1980-0611_BUTLER DEVELOPMENT_Correspondence from Rutan & Tucker (Sully-Miller Contracting)+ • RUTAN & TUCKER •
ATTORNEYSAT LAW
610 NEwFORT CENTER OFrNE, SUITE 900
POST OFFICE .0x 1369
NEWPORT BEACH. CALIFORNIA 92660
TELECOPIER (7'41159-8993
17147 769-0833
June 11, 1980
American Motorists Insurance Company
685 Carondelet Street
Los Angeles, California
Attention: Jacquelyn Rhoads
Attorney In Fact
Dear Ms. Rhoads:
-TVI 1 oo `' i,
RECEIVUL
AD I'll, Ee D1.E A",
Jw 13 2 41?N'�1 °'LIA, LEER 9z�oz
T C R 11 •.59-1592
I1r41 Bls .2o0
CITY OF
SAN JUAN
CAM ST R Am'iQWL. RIE„RE REEER TO
Please be advised that this office represents Sully -
Miller Contracting Company with respect to its claim for pay-
ment for subcontract work done for Butler Development Company,
Inc. on Subdivision Tract No. 1090 located at Via Estelita
and Via Arboleda, San Juan Capistrano, California.
On or about September 5, 1978, Butler Development
Company, Inc. and Sully -Miller Contracting Company entered
into a subcontract agreement by which Sully -Miller was to per-
form labor and provide materials to the referenced project for
street improvements. A copy of said subcontract agreement is
attached hereto as Exhibit A. Between the date of the execution
of the contract and October 24, 1979, Sully -Miller Contracting
Company performed the work required by the contract and per-
formed extra work documented by change order. Since October.
24, 1979, Butler Development Company, Inc. has been indebted
to Sully -Miller Contracting Company in the amount of $78,140.16.
No part of this sum has been paid although demand therefor has
been made. Butler Development Company does not dispute its
liability for the above sum bpt, because of financial diffi-
culties which it has suffered, it has been unable to pay the
sum due. Demand is hereby made to American Motorists Insurance
Company for payment of the principal amount of $78,140.16 and
interest thereupon plus such costs and reasonable expenses and
fees, including reasonable attorneys' fees incurred by Sully -
Miller Contracting Company in the enforcement of this obligation.
Our claim is based on the following bonds for which your company
has acted as surety:
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CLIFFORD E. ERIEOEI+
ATTORNEYSAT LAW
610 NEwFORT CENTER OFrNE, SUITE 900
POST OFFICE .0x 1369
NEWPORT BEACH. CALIFORNIA 92660
TELECOPIER (7'41159-8993
17147 769-0833
June 11, 1980
American Motorists Insurance Company
685 Carondelet Street
Los Angeles, California
Attention: Jacquelyn Rhoads
Attorney In Fact
Dear Ms. Rhoads:
-TVI 1 oo `' i,
RECEIVUL
AD I'll, Ee D1.E A",
Jw 13 2 41?N'�1 °'LIA, LEER 9z�oz
T C R 11 •.59-1592
I1r41 Bls .2o0
CITY OF
SAN JUAN
CAM ST R Am'iQWL. RIE„RE REEER TO
Please be advised that this office represents Sully -
Miller Contracting Company with respect to its claim for pay-
ment for subcontract work done for Butler Development Company,
Inc. on Subdivision Tract No. 1090 located at Via Estelita
and Via Arboleda, San Juan Capistrano, California.
On or about September 5, 1978, Butler Development
Company, Inc. and Sully -Miller Contracting Company entered
into a subcontract agreement by which Sully -Miller was to per-
form labor and provide materials to the referenced project for
street improvements. A copy of said subcontract agreement is
attached hereto as Exhibit A. Between the date of the execution
of the contract and October 24, 1979, Sully -Miller Contracting
Company performed the work required by the contract and per-
formed extra work documented by change order. Since October.
24, 1979, Butler Development Company, Inc. has been indebted
to Sully -Miller Contracting Company in the amount of $78,140.16.
No part of this sum has been paid although demand therefor has
been made. Butler Development Company does not dispute its
liability for the above sum bpt, because of financial diffi-
culties which it has suffered, it has been unable to pay the
sum due. Demand is hereby made to American Motorists Insurance
Company for payment of the principal amount of $78,140.16 and
interest thereupon plus such costs and reasonable expenses and
fees, including reasonable attorneys' fees incurred by Sully -
Miller Contracting Company in the enforcement of this obligation.
Our claim is based on the following bonds for which your company
has acted as surety:
OUTAN & TUCKER
ATTORNEYS AT LAW
r
American Motorists Insurance Company
June 11, 1980
Page Two
(1) Labor and materials bond for improvements No.
8SM-174-452 executed on or about June 15, 1978;
(2) Faithful performance bond for improvements No.
8SM-174-454 executed on or about June 15, 1978;
(3) Subdivision bond No. 8SM-174-453 executed on
or about June 15, 1978; and
(4) Surety Bond No. 8SM-174-455 executed on or about
June 15, 1978.
[All of the referenced bonds inure to the benefit of
Sully -Miller Contracting Company.]
If Sully -Miller Contracting Company does not receive
payment of the principal amount, plus interest at the legal
rate from October 24, 1979, on or before June 20, 1980, we will
take all appropriate steps necessary to enforce our claim.
Thank you for your anticipated cooperation.
Very truly yours,
RUTAN& TUCKER
William Caplan
WJC:mk
Enclosure
CC: City of San Juan Capistrano