The federal government is suing a Maryland contractor for $2.5 million on behalf of a Newburgh subcontractor for work done at the U.S. Military Academy.
Profex Inc. claims that Kirlin Builders of Rockville, Maryland has refused to pay for work done at the Johnson Veterinary Clinic at West Point, in a complaint filed Jan. 3 in U.S. District Court, White Plains.
The lawsuit was brought under the Miller Act, a federal law tracing back to 1894 that requires prime contractors to guarantee project performance and payments to subcontractors on government jobs.
The U.S. Army Corps of Engineers hired Kirlin in 2015 to renovate the West Point clinic.
Kirlin is part of the Kirlin Group and KDB Mechanical Contractors, a Washington, D.C. area engineering and construction firm that has worked on many government and public buildings.
Kirlin hired Profex in 2019 as a subcontractor to provide labor and materials for the clinic project.
The Newburgh company was founded in 1991; provides general contracting, site development, planning and design and project management services; and is led by Roland F. Bloomer.
Once Profex finished its work last September, Kirlin had 90 days, under the Miller Act, to finish paying for the work.
Profex claims it provided work and materials worth $8,428,033, has been paid $5,921,750 and is still owed $2,506,282.
Kirlin did not respond to an email request for its side of the story.
The complaint also names as defendants Liberty Mutual Insurance Co., Boston, and Westchester Fire Insurance Co., Philadelphia, as the insurers that issued bonds to Kirlin guaranteeing project performance and payments.
Poughkeepsie attorney Stephen P. O’Hare represents Profex and the government.
