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Even When The Work Goes Unfinished, Mechanical Systems Uses Courts To Collect

Most companies don’t rely on the courts to act as a collection agency.

Mechanical Systems of Dayton, Ohio has no problem relying on the courts to try to wrestle money out of its customers, even though they don’t always complete the work they were hired to perform.

Three lawsuits filed by Mechanical Systems of Dayton, Ohio in the 1990’s also involved the federal government.

These lawsuits were filed even though in two cases Mechanical Systems of Dayton, Ohio never completed the jobs.

In 1990, Mechanical Systems of Dayton sued the Highland Corporation of Cincinnati, Ohio, Safeco Insurance Company of Seattle, Wash., and the administrator of the federal Small Business Administration.

Mechanical Systems of Dayton was hired to remove asbestos and old piping and to install a back-flow preventer at Wright-Patterson Air Force Base in Ohio.

Although the company acknowledged in its legal filing that almost 10 percent of the work went uncompleted, it still sought payment from the plaintiffs. The judge dismissed the lawsuit.

A second lawsuit arising from work at Wright-Patterson Air Force Base in 1990, this one claiming that Mechanical Systems had not been paid by Nationwide Roofing and Sheet Metal Inc., was filed by Mechanical Systems of Dayton, although it admitted in its legal documents that it had performed only 75 percent of the job it had been hired to perform. That lawsuit was dismissed as well.

In 1994, Mechanical Systems of Dayton sued Dawkins General Contractors & Supply Company of Ohio over a restroom restoration project at Wright Patterson Air Force Base, alleging it had been underpaid about $5,000. As in the other cases, the lawsuit was dismissed.

Latest Mechanical Lawsuit Names Federal Government Defendant

In the most recent of a string of lawsuits filed by the company, Mechanical Systems of Dayton in September of 2000 sued Ohio-based USA Asbestos Removal Co., Inc. and Eico Mechanical Contractors, along with the Universal Bonding Insurance Company of New Jersey.

A subcontractor on a job to construct a base supply complex at the Springfield Air National Guard Base in Springfield, Ohio, Mechanical Systems of Dayton filed allegations of breach of contract, unjust enrichment and violation of Ohio’s Prompt Pay Act in its attempt to recover $17,000 it claims it was owed by the three companies.

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