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Stinger, creditor sued for payment

by Alan Lewis Gerstenecker
| December 5, 2012 11:30 AM

Stinger Welding, Inc., of Coolidge, Ariz., the bridge and span builder that has a manufacturing branch in Libby, has been sued by a creditor for the balance of $1.1 million in steel.

The lawsuit, filed in U.S. District Court in Chicago, names Stinger Welding, Inc., and Fisher Sand & Gravel Co. as defendants. The plaintiff is Evraz, Inc., of North America, the manufacturer of the steel.

Fisher Sand & Gravel is named in the suit because it is the guarantor of the payment. Fisher Sand & Gravel is incorporated in North Dakota.

According to the suit, Stinger sought steel for a project in Glendale, Ariz., and because of the scope of the project, Evraz  sought a guarantor for payment, which is when Fisher stepped in.

The suit alleges the original cost of the steel to be $1.140 million, and on March 26, Evraz received a guaranty of payment.

On Oct. 25, Fisher paid $280,402.20 to Evraz NA, but the balance of $860,345.83 is long overdue, the suit states.

Fisher Sand & Gravel also has failed to pay service charges stated in the contract, thus Evraz has filed the breach of contract against Stinger Welding.

The suit alleges Evraz has performed all of its obligations as stated in the contract, and it further states Evraz has suffered financially by the hardship of nonpayment.

The suit asks for the balance of payment, damages in the amount to be proven in trial, the incurred costs of the suit and such other and further relief as the court may deem as just and proper. The case is dated Nov. 1, and it was filed under Abrams & Abrams, attorneys for Evraz.

The Libby branch of Stinger Welding, Inc., is not named in this lawsuit, but the Libby bridge manufacturer has had its own challenges in meeting its creditors’ demands. Most recently, it has been hit with a federal tax lien for $134,000.

In September, the federal lien on Stinger Welding, Inc., was $341,846.25, according to Department of the Treasury documents.