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COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss. SUPEROR COURT DEPARTMENT
CIVIL ACTION NO.
ELECTRIC SUPPLY CENTER CORP.,
Plaintiff,
v.
9/29/2021
A&S ELECTRICAL LLC, NEI GENERAL
CONTRACTING, and MISSION HILL P25
PH1A LIMITED PARTNERSHIP,
Defendants.
COMPLAINT
Introduction
1. This is an action to enforce a mechanic’s lien pursuant to G. L. c. 254 commenced
by a supplier against a subcontractor, general contractor and owner of property known as 1
Gurney Street, in Boston, County of Suffolk, Massachusetts concerning a substantial
construction project.
Parties
1. The Plaintiff, Electric Supply Center Corp. (hereinafter “Plaintiff” and/or “ESC”),
is a Massachusetts Corporation duly organized and authorized to do business in the
Commonwealth of Massachusetts with a usual place of business located at 200 Middlesex
Turnpike, Burlington, Middlesex County, Massachusetts, 01803.
2. The Defendant, A&S Electrical LLC (“A&S”), according to the records of the
Secretary of the Commonwealth, is a Massachusetts Limited Liability Corporation with a
principal place of business located at 4 Wheatland Street, Peabody, MA 01960.
3. The Defendant, NEI General Contracting, Inc. (“NEI”), according to the records
of the Secretary of the Commonwealth, is a Massachusetts Domestic Corporation with a
principal place of business located at 27 Pacella Park Drive, Randolph, MA 02368.
4. The Defendant, Mission Hill P25 PH1A Limited Partnership, (“MHPP”),
according to the records of the Secretary of the Commonwealth, is a Massachusetts Limited
Partnership with a principal office located at 1620 Tremont Street, M Level, Boston, MA 02120
and is the owner of real estate located at 1 Gurney Street, Boston, County of Suffolk,
Commonwealth of Massachusetts, pursuant to a deed recorded with the Suffolk County Registry
of Deeds dated April 15, 2016 in Book 56020, Page 154 (collectively, the “Property”).
5. Upon information and belief, MHPP, entered into a written contract with NEI to
construct a condominium development at 1 Gurney Street, Boston, County of Suffolk,
Massachusetts (“Project”).
6. NEI with the express permission from MHPP, in turn, contracted with A&S to
provide electrical contracting services for the Project at the Property.
7. A&S, in turn, contracted with ESC to supply goods and/or materials to it for the
use and benefit of the Project at the Property.
Jurisdiction/Venue
8. This Court has jurisdiction over this matter. Pursuant to G.L. c. 254, § 5, a civil
action to enforce a mechanic’s lien must be brought in Superior Court in the county in which
such land lies or in the District Court in the judicial district in which such land lies.
Statement of Facts
9. A&S entered into a written agreement with ESC (“Agreement”) and, thereby,
agreed to pay for goods and/or materials furnished to A&S or on its behalf by ESC. Pursuant to
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the Agreement, all payments were due within thirty (30) days and A&S agreed to pay a two
percent (2%) service charge per month, or the maximum rate permitted by law, on all balances
unpaid for a period of thirty (30) days. A&S agreed to pay all costs of collection, including
reasonable attorney fees.
10. On numerous dates from February through April 2021, ESC furnished goods
and/or materials to or for the benefit of the Defendants at the request of A&S, or on its behalf in
connection with the Project. For each instance where ESC supplied goods and/or materials to the
Project, a representative of A&S inspected and accepted the goods and/or materials.
11. Shortly after delivery on the above-referenced dates, ESC issued invoices to A&S
requesting payment for the goods and/or materials delivered for the Project.
12. Pursuant to the Agreement, any dispute regarding goods and/or materials supplied
for the Project had to be made at the time of delivery. ESC did not receive any complaints or
objections concerning the goods and/or materials supplied for the Project which have not been
paid for. Accordingly, A&S agreed to pay the invoiced amounts, which remain outstanding and
currently due. The principal debt (exclusive of interest and collection costs) due and outstanding
as of July 14, 2021 was One Hundred Eighty Thousand Nine Hundred Fifty-Nine and 26/100
Dollars ($180,959.26).
13. On or about July 15, 2021, in accordance with and within the time prescribed by
G.L. c. 254, § 4, ESC recorded a Notice of Contract in the Suffolk County Registry of Deeds in
Book 65890, Page 265 (“Notice of Contract”). A copy of the Notice of Contract is attached
hereto and incorporated herein as Exhibit A. Actual notice of the recording of said Notice of
Contract was provided to all of the Defendants via Certified Mail, return receipt requested, and
first-class mail, postage pre-paid.
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14. Also on or about July 15, 2021, in accordance with and within the time prescribed
by G.L. c. 254, § 8, ESC recorded a Statement of Account in Suffolk County Registry of Deeds
in Book 65890, Page 269 (“Statement of Account”). A copy of the Statement of Account is
attached hereto and incorporated herein as Exhibit B. Actual notice of the recording of said
Statement of Account was provided to all of the Defendants via Certified Mail, return receipt
requested, and first-class mail, postage pre-paid.
Cause of Action
Count I – Enforcement of Mechanic’s Lien
15. The Plaintiff repeats and realleges the allegations set forth in paragraphs 1
through 14 as if fully set forth herein.
16. This claim is being filed within the time prescribed by G.L. c. 254, § 11.
17. All conditions precedent to the maintenance of the claim to enforce the Plaintiff’s
mechanic’s lien pursuant to G.L. c. 254 have been complied with.
18. The Plaintiff is entitled to a lien pursuant to G.L. c. 254 upon the Property to
secure monies owed to the Plaintiff for goods and/or materials supplied for the Project at the
Property.
Count II – Breach of Contract
19. The Plaintiff repeats and realleges the allegations set forth in paragraphs 1
through 18 as if fully set forth herein.
20. The Plaintiff and A&S entered into a binding and enforceable contract.
21. A&S has breached the contract by failing, refusing and/or neglecting to pay
Plaintiff monies for goods and/or materials supplied in accordance with the terms of the
Agreement.
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22. As a result of A&S’s breach of contract, the Plaintiff has suffered damages.
Count III – Quantum Meruit
23. The Plaintiff repeats and realleges the allegations set forth in paragraphs 1
through 22 as if fully set forth herein.
24. The Plaintiff provided goods and/or materials to A&S for use in the Project at the
Property in good faith and is entitled to the full value of the goods and/or materials supplied to
A&S. A&S accepted the goods and/or materials provided by the Plaintiff with the expectation of
compensating the Plaintiff, and the Plaintiff provided the goods and/or materials to A&S with the
reasonable expectation of receiving compensation from A&S.
25. The Plaintiff is entitled to recovery based upon quantum meruit.
Count IV – Unjust Enrichment
26. The Plaintiff repeats and realleges the allegations of paragraphs 1 through 25
above as if fully set forth herein.
27. The Defendants have retained a benefit due to the goods and/or materials provided by the
Plaintiff for which the Plaintiff has not been paid, and therefore the Defendants have been unjustly
enriched.
28. In that the Defendants have been unjustly enriched, as a matter of equity, the Plaintiff is
entitled to the value of the benefit retained by the Defendants.
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WHEREFORE, the Plaintiff, Electric Supply Center Corp., prays this Honorable Court
to:
a. Enter Judgment in favor of the Plaintiff in the amount to be proved at trial, plus
interest, costs and reasonable attorney’s fees and determine that the mechanic’s lien on the
Property has been established in accordance with G.L. c. 254;
b. Order the sale of the Defendant, MHPP’s property located at 1 Gurney Street, in
Boston, County of Suffolk, Commonwealth of Massachusetts, in accordance with G.L. c. 254,
and further order that the proceeds from said sale be applied to satisfy the Judgment in favor of
the Plaintiff, along with interest, costs and reasonable attorneys’ fees; and
c. Enter Judgment in favor of the Plaintiff against the Defendants for damages
pursuant to Counts II through IV, plus interest, costs and reasonable attorney’s fees; and
d. Grant such other relief this Court deems just and appropriate.
ELECTRIC SUPPLY CENTER CORP.,
By its attorneys,
RUDOLPH FRIEDMANN LLP
/s/ Robert P. Rudolph
Date: September 29, 2021. _________________________________
James L. Rudolph, BBO # 433580
Robert P. Rudolph, BBO # 684583
Rudolph Friedmann LLP
92 State Street
Boston, MA 02109
(617) 723-7700
JRudolph@RFLawyers.com
RRudolph@RFLawyers.com
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EXHIBIT A
EXHIBIT B
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COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPEROR COURT DEPARTMENT CIVIL ACTION NO. ELECTRIC SUPPLY CENTER CORP., Plaintiff, v. 9/29/2021 A&S ELECTRICAL LLC, NEI GENERAL CONTRACTING, and MISSION HILL P25 PH1A LIMITED PARTNERSHIP, Defendants. COMPLAINT Introduction 1. This is an action to enforce a mechanic’s lien pursuant to G. L. c. 254 commenced by a supplier against a subcontractor, general contractor and owner of property known as 1 Gurney Street, in Boston, County of Suffolk, Massachusetts concerning a substantial construction project. Parties 1. The Plaintiff, Electric Supply Center Corp. (hereinafter “Plaintiff” and/or “ESC”), is a Massachusetts Corporation duly organized and authorized to do business in the Commonwealth of Massachusetts with a usual place of business located at 200 Middlesex Turnpike, Burlington, Middlesex County, Massachusetts, 01803. 2. The Defendant, A&S Electrical LLC (“A&S”), according to the records of the Secretary of the Commonwealth, is a Massachusetts Limited Liability Corporation with a principal place of business located at 4 Wheatland Street, Peabody, MA 01960. 3. The Defendant, NEI General Contracting, Inc. (“NEI”), according to the records of the Secretary of the Commonwealth, is a Massachusetts Domestic Corporation with a principal place of business located at 27 Pacella Park Drive, Randolph, MA 02368. 4. The Defendant, Mission Hill P25 PH1A Limited Partnership, (“MHPP”), according to the records of the Secretary of the Commonwealth, is a Massachusetts Limited Partnership with a principal office located at 1620 Tremont Street, M Level, Boston, MA 02120 and is the owner of real estate located at 1 Gurney Street, Boston, County of Suffolk, Commonwealth of Massachusetts, pursuant to a deed recorded with the Suffolk County Registry of Deeds dated April 15, 2016 in Book 56020, Page 154 (collectively, the “Property”). 5. Upon information and belief, MHPP, entered into a written contract with NEI to construct a condominium development at 1 Gurney Street, Boston, County of Suffolk, Massachusetts (“Project”). 6. NEI with the express permission from MHPP, in turn, contracted with A&S to provide electrical contracting services for the Project at the Property. 7. A&S, in turn, contracted with ESC to supply goods and/or materials to it for the use and benefit of the Project at the Property. Jurisdiction/Venue 8. This Court has jurisdiction over this matter. Pursuant to G.L. c. 254, § 5, a civil action to enforce a mechanic’s lien must be brought in Superior Court in the county in which such land lies or in the District Court in the judicial district in which such land lies. Statement of Facts 9. A&S entered into a written agreement with ESC (“Agreement”) and, thereby, agreed to pay for goods and/or materials furnished to A&S or on its behalf by ESC. Pursuant to 2 the Agreement, all payments were due within thirty (30) days and A&S agreed to pay a two percent (2%) service charge per month, or the maximum rate permitted by law, on all balances unpaid for a period of thirty (30) days. A&S agreed to pay all costs of collection, including reasonable attorney fees. 10. On numerous dates from February through April 2021, ESC furnished goods and/or materials to or for the benefit of the Defendants at the request of A&S, or on its behalf in connection with the Project. For each instance where ESC supplied goods and/or materials to the Project, a representative of A&S inspected and accepted the goods and/or materials. 11. Shortly after delivery on the above-referenced dates, ESC issued invoices to A&S requesting payment for the goods and/or materials delivered for the Project. 12. Pursuant to the Agreement, any dispute regarding goods and/or materials supplied for the Project had to be made at the time of delivery. ESC did not receive any complaints or objections concerning the goods and/or materials supplied for the Project which have not been paid for. Accordingly, A&S agreed to pay the invoiced amounts, which remain outstanding and currently due. The principal debt (exclusive of interest and collection costs) due and outstanding as of July 14, 2021 was One Hundred Eighty Thousand Nine Hundred Fifty-Nine and 26/100 Dollars ($180,959.26). 13. On or about July 15, 2021, in accordance with and within the time prescribed by G.L. c. 254, § 4, ESC recorded a Notice of Contract in the Suffolk County Registry of Deeds in Book 65890, Page 265 (“Notice of Contract”). A copy of the Notice of Contract is attached hereto and incorporated herein as Exhibit A. Actual notice of the recording of said Notice of Contract was provided to all of the Defendants via Certified Mail, return receipt requested, and first-class mail, postage pre-paid. 3 14. Also on or about July 15, 2021, in accordance with and within the time prescribed by G.L. c. 254, § 8, ESC recorded a Statement of Account in Suffolk County Registry of Deeds in Book 65890, Page 269 (“Statement of Account”). A copy of the Statement of Account is attached hereto and incorporated herein as Exhibit B. Actual notice of the recording of said Statement of Account was provided to all of the Defendants via Certified Mail, return receipt requested, and first-class mail, postage pre-paid. Cause of Action Count I – Enforcement of Mechanic’s Lien 15. The Plaintiff repeats and realleges the allegations set forth in paragraphs 1 through 14 as if fully set forth herein. 16. This claim is being filed within the time prescribed by G.L. c. 254, § 11. 17. All conditions precedent to the maintenance of the claim to enforce the Plaintiff’s mechanic’s lien pursuant to G.L. c. 254 have been complied with. 18. The Plaintiff is entitled to a lien pursuant to G.L. c. 254 upon the Property to secure monies owed to the Plaintiff for goods and/or materials supplied for the Project at the Property. Count II – Breach of Contract 19. The Plaintiff repeats and realleges the allegations set forth in paragraphs 1 through 18 as if fully set forth herein. 20. The Plaintiff and A&S entered into a binding and enforceable contract. 21. A&S has breached the contract by failing, refusing and/or neglecting to pay Plaintiff monies for goods and/or materials supplied in accordance with the terms of the Agreement. 4 22. As a result of A&S’s breach of contract, the Plaintiff has suffered damages. Count III – Quantum Meruit 23. The Plaintiff repeats and realleges the allegations set forth in paragraphs 1 through 22 as if fully set forth herein. 24. The Plaintiff provided goods and/or materials to A&S for use in the Project at the Property in good faith and is entitled to the full value of the goods and/or materials supplied to A&S. A&S accepted the goods and/or materials provided by the Plaintiff with the expectation of compensating the Plaintiff, and the Plaintiff provided the goods and/or materials to A&S with the reasonable expectation of receiving compensation from A&S. 25. The Plaintiff is entitled to recovery based upon quantum meruit. Count IV – Unjust Enrichment 26. The Plaintiff repeats and realleges the allegations of paragraphs 1 through 25 above as if fully set forth herein. 27. The Defendants have retained a benefit due to the goods and/or materials provided by the Plaintiff for which the Plaintiff has not been paid, and therefore the Defendants have been unjustly enriched. 28. In that the Defendants have been unjustly enriched, as a matter of equity, the Plaintiff is entitled to the value of the benefit retained by the Defendants. 5 WHEREFORE, the Plaintiff, Electric Supply Center Corp., prays this Honorable Court to: a. Enter Judgment in favor of the Plaintiff in the amount to be proved at trial, plus interest, costs and reasonable attorney’s fees and determine that the mechanic’s lien on the Property has been established in accordance with G.L. c. 254; b. Order the sale of the Defendant, MHPP’s property located at 1 Gurney Street, in Boston, County of Suffolk, Commonwealth of Massachusetts, in accordance with G.L. c. 254, and further order that the proceeds from said sale be applied to satisfy the Judgment in favor of the Plaintiff, along with interest, costs and reasonable attorneys’ fees; and c. Enter Judgment in favor of the Plaintiff against the Defendants for damages pursuant to Counts II through IV, plus interest, costs and reasonable attorney’s fees; and d. Grant such other relief this Court deems just and appropriate. ELECTRIC SUPPLY CENTER CORP., By its attorneys, RUDOLPH FRIEDMANN LLP /s/ Robert P. Rudolph Date: September 29, 2021. _________________________________ James L. Rudolph, BBO # 433580 Robert P. Rudolph, BBO # 684583 Rudolph Friedmann LLP 92 State Street Boston, MA 02109 (617) 723-7700 JRudolph@RFLawyers.com RRudolph@RFLawyers.com 6 EXHIBIT A EXHIBIT B