The United States of America, for the use and benefit of The New IEM, LLC v. Tri-Technic, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

THE UNITED STATES OF AMERICA, Case No. 20-cv-01505-VC

FOR THE USE AND BENEFIT OF THE

NEW IEM, LLC, et al.,

ORDER GRANTING MOTION TO

Plaintiffs, COMPEL v. Re: Dkt. No. 9

TRI-TECHNIC, INC., et al., Defendants.

This action arises from a dispute between IEM, Tri-Technic, and Argonaut Insurance over payment due under a subcontract for a project authorized by the Department of Energy. IEM agreed to provide, among other things, switchgears and circuit breaker control panels to upgrade the SLAC National Accelerator Laboratory in Menlo Park, California. In its complaint, IEM (the subcontractor) sues Tri-Technic (the prime contractor) on theories of contract breach and quantum meruit. IEM also seeks to recover under the Miller Act on a payment bond delivered to the United States by Tri-Technic as principal and by Argonaut Insurance as surety. Because IEM cannot enforce a mechanic’s lien on the United States’ property, the bond secures IEM’s entitlement to be “paid in full within 90 days” of furnishing the last good or service. 40 U.S.C. § 3133(b)(1); see F. D. Rich Co. v. United…