mew Doc 913 Filed 07/14/17 Entered 07/14/17 17:16:19 Main Document Pg 1 of 16

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1 Pg 1 of 16 MILLER & MARTIN PLLC 1180 West Peachtree Street, NW Suite 2100 Atlanta, Georgia Telephone: (404) Facsimile: (404) Paul M. Alexander (Admitted Pro Hac Vice) Attorneys for Specialty Maintenance & Construction, Inc. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK X ) ) Chapter 11 In re ) WESTINGHOUSE ELECTRIC ) Case No (MEW) COMPANY LLC, et al., ) ) (Jointly Administered) Debtors. ) X NOTICE OF SPECIALTY MAINTENANCE & CONSTRUCTION, INC. OF PERFECTION OF MECHANIC S LIEN PURSUANT TO 11 U.S.C. 546(B)(2) UNDER SOUTH CAROLINA LAW Specialty Maintenance & Construction, Inc. ( Specialty ), a subsidiary of MetalTek International, Inc., hereby provides notice of its mechanic s lien under 11 U.S.C. 546(b)(2), and respectfully states as follows: 1. Prior to March 29, 2017 (the Petition Date ), Specialty provided goods, material, labor, services, and/or equipment, at the express request of Stone & Webster, Inc., and/or Westinghouse Electric Company, LLC, and/or WECTEC Global Project Services, Inc., the wholly owned subsidiary of Westinghouse Electric Company LLC, for use in the construction of improvements in and/or on certain real property located in Fairfield County, South Carolina, in

2 Pg 2 of 16 connection with a certain nuclear power plant construction project known as the V. C. Summer Nuclear Station (the V. C. Summer Project ). 2. The total value of goods, material, labor, services, and/or equipment Specialty furnished in connection with the V. C. Summer Project prior to the Petition Date that has not been paid as of the Petition Date is $2,311, ($1,212, for Unit 2 and $1,099, for Unit 3) (the Specialty Lien Amount ), exclusive of accruing interest and other fees, costs, and charges. 3. Specialty has not received any payment on account of the Specialty Lien Amount. 4. South Carolina s mechanic s lien statute provides in relevant part: (A) Every laborer mechanic, subcontractor, or person furnishing material for the improvement of real estate when the improvement has been authorized by the owner has a lien thereon, subject to existing liens of which he has actual or constructive notice, to the value of the labor or material so furnished, including the costs of the action and a reasonable attorney's fee which must be determined by the court in which the action is brought but only if the party seeking to enforce the lien prevails. See S.C. Code (A). 5. A lien under South Carolina law is perfected if the lien claimant serves upon the owner and files in the office of the register of deeds or clerk of court of the county in which the property is located a statement of its lien with an account of the amount due, with all just credits given, together with a description of the property intended to be covered by the lien and the name of the owner. Such lien must be served on the owner and filed with the register of deeds or clerk of court no later than 90 days after the lien claimant has ceased providing labor on, or furnish labor or materials for, such building or structure. See S.C. Code

3 Pg 3 of South Carolina law further requires the commencement of suit to enforce the lien and the filing of a lis pendens within six (6) months after the person desiring to avail himself of the lien statutes ceased to labor on or furnish labor or material for the building or structure. See S.C. Code Specialty has filed two Notice and Certificates of Lien against the real property on which the V. C. Summer Project is located in South Carolina (the South Carolina Real Property ) in accordance with South Carolina law. True and correct copies of Specialty s Notice and Certificates of Lien against the South Carolina Real Property are attached hereto as Exhibit 1 and Exhibit 2 and incorporated herein. 8. In accordance with 11 U.S.C. 546(b)(2), Specialty hereby provides notice to the Debtors, the Debtors counsel, the Office of the United States Trustee, counsel to the Lenders under the DIP Facility, the owner of the South Carolina Real Property, and all other interested parties, of Specialty s rights as a perfected lienholder in the South Carolina Real Property pursuant to South Carolina law. 9. Specialty is filing this Notice to preserve, perfect, maintain, and continue its rights in all of the South Carolina Real Property under South Carolina law in order to comply with the requirements of South Carolina law and 11 U.S.C. 546(b)(2). 10. The filing of this Notice shall not be deemed a waiver of any of Specialty s rights, claims, and/or defenses, including, without limitation, the right to (i) seek relief from the automatic stay, if any, and (ii) foreclose its lien. 11. Further, the filing of this Notice shall not be construed as an admission that such filing is required under Title 11 of the United States Code, South Carolina law, or any other applicable law. Additionally, Specialty makes no admission of fact or law, and asserts that its 3

4 Pg 4 of 16 lien is senior to and/or effective against any entities that may have acquired rights to the South Carolina Real Property previously, and reserves all rights to amend and/or supplement this notice. Dated: July 14, 2017 MILLER & MARTIN PLLC /s/ Paul Alexander Paul M. Alexander (Admitted Pro Hac Vice) Georgia Bar No paul.alexander@millermartin.com Suite West Peachtree Street NW Atlanta, Georgia (404) (404) (Facsimile) Attorneys for Specialty Maintenance & Construction, Inc. 4

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