LOS ANGELES An Illinois
structural steel fabricator that slapped a lien on a Burlington
Northern Santa Fe Railway Co. (BNSF) bridge in Iowa is seeking
additional compensation from the railroad for work it performed
in the construction of the $61.5-million bridge.
Industrial Steel Construction
Inc. (ISC), Hodgkins, Ill., filed a $2.3-million
mechanics lien against the Fort Worth, Texas-based
railroad last June, according to documents filed May 13 in U.S.
District Court in Iowa. ISC is now seeking an additional
minimum of $2 million stemming from what it alleges is
BNSFs failure to compensate ISC for its additional costs
above an "estimated value" of its work, according to the
ISC signed a $21.8-million
purchase order agreement in July 2010 with Chicago-based
general contractor Walsh Construction Co. II LLC to "procure
and fabricate" the steel for a railroad bridge over the
Mississippi River at Burlington, Iowa, according to ISCs
ISC alleges in its complaint
that the purchase order price was based "entirely on the
representation" that it involved "preliminary estimates" for
the steel and would be adjusted if they were exceeded, based on
an "industry standard" determined by the American Institute of
Steel Construction (AISC).
ISC submitted a claim to Walsh
in May 2012 for "additional compensation due to increased
quantities in fabricated steel required for the job, which
raised the total purchase order price to $24.3 million," the
Despite "numerous" efforts in
early 2012 to explain its claim to Walsh and BNSF, the railroad
"repeatedly denied" claims for a "recomputation" based on the
AISC guidelines, ISC said.
In addition to the
mechanics lien, ISC has requested an additional judgment
of nearly $2.01 million plus interest and other costs,
including legal expenses and the cost of enforcing the lien.
ISC also has requested that the project be sold in foreclosure
and the proceeds used to satisfy any judgment.
BNSF told AMM that it
"will respond through the legal process." Attorneys for ISC
could not be reached for comment.