Commonwealth of Massachusetts commonly known as 48 Woodbridge Street and 10 Meadow Lane, and more fully described in the Quitclaim Deed recorded at Book 6023, Page 27 at the Hampshire District Registry of Deeds and the Warranty Deed recorded at Book 7102, Page 120 at the Hampshire District Registry of Deeds.14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Berkshire Hills entered into a contract with GML and/or The Associated Construction Company (“Associated”) for the erection, alteration, or repair of a building, structure or other improvement of the Subject Property. At all times relevant hereto, Berkshire Hills is the owner of the fee interest in the Subject Property. If Associated was the subject project’s general contractor with a contract with the owner, then GML entered into a subcontract with Associated to furnish labor and/or materials for the work Associated was required to perform on the Subject Property. Otherwise, GML was the subject project’s general contractor. HD entered into a written contract with GML to furnish materials for the work that GML was required to perform on the Subject Property. Based upon the quantity of the materials HD supplied to GML for GML’s work on the Subject Property, the value of said materials is $11,137.38. GML has not paid HD for the materials it supplied to the Subject Property. In accordance with the agreement between HD and GML, GML owes HD the contract balance of $11,137.38 plus interest, costs and attorneys’ fees. HD has demanded payment but GML has failed to pay HD for the materials HD supplied to GML for GML’s work on the Subject Property. On March 3, 2017, within the time prescribed by G.L. Chapter 254, §4, HD filed a notice of subcontract with the Hampshire District Registry of Deeds in Book 12566, Page 49. A copy of the notice of subcontract is attached hereto as Exhibit A. On or about March 9, 2017, in full conformity to G.L. Chapter 254, §4, Berkshire Hills was served with written notice of the recording and filing of the notice of subcontract, along with a genuine copy of that notice. A copy of said notice and notice of subcontract was provided to GML and Associated. A copy of the aforesaid notices and proof of certified mailings and receipts are attached hereto as Exhibit B. On March 27, 2017, within the time prescribed by c. 254, §8, HD filed a sworn statement of account with the Hampshire District Registry of Deeds in Book 12581, Page 265. A copy of the statement of account is attached hereto as Exhibit C.25. 26. 27. 28. 29. 30. 31. 32. On or about March 29, 2017, Berkshire Hills was served with written notice of the recording and filing of the statement of account, along with a genuine copy of that statement. A copy of said notice and statement was provided to GML and Associated. A copy of the notice, statement, and proof of certified mailing and receipt are attached hereto as Exhibit D. This action is being commenced within the time prescribed by c. 254, §11. All conditions precedent to the maintenance of this action have been performed. WHEREFORE, HD Supply Waterworks, LTD. requests this court: . Adjudge the amount due to HD from GML for labor and materials furnished in the erection, alteration or repair of the building or other improvement to the real property known as 503 South Main Street, Andover, Massachusetts and more fully described in Paragraph 13 is $11,137.38, plus interest, costs and attorneys’ fees; . Adjudge HD Supply Waterworks, LTD. has established a lien on the real property known as 48 Woodbridge Street and 10 Meadow Lane, South Hadley, Massachusetts and more fully described in Paragraph 13 for $11,137.38, plus interest, costs and attorneys’ fees; . Order a sale of the interest of Berkshire Hills in the real property known 48 Woodbridge Street and 10 Meadow Lane, South Hadley, Massachusetts and more fully described in Paragraph 13 on which the lien has been established; . Order that the proceeds of the sale be applied to payment of the sum found due HD; and Give such further relief as is proper. COUNT THREE ~ QUANTUM MERUIT (Against GML CONSTRUCTION, INC.) HD hereby re-alleges and incorporates by reference the allegations contained in Paragraphs 1 through 27 herein. In good faith, HD supplied materials to GML with the fair value of $11,137.38. GML requested and directed HD to supply materials for its work on the Subject Property. HD rendered to GML valuable labor, material and/or services from which GML realized a direct and material benefit and for which it did not pay. An outstanding balance of $11,137.38 plus interest, costs and attorneys’ fees remains due to HD from GML pursuant to the contract between them.33. 34. 35. 36. It would be inequitable and unconscionable for GML to retain the benefits furnished pursuant to its directives without fully compensating HD. GML was aware at all times material hereto that HD expected, would demand and has demanded to be paid for the provision of labor, material and/or services occasioned by GML’s requests, changes and directives. As a result of GML’s requests, changes and directives, HD furnished to GML labor, materials and/pr services that GML knowingly and voluntarily requested, accepted and enjoyed and for which GML expressly and impliedly promised to pay a reasonable sum. Despite demand, GML has failed and refused to fully pay HD for the balance due for the materials that HD has supplied to GML. WHEREFORE, HD demands judgment against GML for its money damages, plus interest and costs and such further relief as is proper. 37. 38. 39. 40. COUNT FOUR- UNJUST ENRICHMENT (Against GML CONSTRUCTION, INC.) HD hereby re-alleges and incorporates by reference the allegations contained in Paragraphs | through 36 herein. HD supplied GML with materials for a certain construction project with the reasonable expectation that it would be paid for said materials. GML accepted the benefit of HD’s materials knowing that HD expected to be paid for said materials. GML accepted the benefits of HD’s materials, while failing to fully compensate HD for said materials, and GML will be unjustly enriched, unless it fully compensates HD for the reasonable value of said materials. WHEREFORE, HD requests judgment against GML for its money damages, plus interest and costs, and such further relief as is proper.Respectfully submitted, Plaintiff, HD Supply Waterworks, LTD. By its Attorney, & Orenstein (BBO# 668329) Goldberg Segalla LLP 100 Pearl Street Suite 1100 Hartford, CT 06103 Tel: (860) 760-3317 Email: sorenstein@goldbergsegalla.com Dated: June 17, 2017Exhibit “A”on Bic 12566Pg: 49 Page: 1 of 2 Recorded: 02/09/2017 01:46 PM NOTICE OF SUBCONTRACT M.G. L. c. 254, Section 4 Notice is hereby given that by virtue of a written contract dated on or about October 7 2016, between GML Construction, Inc., contractor or subcontractor, and HD Supply Waterworks, LTD., said HD Supply Waterworks, LT material, or both labor and material, or is to furnish or has furnished rental equipment, appliances or tools, in the erection, alteration, repair or removal of a building, structure or other improvement of real property by GML Construction, Inc. and/or The Associated Construction Company, as contractor, for Berkshire Hills Music Academy, Inc., 48 Woodbridge Street, South Hadley, Massachusetts 01075, owner, ona lot of land or other interest in real property described as follows: The buildings and the land situated in the Town of South Hadley, County of Hampshire and Commonwealth of Massachusetts commonly known as 48 Woodbridge Street and 10 Meadow Lane and more fully described in the Quitclaim Deed recorded at Book 6023, Page 27 at the Hampshire District Registry of Deeds and the Warranty Deed recorded at Book 7102, Page 120 at the Hampshire District Registry of Deeds. As of the date of this notice, an account of said contract is as follows: 1, contract price: Unit Price Contract to supply materials; ($11,137.38 sold to date) 2. agreed change orders: $0.00 : (indicate whether addition or subtraction) (neither addition or subtraction) 3. pending change orders: $0.00 (indicate whether addition or subtraction) (neither addition or subtraction) 4, disputed claims: $0.00, (indicate whether addition or subtraction) (neither addition or subtraction) 5, payments received: $0.00 6258826.2‘The regular mailing address of the party recording or filing this notice is as follows: HD Supply Waterworks, LTD., 1830 Craig Park Court, St. Louis, Missouri 63146. Its Director, Credit and Collections Duly Authorized STATE OF MISSOURI ) ) ss: COUNTY OF ST. LOUIS) One ech 22/2 7_, then personally appeared before me the above-named Theresa Kerkhoff, Director, Credit and Collections, of HD Supply Waterworks, LTD.., signer of the foregoing Notice of Subcontract, and, being duly sworn, made solemn oath to the truth of the foregoing Notice of Subcontract and acknowledged the execution of the foregoing instrument to be her free act and deed in such capacity and the free act and deed of said company. LW, SD Notary Public MA 2fi'n 1. SHAS (07, My Commission Expires: _/2--0 5-777 Alt itiy7, ao ny Sn Ne SH 6/4 serission # 14681054 Cort. Louis: county Me wy? tes 6258826.2 2Exhibit “B”GOLDBERG SEGALLA™ Seott S, Orenstein | Partner Direct 860.760.3317 | sorenstein@goldbergsegalla.com NOTICE TO OWNER March 7, 2017 Berkshire Hills Music Academy, Inc. 48 Woodbridge Street South Hadley, MA 01075 (Via Certified Mail/Return Receipt Requested -- #7013 1710 0001 5533 2247) Berkshire Hills Music Academy, Inc. 9 Monadnock Road Wellesley, MA 02481 (Via Certified Mail/Return Receipt Requested #7013 1710 0001 5533 2230) Re: Notice of Contract — 48 Woodbridge Street and 10 Meadow Lane, South Hadley, MA This firm represents HD Supply Waterworks, LTD. If you are represented by counsel, please forward this correspondence to them. Enclosed please find a copy of the Notice of Subcontract pertaining to 48 Woodbridge Street and 10 Meadow Lane, South Hadley, MA that was recorded on March 3, 2017 in Book 12566 at Page 49 of the Hampshire County Registry of Deeds. Also enclosed is a copy of the Office Receipt for Recording pertaining to said Notice of Subcontract. Sincerely, Scott Orenstein Enclosures ce: GML Construction, Inc.“ 20 Cottage Avenue Wilbraham, MA 01095 (Via Certified Mail/Return Receipt Requested #7013 1710 0001 5533 2223) The Associated Construction Company 1010 Wethersfield Avenue Suite 206 Hartford, CT 06114 (Via Certified Mail/Return Receipt Requested #7013 1710 0001 5533 2216) 100 Pearl Street, Suite 1100 | Hartford, CT 06103-4508 | 860.760.3300 | Fax 860.760.3301 | www.GoldbergSegalla.com New YORK |, ILLINOIS | FLORIDA | MARYLAND | MISSOUR! | NORTH CAROLINA | PENNSYLVANIA | NEW JeRseY| CONNECTICUT | UNITED KINGDOM 6289127.1NOTICE OF SUBCONTRACT M.G.L. ¢, 254, Section 4 Notice is hereby given that by virtue.of.a written contract dated on or about October'7 20116, between GML Consthiction, Ine:, contractor or-subcontractor, and HD Supply Waterworks, LTD., said HD. Supply Waterworks; LTD. is:to furnish or has furnished labor or maierial 1, of beth labor and niaterial, or is to furnish or has furnished rental-équipment, appliances or tools, in ‘the éreetion, alteration, repair or removal of a building, stricture or.ofher improvement of real property ‘by GML Construction, Inc. and/or The Associated Construction Corhpany, as contractor, -for Berkshire Hills. Music, Academy, Inic., 48. Woodbridge Street, South Hadley, Massachusetts 01075, owner, on a {ot of land or other interest in real property described as follows: “The buildings and the. land situated ih the Towi-of South Hadley, County of Hampshire and Commonwealth of Massachusetts commonly-known as 48 Woodbridge Streetand 10 Meadow Lane and more fully de: ibed in'the Quitclaim Deed recorded at Book 6023, Page:27 at.the Hampshire District Registry of Deeds: uid thé Warranty Deed recorded at Book 7102, Page. 120’at the Hampshire District Registry of | Deeds. Ag’of the date of this tioticé, an account of'said contract 'is as ‘follows: 1, contract price: Unit Price Contract to supply materials; ($1.1,137.38 sold to date) 2: agreed change orders: . $0.00 (indiéate whether addition or subtraction) (neither addition.or subtraction) 3, pending change ordets: $0.00 . . (indicate whether. addition or subitaction) (neither'addition or subtraction) 4. disputed claims: $0.00, (indicate ‘whether-addition or subtraction) (neither‘addition ot subtraction) 5. payments reccived: $9.00 6258826:2The regular mailing address of the party recording or filing this notice is as follows: HD Supply Waterworks, LTD., 1830 Craig Park Court, St. Louis, Missouri 63146. HD Supply Waterworks, LTD. ra a { i (¥ Phefesa Kerkhoff Its Director, Credit and Collections Duly Authorized STATE OF MISSOURI ) ) ss: COUNTY OF ST. LOUIS) OneAbccl 2ol Sbu'?_, then personally appeared before me the above-named Theresa Kerkhoff, Director. Credit and Collections, of HD Supply Waterworks. LTD., signer of the foregoing Notice of Subcontract, and, being duly sworn, made solemn oath to the truth of the foregoing Notice of Subcontract and acknowledged the execution of the foregoing instrument to be her free act and deed in such capacity and the free act and deed of said company. Piaetn VY. Notary Public #07 2]in A/S TE. ‘Commission St. Loui 62588262 2Leama TET er 10 ‘™ Complete items 1, 2, and 3, Also complete. item 4 if Restricted Delivery is desired ‘™ Print your name and address on the reverse 5 : < A) O Addressee So that we carrretumn the-card to you. EN Recta 'Narhe) 7 M Attach this card to the back of tha mailplece, by (Penta oy Nery or on the-front if space permits, $Y ~/T D. Is.delivery address diferent from tem 1? LI Yes EYES, enter delivery address belows. 1 No 4. Restricted Delivery? (Extra Fee) O yes 2. Atticle Number i : 7 : Ganstertonsenconcey |_?023 4700 0001 5533 2247 = ya Wet ieremeseciee PS Form 3811,February 2004 _ . Domestio Retun Receipt. __ MOBBSO2 MBA Mees ase DELIVERY 701. fabey 31710 o001 5533 ; 1 | PS Form 3811, February 2008 Domestic Retum Receipt 2533 2230 2 102596-08 Nte%0;Exhibit “C”Bk: 12684 Pg: 265 veges Bk: 12681Pg: 266 Page: 1of2 Recorded: 03/27/2017 02:24 PM STATEMENT OF ACCOUNT MG. L. c. 254, § 8 Notice is hereby given that pursuant to a written contract dated on or about October 7, 2016, between GML Construction, Inc., contractor (or subcontractor), and HD Supply Waterworks, LTD., subcontractor (or sub-subcontractor), the following is a just and true account of the amount due HD Supply Waterworks, LTD., including credits, for labor and material furnished in the erection, operation, repair or removal of the building, structure or other improvement by GML Construction, Inc. and/or The Associated Construction Company, as contractor, for Berkshire Hills Music Academy, Inc., owner, of the lot of land or other interest in real property described as follows: “The buildings and the land situated in Town of South Hadley, County of Hampshire and Commonwealth of Massachusetts commonly known as 48 Woodbridge Street and 10 Meadow Lane and more fully described in the Quitclaim Deed recorded at Book 6023, Page 27 at the Hampshire District Registry of Deeds, and in the Warranty Deed recorded at Book 7102, Page 120 at the Hampshire District Registry of Deeds. As of the date of this Statement, a just and true account of ‘said contract indicates that $11,137.38 is due and unpaid to the undersigned as follows: 1, Contract amount Agreed change orders . Less previous payments Subtotal Disputed claims and extras Balance Due ayer 6357450.1 Unit Price Contract to Supply materials ($11,137.38 sold to date) $0.00 $0.00 $11,137.38 $0.00 $11,137.38Bk: 12581 Pg: 266 The owner of said land is Berkshire Hills Music Academy, Inc., with an address of 48 4 Woodbridge Street, South Hadley, Massachusetts 01075. i HD Supply Waterworks, LTD, | 1830 Craig Park Court St. Louis, Missouri 63146 Its Director, Credit and Collection: Duly Authorized STATE OF MISSOURI ) ) ss: COUNTY OF ST. LOUIS ) On 3 Gar | iP , then personally appeared before me the above-named Dhte Theresa Kerkhoff, Director, Credit and Collections, of HD ly Waterworks, LTD., signer of the foregoing Statement of Account, and, being duly sworn, made solemn oath to the truth of this instrument and acknowledged the execution of the foregoing instrument to be her free act and deed in such capacity and the free act and deed of said company. nullity, RK we 2 Tramw Notary Public My Commission Expires: 2-27-2020 “Ss Pub = NOTARY 2 % coin Oe o ning SS “iy, OF WISH “Marais Reference: Notice of Subcontract recorded on March 3, 2017 in Book 12566, Page 49. : fom 3 rast yuitt oo" ss y MY 6357450.1Exhibit “D”a GOLDBERG SEGALLA™ Scott S. Orenstein | Partner Direct 860.760.3317 | sorenstein@goldbergsegalla.com NOTICE TO OWNER March 28, 2017 Berkshire Hills Music Academy, Inc. 48 Woodbridge Street South Hadley, MA 01075 Via Certified Mail/Return Receipt Requested #7014 3490 0002 3531 2567 - Berkshire Hills Music Academy, Inc. 9 Monadnock Road Wellesley, MA 02481 Via Certified Mail/Retum Receipt Requested #7014 3490 0002 3531 2574 Re: Notice of Contract — 48 Woodbridge Street and 10 Meadow Lane, South Hadley, MA This firm represents HD Supply Waterworks, LTD. If you are represented by counsel, please forward this correspondence to them. Enclosed please find a copy of the recorded Statement of Account pertaining to 48 Woodbridge Street and 10 Meadow Lane, South Hadley, MA that was recorded on March 27, 2017 in Book © 12581 at Page 265 of the Hampshire County Registry of Deeds. Sincerely, Scott Orenstein Enclosures ce: GML Construction, Inc. 20 Cottage Avenue Wilbraham, MA 01095 Via Certified Mail/Return Receipt Requested #7013 1710 0001 5533 3398 The Associated Construction Company 1010 Wethersfield Avenue Suite 206 Hartford, CT 06114 Via Certified Mail/Return Receipt Requested #7013 1710 0001 5533 3404 100 Pearl Street, Suite 1100 | Hartford, CT 06103-4506 | 860.760.3300 | Fax 860.760.3301 | www.GoldbergSegalla.com New YoRk | ILLINOIS | FLORIDA | MARYLAND | Missour! | NORTH CAROLINA | PENNSYLVANIA | NeW JERSEY| CONNECTICUT | UNITED KINGDOM 6407205.1Bk: 12581 Pg: 265 mee Bk: 12581Pg: 285 Page: 1 of 2 Recorded: 03/27/2017 02:24 PM STATEMENT OF ACCOUNT MG. L. c. 254, § 8 Notice is hereby given that pursuant to a written contract dated on or about October 7, 2016, between GML Construction, Inc., contractor (or subcontractor), and HD Supply Waterworks, LTD., subcontractor (or sub-subcontractor), the following is a just and true account of the amount due HD Supply Waterworks, LTD., including credits, for labor and material furnished in the erection, operation, repair or removal of the building, structure or other improvement by GML Construction, Inc. and/or The Associated Construction Company, as contractor, for Berkshire Hills Music Academy, Inc., owner, of the lot of land or other interest in real property described as follows: The buildings and the land situated in Town of South Hadley, County of Hampshire and Commonwealth of Massachusetts commonly known as 48 Woodbridge Street and 10 Meadow Lane and more fully described in the Quitclaim Deed recorded at Book 6023, Page 27 at the Hampshire District Registry of Deeds, and in the Warranty Deed recorded at Book 7102, Page 120 at the Hampshire District Registry of Deeds. As of the date of this Statement, a just and true account of said contract indicates that $11,137.38 is due and unpaid to the undersigned as follows: 1, Contract amount : Unit Price Contract to Supply materials ($11,137.38 sold to date) 2.. Agreed change orders $0.00 3. Less previous payments $0.00 4. Subtotal $11,137.38 5. Disputed claims and extras $0.00 6. Balance Due $11,137.38 6357450.1Bk: 12581 Pg: 266 The owner of said land is Berkshire Hills Music Academy, Inc., with an address of 48 Woodbridge Street, South Hadley, Massachusetts 01075. HD Supply Waterworks, LTD. 1830 Craig Park Court St. Louis, Missouri 63146 Theresa KerkhOtf Its Director, Credit and Collections Duly Authorized STATE OF MISSOURI ) ) ss: COUNTY OF ST. LOUIS ) | \7 then personally appeared before me the above-named Theresa Kerkhoff. Director, Credit and Collections, of HD Supply Waterworks, LTD., signer of the foregoing Statement of Account, and, being duly sworn, made solemn oath to the truth of this instrument and acknowledged the execution of the foregoing instrument to be her free act and deed in such capacity and the free act and deed of said company. ny A. eh Main, Mee G 2S sow & 2 Notary Public = 3 comitsoy &: = My Commission Expires: _ ~27-2020 3% § o %, gegpisrin & § %, RIES Reference: Notice of Subcontract recorded on March 3, 2017 in Book 12566, Page 49. 6357450.1needa HD SUPPLY / GML 7625.01 Nolice- 009 eon -p 0 Corttied Feo tutn Rece! tun Reo ets Résticted Delivery Fee. Endorsement Requites) otal Postage & Fess | S 7014 an ‘353 25b7 Print your name and ‘address on’ the’ Teverse: so that we can return'the catd | Attach this card to the back of the maiplecs, of ofthe front if space’ permits: : 'G. Date:of Delivery ee has 1D, Is delivery address difefent from item 17-11 Yes. EYES, enter delivery address bel 4: Rested Deen? Gere Fee) O resistere ‘Return cl to Mcheadin | Cr insufed Mall): E-C.0.0e: DOves: 102595-02- M4540; + Statement OF Proud DM GtD7205—