Aerial shot of a portion of Ocean Point Terminals. Photo Credit: ERNICE GILBERT, V.I. CONSORTIUM
On August 6, SafeRack LLC filed a lien with the Office of the Lieutenant Governor, claiming that it was owed over $66,000 for work done on a dock owned by Ocean Point Terminals. On Wednesday, SafeRack went to court to ask for permission to foreclose on that construction lien.
The issue began when in March 2023, Ocean Point entered into a series of contracts with Alloy Mechanical for construction work to be done at the facility on St. Croix’s south shore. In August of that year, SafeRack, a safety equipment supplier headquartered in South Carolina, was subcontracted by Alloy to supply equipment and material for work being done at one of the docks on site. An invoice was sent to Alloy Mechanical for $66,440, but Alloy has not been able to pay.
Ocean Point is being held responsible for Alloy’s non-payment because, according to SafeRack, Ocean Point has failed to pay what they owe to Alloy Mechanical, causing that company’s delinquency to its vendors. “But for Defendant's default in those six (6) contracts, Alloy Mechanical, Inc. would have the financial capacity to pay Plaintiff’s invoice,” SafeRack’s lawyers argue.
Because the lien was filed within the stipulated legal timeframe, SafeRack is asking the court to rule that it is valid and enforceable, and to declare that it is entitled to foreclose, liquidating the improvements on the property secured by the lien and crediting revenue from the sale to the unpaid invoice.
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