Oldcastle BuildingEnvelope, Inc. has filed a lawsuit against two major insurance companies, alleging they have failed to honor their payment obligations under surety bonds related to a construction project at Charlotte Douglas International Airport. The complaint was lodged by Oldcastle BuildingEnvelope, Inc. in the United States District Court for the Western District of North Carolina on December 17, 2025, targeting Fidelity and Deposit Company of Maryland and Liberty Mutual Insurance Company.
The case revolves around a construction project involving improvements to the airport terminal in Charlotte, North Carolina. Oldcastle BuildingEnvelope (OBE) was subcontracted by Holder-Edison Foard-Leeper (HEFL), the general contractor for the project, to design and install an aluminum glazing system as part of a steel canopy structure. OBE claims that due to inaccuracies in the subcontract provided by HEFL—specifically concerning deadload deflection measurements—they incurred additional costs exceeding $2.1 million. According to OBE, these errors required them to conduct extensive surveys and redesign work beyond their original scope.
Despite completing their contractual obligations, OBE alleges that HEFL has refused to compensate them for these additional expenses and other outstanding invoices totaling approximately $2.5 million. The lawsuit asserts that both Fidelity and Deposit Company of Maryland and Liberty Mutual Insurance Company are liable under the terms of payment bonds they issued for the project. These bonds were intended to ensure payment for labor and materials supplied by subcontractors like OBE.
OBE’s complaint details how they were forced to rely on inaccurate data provided by HEFL regarding structural tolerances, leading to significant financial burdens as they adjusted their designs accordingly. Despite notifying HEFL and filing claims with the sureties on April 16, 2025, no payments have been made under the bonds. The plaintiff argues that this refusal is unjustified given their full compliance with contractual terms.
In seeking relief from the court, Oldcastle BuildingEnvelope requests judgment against both defendants for at least $2.5 million along with pre- and post-judgment interest, prompt-pay interest, court costs, and attorneys’ fees as stipulated under North Carolina General Statutes § 44A-35.
Representing Oldcastle BuildingEnvelope are attorneys Lambert F. Guinn and Sarah A. Mink from Flannery | Georgalis LLC based in Charlotte, NC; alongside Royce R. Remington, Jacqueline A. Meese-Martinez, and Benjamin J. Horvath from Hahn Loeser & Parks LLP located in Cleveland, OH. The case is identified as Case No: 3:25-cv-00996.
Source: 325cv00996_Oldcastle_BuildingEnvelope_Inc_Complaint_Western_District_North_Carolina.pdf
