17-10751-mew Doc 1185 Filed 08/18/17 Entered 08/18/17 14:37:40 Main Document Pg 1 of 4 Katherine R. Catanese FOLEY & LARDNER LLP 90 Park Avenue New York, NY 10016-1314 Tel.: (212 338-3496 Fax: (212 687-2329 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------X In re Chapter 11 WESTINGHOUSE ELECTRIC COMPANY LLC, et al., Debtors. 1 -----------------------------------------------------------X Case No. 17-10751 (MEW (Jointly Administered NOTICE OF MILTON J. WOOD FIRE PROTECTION, INC. OF PERFECTION OF MECHANICS LIEN PURSUANT TO 11 U.S.C. 546(b(2 UNDER SOUTH CAROLINA LAW Milton J. Wood Fire Protection, Inc. ( MJW, by and through its undersigned counsel, hereby provides notice of its mechanics lien under 11 U.S.C. 546(b(2, and respectfully states as follows: 1. MJW is a Florida corporation licensed to do business in South Carolina. 2. Prior to March 29, 2017 (the Petition Date, MJW provided services to the abovecaptioned debtors (the Debtors for a nuclear power plant construction project identified as the Virgil C. Summer Nuclear Station (the VC Summer Project, located on certain real property in Fairfield County, South Carolina. 4821-2352-0330.1 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, if any, are: Westinghouse Electrical Company LLC (0933, CE Nuclear Power International, Inc. (8833, Fauske and Associates LLC (8538, Field Services, LLC (2550, Nuclear Technology Solutions LLC (1921, PaR Nuclear Holding Co., Inc. (7944, PaR Nuclear, Inc. (6586, PCI Energy Services LLC 9(100, Shaw Global Services, LLC (0436, Shaw Nuclear Services, Inc. (6250, Stone & Webster Services LLC (5448, Toshiba Nuclear Energy Holdings (UK Limited (N/A, TSB Nuclear Energy Services, Inc. (2348, WEC Carolina Energy Solutions, Inc. (8735, WEC Carolina Energy Solutions, LLC (2002, WEC Engineering Services Inc. (6759; WEC Equipment & Machining Solutions, LLC (3135, WEC Specialty LLC (N/A, WEC Welding and Machining, LLC (8771, WECTEC Contractors, Inc. (4168, WECTEC Global Project Services, Inc. (8572, WECTEC LLC (6222, WECTEC Staffing Services LLC (4135, Westinghouse Energy Systems LLC (0328, Westinghouse Industry Products International Company LLC (5961. The Debtors principal offices are located at 1000 Westinghouse Drive, Cranberry Township, Pennsylvania 16066.
17-10751-mew Doc 1185 Filed 08/18/17 Entered 08/18/17 14:37:40 Main Document Pg 2 of 4 3. The total value of labor and materials MJW furnished to the VC Summer Project prior to the Petition Date is $1,967,406.91 (the MJW Lien Amount, exclusive of accruing interest and other charges. 4. MJW has not received any payment on account of the MJW Lien Amount. 5. South Carolina s mechanics lien statue provides in relevant part: (a A person to whom a debt is due for labor performed or furnished or for materials furnished and actually used in the erection, alteration, or repair of a building or structure upon real estate shall have a lien upon the building or structure and upon the interest of the owner of the building or structure in the lot of land upon which it is situated to secure the payment of the debt due to him. See S.C. Code Ann. 29-5-10. 6. A mechanics lien in South Carolina arises inchoate when labor is performed or material furnished. See e.g., Preferred Savings and Loan Assoc., Inc., 301 S.E. 2d 843, 854 (S.C. Sup. Ct. 1990. 7. A lien under South Carolina law is perfected if the lien claimant, within ninety (90 days after ceasing to labor on or finish labor or materials for, such building or structure, files in the office of the register deeds or clerk of court of the county in which the building or structure is situated a statement of just and true account of the amount due, with all just creditors given, together with a description of the property intended to be covered by the lien sufficiently accurate for identification, with the name of the owner of the property, if known and services it upon the owner. See S.C. Code Ann. 29-5-90. 8. MJW filed a Notice of Mechanics Lien of the MJW Lien Amount, totaling $1,859,255.91 (as of March 27, 2017 against the real property on which the VC Summer Project is located in South Carolina (the South Carolina Real Property in accordance with South Carolina 4821-2352-0330.1 2
17-10751-mew Doc 1185 Filed 08/18/17 Entered 08/18/17 14:37:40 Main Document Pg 3 of 4 law. True and correct copies of the MJW Notice of Mechanics Lien are attached hereto as Exhibit A. 9. South Carolina s Lien Laws further require commencement of suit to enforce the lien within six (6 months of the day of filing of the statement with the Register of Deeds or Clerk of Court. S.C. Code Ann. 29-5-120. 10. 11 U.S.C. 546(b(2 provides that when applicable law requires the filing of suit or the seizure of property as a condition of creating or perfecting a lien, the claimant may file a notice with the Bankruptcy Court. 11. Accordingly, pursuant to 11 U.S.C. 546(b(2, MJW hereby provides notice to the Debtors, the Debtors counsel, the Office of the United States Trustee, the Debtors secured lenders, the owner of the South Carolina Real Property, and all other interested parties, of MJW s rights as a perfected lienholder in all of the South Carolina Real Property pursuant to South Carolina Law. 12. MJW is filing this Notice to preserve, perfect, maintain, and continue its rights in all of the South Carolina Property under South Carolina law in order to comply with the requirements of South Carolina lien law and 11 U.S.C. 546(b(2. 13. The filing of this Notice shall not be deemed a waiver of MJW s rights to (i seek relief from the automatic stay to foreclose its lien, or (ii assert any other rights and/or defenses. 14. The filing of this Notice shall not be construed as an admission that such filing is required under the Bankruptcy Code, South Carolina law, or any other applicable law. Additionally, MJW makes no admission of fact or law, and asserts that its lien is senior to and effective against any entities that may have acquired rights to the South Carolina Property previously. 15. The filing of this Notice is without prejudice to MJW s claims under 11 U.S.C. 503(b(9 and without prejudice to its rights to file any other claim in this bankruptcy case. 4821-2352-0330.1 Dated August 18, 2017 3
17-10751-mew Doc 1185 Filed 08/18/17 Entered 08/18/17 14:37:40 Main Document Pg 4 of 4 FOLEY & LARDNER LLP By: /s/ Katherine R. Catanese Katherine R. Catanese FOLEY & LARDNER LLP 90 Park Avenue New York, NY 10016-1314 Tel.: (212 338-3496 Fax: (212 687-2329 Email: kcatanese@foley.com Attorneys for Milton J. Wood Fire Protection, Inc. 4821-2352-0330.1 4
Notice of Mechanics Lien Pg 1 of 5 201700170'M Filed for Record in FAIRFIELD SC. JUDY H BONDS: 03-23-2017 At 08t4705 om. NECH LIEN 11600 Book 45 Poo 22. '26 Instrument Prepared By And Recording Requested By: MILTON J WOOD FIRE PROTECTION, INC, 3805 FAYE ROAD JACKSONVILLE, FL 32226 Space Above For Recorder's Use NOTICE OF JVIECHANIC'$ LIEN PLAIMANT WITHOUT DIRECT CONTRACT WITH OWNER STATE OF SOUTH CAROLINA COUNTY OF FAIRFIELD MILTON J WOOD FIRE PROTECTION, INC., PETITIONER VERSUS SOUTH CAROLINA ELECTRIC & GAS, FOR ITSELF AND AS AGENT FOR SANTEE, RESPONDENT COOPER NOTICE OF MECHANIC'S LIEN BOOK PAGE Name and Address of Petitioner / Claimant MILTON J WOOD FIRE PROTECTION, INC, 3805 FAYE ROAD JACKSONVILLE, FL 32226 PERSONALLY APPEARED, and says as follows: ERNEST NORTH, who being duly sworn, deposes That s/he is the authorized representative of the above-identified Petitioner, the Petitioner and Mechanics' Lien Claimant herein, and that the annexed verified statement of account for labor and materials is a true and Just account of the amount due to the Petitioner, with all Just credits given, for labor and building materials furnished and actually used in the construction, erection, alteration, and/or repair of buildings or 2012 Express Lien, Inc, dba Zion
Notice of Mechanics Lien Pg 2 of 5 structures situated on the after-described real estate (the "Property", by virtue of Petitioner's contract to perform work to the benefit of the Respondent, the Owner of the property (the "Owner", That Owner authorized that this labor and material be furnished. That the last of the labor and materials were furnished to the Property was on 3/19/2017 That by the serving and filing of this Mechanic's Lien, the Petitioner has and claims a Mechanic's Lien for the payment of the indebtedness aforesaid, and the cost of enforcing Its lien, upon the following described property, including its buildings and structures: Virgil C. Summer Nuclear Station Unit 2 & 3(V.C. Summer LEGALLY DESCRIBED AS: SITE ADDRESS: 14368 STATE HIGHWAY 213, JENKINSVILLE, SC 29065 PARCEL: 192.00-00-003-000 ACRES 140,01 SITE: PARR ROAD TRACT A PARCEL: 138-01-00-003-000 ACRES: 1615 SITE: 484 BRADHAM BLVD PARCEL: 175-00-01-004.000 ACRES: 919 SITE: 8-15395 B-14495 B-14953 B WHEREFORE, the Petitioner claims a Mechanic's Lien against the Property In the sum of $1,859,255,91, together with the interest thereon, and the costs of this action including a reasonable attorney's fee. The Petitioner: WI is is not required to be licensed or registered as contemplated by S.C. Code Ann. 29-5.15, If it is, the S.C. License or Regostration Number is FSC,1210 ITHIS SPACE INTENTIONALLY LEFT BLANK. SEE SUBSEQUENT PAGE. *2012 Express Lien, Inc. dba Zlien
Notice of Mechanics Lien Pg 3 of 5 Signature of Claimant, and Verification State of SOUTH CAROLINA County of FAIRFIELD I, ERNEST NORTH, the undersigned, being of lawful age and being first duly sworn upon oath, do state that I am the Claimant named herein, and that i have read the foregoing instrument, and as the Claimant have knowledge of the facts, and certify that based I on, upon my information and belief, the foregoing is true and correct un en f perjury. (-. Company; ON 3 WOOD FIRE PROTECTION, INC, Print Name: ERNEST NORTH Sworn to and subscribed before me, undersigned Notary Public, in and for the above listed State and County, on this date: 3/27/2017 e,a4--/ otary Public 2012 Express Lien, Inc, dba ZlIen
Notice of Mechanics Lien Pg 4 of 5 VERIFIED STATEMENT OF ACCOUNT STATE OF SOUTH CAROLINA COUNTY OF alton J Wood Fire Protection, Inc, versus Petitioner, South Carolina Electric Sr Gas Company for itselrancl as agent (orissntee Cooper, Respondent. ACCOUNT BALANCE AS OF 3/27/2017 VERIFIED STATEMENT OF ACCOUNT PAYMENTS RECEIVED; $ 921,448,09 BALANCE DUE AS OF * Plus Interest, attorney's fees and costs. 3/ 27/2017 $ 1,859,255.91 * STATE OF SOUTH CAROLINA COUNTY OF Fairfield I HEREBY CERTIFY that the foregoing is s true and correct state eat of account due to Petitioner h connection With this Mechanics' Lien. PETrkl By; Its: ruest fort Project Manager Sworn to and subscribed before me this 27th day of March, 14t-d-ot otary Public My Commission Expires; 7,t02/ tr,. " - ei - 0 1. - ir'itfb 4c- z.": ' Vemp N /' 80IfriA C:1'%1/4
Notice of Mechanics Lien Pg 5 of 5 I t