ST. CROIX — SafeRack LLC, a safety equipment supplier based in South Carolina, has filed a civil complaint against Limetree Bay Terminals d/b/a Ocean Point Terminals LLC accusing the marine storage terminal of failure to pay for services rendered.
Ocean Point Terminals is allegedly in default of six professional services agreements for construction entered into with Alloy Mechanical Inc., according to a civil action for foreclosure filed Tuesday in Superior Court, Division of St. Croix by attorney Scot McChain, of McChain Hamm & Associates.
SafeRack shipped equipment to Ocean Point Terminals to be used in the construction of improvements made reinstating the use of a dock owned by OPT, according to the lawsuit. SafeRack sent a $66,440 invoice to Alloy Mechanical, but Alloy Mechanical has failed to pay the invoice because Ocean Point Terminals has allegedly not paid the company pursuant to the six professional services agreements. The lawsuit claims Alloy Mechanical would have the financial capacity to pay the plaintiff’s invoice if the defendant had not defaulted in those six contracts.
SafeRack filed a notice of lien in the amount of $66,440 against Ocean Point Terminals on August 6 for furnishing materials relating to reinstating the use of the dock. The date of the last services performed was May 5. The plaintiff properly recorded the notice of lien with the Recorder of Deeds at the Office of the Lieutenant Governor on August 6. The notice of lien was filed within 90 days after SafeRack’s final furnishing of materials, so it “shall be enforced” pursuant to the Virgin Islands Code, Title 28, Section 264, according to the lawsuit. The plaintiff claims it is entitled to foreclose on the properly recorded lien in accordance with the VI Code, Title 28, Section 258.
SafeRack seeks judgment declaring that Ocean Point Terminals has defaulted under the terms of the invoice and that SafeRack is entitled to exercise all rights under that document, including foreclosure of its lien. SafeRack seeks judgment declaring that it is entitled to foreclose on the improvements on the property. SafeRack seeks judgment foreclosing the lien and ordering that SafeRack be allowed to sell, according to the law, the improvements on the property secured by the lien and be permitted to credit bid all amounts owed at any such sale.
