Opinion
21 C 6439
09-26-2024
CHICAGO & VICINITY LABORERS' DISTRICT COUNCIL PENSION FUND, CHICAGO & VICINITY LABORERS' DISTRICT COUNCIL WELFARE FUND, CHICAGO & VICINITY LABORERS' DISTRICT COUNCIL RETIREE HEALTH AND WELFARE FUND, and CATHERINE WENSKUS, not individually, but as Administrator of the Funds, Plaintiffs, v. CONTINENTAL CONSTRUCTION COMPANY, INC., an Illinois corporation, And THOMAS W. ANDREWS, individually, Defendants.
JUDGMENT ORDER
Georgia N. Alexakis Judge
This cause coming before the Court on motion of Plaintiffs Chicago & Vicinity Laborers' District Council Pension Fund, Welfare Fund, Retiree Health and Welfare Fund, and Catherine Wenskus, in her capacity as Administrator of the Funds (collectively the “Laborers' Funds”), for entry of Judgment Damages, pursuant to Fed.R.Civ.P. 55(b), due notice given, and the Court finding Defendants, Continental Construction Company, Inc., and Thomas W. Andrews in default, and the Court having been fully advised in the premises, IT IS HEREBY ORDERED THAT:
Judgment is entered in favor of the Laborers' Funds and against Continental Construction Company, Inc., and Thomas W. Andrews, jointly and severally in the total amount of $121,505.21 consisting of the following amounts:
1. $44,510.73 for Company's defaulted Note balance.
2. $54,556.48 based on the Legacy Professionals, LLP compliance audit of Continental Construction Company, Inc., covering the period of October 1, 2017 through December 31, 2022 and consisting of:
a) $ 31,601.66 Principal owed for benefit contributions and union dues;
b) $ 6,206.23 Liquidated damages (“LD”), on the audit findings;
c) $ 12,796.59 Accumulated interest on the audit findings;
d) $ 3,952.00 Audit cost;
2. $22,438.00 representing the reasonable attorneys' fees and costs accrued by the Laborers' Funds incurred in its efforts to collect the amounts owed to date;
3. Continental Construction Company, Inc. and Thomas W. Andrews, is ordered to pay post judgment interests on all amounts entered against them from the date of the Judgement Order until the date the Judgment Order is paid in full; and
4. Continental Construction Company, Inc., is ordered to post and maintain a fringe benefit bond in accordance with the terms and conditions of the Agreement.