This case was last updated from PACER on 10/16/2021 at 06:58:52 (UTC).

DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC v. MCN BUILD, INC.

Case Summary

On September 27, 2021, Z-Modular, LLC (“Plaintiff”), represented by Evan M. Mannering of Baker & Hostetler LLP, filed a contract lawsuit against MCN Build, Inc. (“Defendant”), seeking monetary relief, prejudgment interest and other reliefs for the alleged breach of contract by the Defendant. This case was filed in U.S. District Court in the District of Columbia  with Judge Richard J. Leon presiding.

 

In the complaint, the Plaintiff alleged that, “In or before May 2017, Defendant MCN contracted with the District of Columbia to build two multi-family housing developments” and “MCN and Z-Modular negotiated the terms of agreements whereby Z-Modular would provide modular units for the Ward 7 Project and the Ward 8 Project.” The Plaintiff then alleged that, “On or around July 13, 2017, MCN’s Senior Project Manager, Frank Lefler, sent Z-Modular letters of intent for the Ward 7 Project and the Ward 8 Project. These letters authorized Z-Modular to commence with the design, engineering and construction of multifamily housing units for the Ward 7 Project and the Ward 8 Project.” 

 

The Plaintiff further alleged that, “MCN forwarded a Delay Notice to Z-Modular withrespect to the Ward 7 Project. Even though Z-Modular had only been formally working on the Ward 7 Project for approximately one month, MCN notified Z-Modular that it was “behind schedule and in jeopardy of threatening the project critical path” and “Notwithstanding this uncertainty, MCN’s co-founder and Vice-President of Operations, Bassem Boustany, assured Z-Modular that MCN would cover any costs incurred by Z-Modular in expediting and finishing its scope. Mr. Boustany directed Z-Modular to do whatever was necessary to complete its scope.” 

 

The Plaintiff also alleged that, “MCN breached the Ward 7 Agreement in that MCN failed and refused to pay Z-Modular in full for labor, services and materials furnished in the prosecution of the work provided pursuant to the Ward 7 Agreement” and “MCN breached the Ward 8 Agreement in that MCN failed and refused to pay Z-Modular in full for labor, services and materials furnished in the prosecution of the work provided pursuant to the Ward 8 Agreement.” The Plaintiff then alleged that, “MCN failed and refused to pay Z-Modular for the labor, services and materials provided in connection with the Ward 7 Project” and “MCN failed and refused to pay Z-Modular for the labor, services and materials provided in connection with the Ward 8 Project.”

 

There are four claims of relief laid down by the Plaintiff. The first claim alleged is for breach of contract - Ward 7 Agreement. The second claim alleged is for breach of contract - Ward 8 Agreement. The third claim alleged is for quantum meruit - Ward 7 Project and the fourth claim alleged is for quantum meruit - Ward 8 Project. 

 

In its prayer for relief, the Plaintiff requested the Court for a judgement against the Defendants MCN, Zurich, and Fidelity in the amount of $6,535,111.47, with prejudgment interest and/or interest under the Ward 7 Agreement and the Ward 8 Agreement and costs of this action.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-02511

  • Filing Date:

    09/27/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

Judge Details

Presiding Judge

Richard J. Leon

 

Party Details

Plaintiff

DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC

Defendant

MCN BUILD, INC.

Attorney/Law Firm Details

Plaintiff Attorney

Evan M. Mannering

Attorney at BAKER & HOSTETLER LLP

1050 Connecticut Avenue, Nw, Suite 1100

Washington, DC 20036

 

Court Documents

#4

(#4) WAIVER OF SERVICE. MCN BUILD, INC. waiver sent on 9/27/2021, answer due 11/26/2021. (Mannering, Evan) (Entered: 09/30/2021)

3 #1

Notice and Consent

3 #3

Main Document

#2

(#2) NOTICE OF RELATED CASE by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. Case related to Case No. 18-cv-02947-RJL. (znmg) (Entered: 09/29/2021)

1 #3

Related Case Form

1 #2

Summons

1 #1

Civil Cover Sheet

1 #1

Main Document

 

Docket Entries

  • 09/30/2021
  • View Court Documents
  • Docket(#4) WAIVER OF SERVICE. MCN BUILD, INC. waiver sent on 9/27/2021, answer due 11/26/2021. (Mannering, Evan) (Entered: 09/30/2021)

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  • 09/29/2021
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  • Docket(#3) SUMMONS (1) Issued Electronically as to MCN BUILD, INC.. (Attachment: #1 Notice and Consent)(znmg) (Entered: 09/29/2021)

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  • 09/29/2021
  • DocketCase Assigned to Judge Richard J. Leon. (znmg) (Entered: 09/29/2021)

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  • 09/27/2021
  • View Court Documents
  • Docket(#2) NOTICE OF RELATED CASE by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. Case related to Case No. 18-cv-02947-RJL. (znmg) (Entered: 09/29/2021)

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  • 09/27/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against MCN BUILD, INC. with Jury Demand ( Filing fee $ 402 receipt number ADCDC-8761011) filed by DISTRICT OF COLUMBIA FOR THE USE AND BENEFIT OF Z-MODULAR, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Related Case Form)(Mannering, Evan) (Entered: 09/27/2021)

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