17-10751-mew Doc 1359 Filed 09/13/17 Entered 09/13/17 14:32:05 Main Document Pg 1 of 4 J. Ronald Jones, Jr. Admitted Pro Hac Vice NEXSEN PRUET, LLC 205 King Street, Suite 400 (29401) P. O. Box 486 Charleston, SC 29402 Telephone: (843) 720-1740 Facsimile: (843) 414-8220 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re WESTINGHOUSE ELECTRIC COMPANY LLC, et al., Debtors. 1 Chapter 11 Case No. 17-10751 (MEW) (Jointly Administered) NOTICE PURSUANT TO 11 U.S.C. 546(b)(2) OF GENERAL SUPPLY AND SERVICES, INC. d/b/a GEXPRO S PERFECTION OF MECHANICS LIEN UNDER SOUTH CAROLINA LAW General Supply and Services, Inc. d/b/a Gexpro ( Gexpro ), by and through undersigned counsel, hereby provides notice of its mechanic s lien under 11 U.S.C. 546(b)(2), and respectfully states as follows: 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 Electric 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 (9100), Shaw Global Services, LLC (0436), Shaw Nuclear Services, Inc. (6250), Stone & Webster Asia Inc. (1348), Stone & Webster Construction Inc. (1673), Stone & Webster International Inc. (1586), 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 (3909), Westinghouse International Technology LLC (N/A), and Westinghouse Technology Licensing Company LLC (5961). The Debtors principal offices are located at 1000 Westinghouse Drive, Cranberry Township, Pennsylvania 16066. 1
17-10751-mew Doc 1359 Filed 09/13/17 Entered 09/13/17 14:32:05 Main Document Pg 2 of 4 1. Gexpro is a Delaware corporation with its principal offices in Smyrna, Georgia, and Runnemede, New Jersey, and is authorized to do business in South Carolina. 2. Prior to March 29, 2017, (the Petition Date ), Gexpro furnished electrical materials and supplies to WECTEC Global Project Services, Inc. f/k/a CB&I Stone & Webster, Inc. f/k/a Stone & Webster, Inc. ( WECTEC ), a subcontractor for the improvement of real estate owned by South Carolina Electric & Gas Company and South Carolina Public Service Authority a/k/a Santee Cooper. 3. The materials were actually used in the construction, erection, alteration and/or repair of buildings or structures described as the Virgil C. Summer Nuclear Generating Station, Units 2 &3 project located in Jenkinsville, Fairfield County, South Carolina. 3. The total value of the materials is Nine Hundred Eighty-Nine Thousand One Hundred Fifty-four Dollars and Sixty-eight Cents ($989,154.68) which is due from WECTEC, exclusive of interest and costs, including reasonable attorney s fees as applicable ( Gexpro Lien Amount. ) 4. Gexpro has not received any payment on account of the Gexpro Lien Amount and said amount remains due and owing. part: 5. South Carolina s mechanics lien statute, S.C. Code 29-5-10, provides in relevant (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 an owner of the building or structure in the lot of land upon which it is situated to secure the payment of the debt to him. 2
17-10751-mew Doc 1359 Filed 09/13/17 Entered 09/13/17 14:32:05 Main Document Pg 3 of 4 6. Under South Carolina law, a mechanics lien arises inchoate when labor or services are performed or material furnished. See Preferred Savings and Loan Assoc., Inc. v. Royal Garden Resort, Inc., 389 S.E.2d 853, 854 (S.C. 1990). 7. A lien under South Carolina law is perfected if the lien claimant, within ninety (90) days after ceasing to perform or completing performance of services for such building or structure, files in the office of the Register of 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, after deducting all credit due, 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 upon the owner. See S.C. Code Ann. 29-5-90 (1976, as amended). 8. On May 5, 2017, Gexpro filed a Notice of Mechanics Lien in Fairfield County, South Carolina, in the amount of $989,154.68, plus interest at the contract rate and/or statutory pre-judgment rate and attorney s fees, against the real property stated in the Notice of Mechanics Lien in accordance with applicable South Carolina law. A true and correct copy of the Notice of Mechanics Lien with a description of the real property and a Verified Statement of Account is attached hereto as Exhibit A and incorporated herein by reference. 9. Accordingly, pursuant to 11 U.S.C. 546(b)(2), Gexpro provides notice to the Debtor, Debtor s counsel, the Office of the United States Trustee, the Debtor s secured lenders, the owner of the real property described in the notice, and all other interested parties, of Gexpro s rights as a perfected lienholder in the real property stated in the Notice of Mechanics Lien pursuant to South Carolina law. 3
17-10751-mew Doc 1359 Filed 09/13/17 Entered 09/13/17 14:32:05 Main Document Pg 4 of 4 10. Gexpro files this Notice to preserve, perfect, maintain and continue its rights as a lienholder in the 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). 11. The filing of this Notice shall not be deemed a waiver of Gexpro s rights to (i) seek relief from the automatic stay to foreclose its lien, or (ii) assert any other rights and/or defenses. 12. 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, Gexpro makes no admission of fact or law, and asserts that its lien is senior to and/or effective against any entities that may have acquired rights to the real property stated in the Notice of Mechanics Lien previously, and reserves all rights to amend and/or supplement this notice. Respectfully submitted, this the 13 th day of September, 2017. Charleston, South Carolina /s/ J. Ronald Jones, Jr. J. Ronald Jones, Jr. Admitted Pro Hac Vice NEXSEN PRUET, LLC 205 King Street, Suite 400 (29401) P. O. Box 486 Charleston, SC 29402 Telephone: (843) 720-1740 Facsimile: (843) 414-8220 4
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