Carl T. Madsen, Inc. v. ABB, Inc. et al

Filing 174

ORDER granting the 111 MOTION to Compel Release of Retainage. Signed by Magistrate Judge Karen L Strombom. (CMG)

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v. ABB INC., a Delaware corporation; and MWH CONSTRUCTORS, INC., a Delaware corporation, Defendants. ABB INC., a Delaware corporation, Third-Party Plaintiff, v. CITY OF TACOMA; FIDELITY AND DEPOSIT COMPANY OF MARYLAND; and ZURICH AMERICAN INSURANCE COMPANY, Third-Party Defendants. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA CARL T. MADSEN, INC., d/b/a MADSEN ELECTRIC, a Washington corporation, Plaintiff,

The Honorable Karen L. Strombom NO. 08-CV-05596-KLS ORDER GRANTING PLAINTIFF MADSEN ELECTRIC'S MOTION TO COMPEL RELEASE OF RETAINAGE

ORDER GRANTING PLAINTIFF MADSEN ELECTRIC'S MOTION TO COMPEL RELEASE OF RETAINAGE ­ 1
105780.1 (#100056.3)

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denied.

THIS MATTER came before the Court on the Motion of Plaintiff Carl T. Madsen, d/b/a Madsen Electric ("Madsen Electric") to compel Defendant MWH Constructors, Inc. ("MWH") to release the retainage it withheld from Madsen for work on the Tacoma Central Treatment Plant Upgrade and Expansion Project ("Project") pursuant to RCW 60.28.011. The Court having considered that Motion and its supporting Declarations and exhibits, and having considered all materials submitted in opposition thereto, the Court hereby orders as follows: 1. Defendant MWH shall immediately pay Madsen Electric the principal

sum of $408,740.66, plus all additional retainage withheld from Madsen Electric on the Project pursuant to RCW 60.28.011. In the event Madsen Electric and MWH cannot agree on the amount of any additional retainage withheld over and above $408,740.66, they may apply to the Court to resolve their differences. 2. Within 10 days of the date of this Order, MWH shall submit an

accounting to Madsen Electric of the interest earned on the $408,740.66 amount referred to in paragraph 1, and on any additional sum over and above $408,740.66, that is agreed upon, and shall pay such interest to Madsen Electric. 3. Madsen Electric's requests for additional interest and attorneys' fees are

DATED this 14th day of September, 2010.

A
ORDER GRANTING PLAINTIFF MADSEN ELECTRIC'S MOTION TO COMPEL RELEASE OF RETAINAGE ­ 2
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Karen L. Strombom United States Magistrate Judge

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Presented by: AHLERS & CRESSMAN PLLC

By:

Paul R. Cressman, Jr., WSBA #7128 Douglas R. Roach, WSBA #21127 Ryan W. Sternoff, WSBA #37021 Attorneys for Carl T. Madsen, Inc., d/b/a Madsen Electric

ORDER GRANTING PLAINTIFF MADSEN ELECTRIC'S MOTION TO COMPEL RELEASE OF RETAINAGE ­ 3
105780.1 (#100056.3)