EAST ST. LOUIS - A solar company is suing a construction company's insurer alleging work on its Kern A Community Solar project was delayed.
Inovateus Solar, LLC filed a federal lawsuit on Dec. 23 in the U.S. District Court for the Southern District of Illinois against QBE Insurance Corporation, alleging breach of contract.
According to the lawsuit, on June 17, 2020, Inovateus as the “contractor” and Kern A Community Solar LLC as the “owner” entered into an Engineering Procurement and Construction Contract for the design, engineering, procurement, and general contractor services for a solar power construction project at 15124 IL-149 in West Frankfort, Ill. Inovateus entered into a contract with Catalyst Modern Energy to perform certain construction-related work. According to the contract, Catalyst was listed as the principal while QBE was listed as the obligor.
Then on Dec. 23, Inovateus filed an arbitration complaint with the American Arbitration Association alleging breach of contract, breach of warranty, negligence, and breach of the payment bond and performance bond. The arbitration complaint was filed for alleged delays in finishing the project due to liens not being removed in time, unpaid contract totals per agreement and retainment of a replacement contractor.
Inovateus seeks damages for the remaining contract balance of $535,423.16, $871,818.49 in payments, $20,039.00 for additional costs and expenses, $298,744.68 in liquidated damages, $60,742.78 incurred to resolve claims and $76,248.18 in legal fees and expenses. Inovateus is represented by Paul Olszowka of Barnes & Thornburg LLP in Chicago.
U.S. District Court Southern District of Illinois case number 3:21-cv-01746-SPM