Pg 1 of 7 MILLER & MARTIN PLLC 1180 West Peachtree Street, NW Suite 2100 Atlanta, Georgia 30309-3407 Telephone: (404) 962-6100 Facsimile: (404) 962-6300 Paul M. Alexander (Admitted Pro Hac Vice) Attorneys for Specialty Maintenance & Construction, Inc. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------X ) ) Chapter 11 In re ) WESTINGHOUSE ELECTRIC ) Case No. 17-10751 (MEW) COMPANY LLC, et al., ) ) (Jointly Administered) Debtors. ) --------------------------------------------------------X NOTICE OF SPECIALTY MAINTENANCE & CONSTRUCTION, INC. OF PERFECTION OF MECHANIC S LIEN PURSUANT TO 11 U.S.C. 546(B)(2) UNDER GEORGIA LAW Specialty Maintenance & Construction, Inc. ( Specialty ), a wholly owned subsidiary of MetalTek International, Inc., hereby provides notice of its mechanic s lien under 11 U.S.C. 546(b)(2), and respectfully states as follows: 1. Prior to March 29, 2017 (the Petition Date ), Specialty provided goods, material, labor, services, and/or equipment, at the express request of Stone & Webster, Inc., and/or Westinghouse Electric Company, LLC, and/or WECTEC Global Project Services, Inc., the wholly owned subsidiary of Westinghouse Electric Company LLC, for use in the construction of improvements in and/or on certain real property located in Waynesboro, Burke County, Georgia,
Pg 2 of 7 in connection with a certain nuclear power plant construction project known as the Allen W. Vogtle Electric Generating Plant (the Vogtle Project ). 2. The total value of goods, material, labor, services, and/or equipment Specialty furnished in connection with the Vogtle Project prior to the Petition Date that has not been paid as of the Petition Date is $2,392,898.70 (the Specialty Lien Amount ), exclusive of accruing interest and other fees, costs, and charges. 3. Specialty has not received any payment on account of the Specialty Lien Amount. 4. Georgia s mechanics lien statute provides in relevant part: (a) The following persons shall each have a special lien on the real estate, factories, railroads, or other property for which they furnish labor, services, or materials: (2) All contractors, all subcontractors and all materialmen furnishing material to subcontractors, and all laborers furnishing labor to subcontractors, materialmen, and persons furnishing material for the improvement of real estate...[.] See Ga. Code Ann. 44-14-361(a)(2). 5. A lien under Georgia law is perfected if the lien claimant files in the office of the clerk of court of the county in which the property is located a statement of its lien with an account of the amount due, with all just credits given, together with a notice of expiration of the lien, a notice to the owner, and a description of the property intended to be covered by the lien. See Ga. Code Ann. 44-14-361. Such lien must be filed no later than 90 days after the lien claimant has ceased providing labor on, or furnish labor or materials for, such building or structure. See Ga. Code Ann. 44-14-361. 6. Georgia law further requires the commencement of suit to enforce the lien within 365 days after the day of the fling of the statement with the clerk of the superior court. See Ga. Code Ann. 44-14-361(a)(3). 2
Pg 3 of 7 7. Specialty has filed a Claim of Lien against the real property on which the Vogtle Project is located in Georgia (the Georgia Real Property ) in accordance with Georgia law. A true and correct copy of Specialty s Claim of Lien against the Georgia Real Property is attached hereto as Exhibit 1 and incorporated herein. 8. In accordance with 11 U.S.C. 546(b)(2), Specialty hereby provides notice to the Debtors, the Debtors counsel, the Office of the United States Trustee, counsel to the Lenders under the DIP Facility, the owner or owners of the Georgia Real Property, and all other interested parties, of Specialty s rights as a perfected lienholder in all of the Georgia Real Property pursuant to Georgia law. 9. Specialty is filing this Notice to preserve, perfect, maintain, and continue its rights in all of the Georgia Real Property under Georgia law in order to comply with the requirements of Georgia law and 11 U.S.C. 546(b)(2). 10. The filing of this Notice shall not be deemed a waiver of any of Specialty s rights, claims, and/or defenses, including, without limitation, the right to (i) seek relief from the automatic stay, if any, and (ii) foreclose its lien. 11. Further, 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, Georgia law, or any other applicable law. Additionally, Specialty 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 Georgia Real Property previously, and reserves all rights to amend and/or supplement this notice. [Signature Appears On Following Page] 3
Pg 4 of 7 Dated: July 14, 2017 MILLER & MARTIN PLLC /s/ Paul Alexander Paul M. Alexander (Admitted Pro Hac Vice) Georgia Bar No. 009003 paul.alexander@millermartin.com Suite 2100 1180 West Peachtree Street NW Atlanta, Georgia 30309 (404) 962-6100 (404) 962-6300 (Facsimile) Attorneys for Specialty Maintenance & Construction, Inc. 4
17-10751-mew Doc 912 Filed 07/14/17 Entered 07/14/17 17:13:46 Pg 5 of 7 EXHIBIT "1" Main Document
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