IN THE DISTRICT COURT OF BLAINE COUNTY
STATE OF OKLAHOMA
RICK CARUTHERS CONSTRUCTION, INC., )
Plaintiff, )
vs. ) Case No. CJ-2020-8__________
HUSKY VENTURES, INC.; JOHN DOE(S) )
Defendants, )
PETITION
Plaintiff, Rick Caruthers Construction, Inc., by and through its counsel of record, for its causes of action against Defendants, alleges and states as follows:
PARTIES, JURISDICTION AND VENUE
1. Rick Caruthers Construction, Inc. ("Caruthers") is an Oklahoma corporation duly registered and organized with the Oklahoma Secretary of State and authorized to conduct business in the State of Oklahoma, with its principal place of business located in Cherokee, Alfalfa County, State of Oklahoma.
2. Husky Ventures, Inc. ("Husky") is an Oklahoma corporation with a principal place of business believed to be located in Oklahoma City, Oklahoma County, State of Oklahoma. Husky conducts business in Blaine County, State of Oklahoma.
3. John Doe(s) are those that may claim some right, title or interest in and to the lands and/or property identified herein.
4. The agreements at issue to provide labor, services, equipment and/or materials to Husky were entered into in response to a direct request from Husky.
5. The order for the labor, services, equipment and/or materials was placed by Husky to be performed on the following property located in Blaine County, State of Oklahoma:
a. Section 25 – Township 19N – Range 10W, Blaine County
Well Name: Big Red #1-25H
API: 011-24169 (the “Big Red Well”);
b. Section 25 – Township 19N – Range 10W, Blaine County
Well Name: Hulk 1-25H
API: 011-24168 (the “Hulk Well”); and
c. Section 1 – Township 19N – Range 11W, Blaine County
Well Name: Captain America #1-1H
API: 011-24235 (the “Captain America Well”).
6. Caruthers seeks a judgment against Husky stemming for indebtedness on account stated, as well as a judgment foreclosing three (3) oil and gas well lien statements covering property located in Blaine County, State of Oklahoma (as set forth above in ¶ 5).
7. This Court therefore has jurisdiction over the parties and the subject matter of this action, and venue before this Court is proper.
GENERAL FACTS
8. Caruthers incorporates all allegations set forth in Paragraphs 1 through 7 of this Petition as if fully set forth herein and further alleges and states as follows:
Invoice 40663
(the “Big Red Well Invoice”)
9. On or about September 30, 2019, Caruthers directed to Husky invoice 40663 for labor, services, equipment and/or materials. A true and correct copy of Invoice 40663 is attached hereto as Exhibit 1.
10. Husky has not made a payment under Invoice 40663.
11. As of February 1, 2020, Husky owed Caruthers under Invoice 40663 the amount of at least $18,321.20.
Invoices 40506 & 40656
(the “Captain America Well Invoices”)
12. On or about July 15, 2019, Caruthers directed to Husky invoice 40506 for labor, services, equipment and/or materials. A true and correct copy of Invoice 40506 is attached hereto as Exhibit 2.
13. On or about September 30, 2019, Caruthers directed to Husky invoice 40656 for labor, services, equipment and/or materials. A true and correct copy of Invoice 40656 is attached hereto as Exhibit 3.
14. Husky has not made payment under Invoice 40506, nor Invoice 40656.
15. As of February 1, 2020, Husky owed Caruthers under Invoices 40506 and 40656 in the amount of at least $18,321.20.
Invoices 40419, 40582, and 40681
(the “Hulk Well Invoices”)
16. On or about May 31, 2019, Caruthers directed to Husky invoice 40419 for labor, services, equipment and/or materials. A true and correct copy of Invoice 40419 is attached hereto as Exhibit 4.
17. On or about August 31, 2019, Caruthers directed to Husky invoice 40582 for labor, services, equipment and/or materials. A true and correct copy of Invoice 40582 is attached hereto as Exhibit 5.
18. On or about October 22, 2019, Caruthers directed to Husky invoice 40681 for labor, services, equipment and/or materials. A true and correct copy of Invoice 40681 is attached hereto as Exhibit 6.
19. Husky has not made payment under Invoice 40419, Invoice 40582, nor Invoice 40681.
20. As of February 1, 2020, Husky owed Caruthers under Invoices 40419, 40582, and Invoice 40681 in the amount of at least $69,408.91.
Big Red Well Lien
21. Caruthers properly recorded a mechanic’s or materialman’s lien with the Blaine County Clerk on January 14, 2020 in Book 1417, beginning at Page 672 (the “Big Red Well Lien”).
Hulk Well Lien
22. Caruthers properly recorded a mechanic’s or materialman’s lien with the Blaine County Clerk on January 14, 2020 in Book 1417, beginning at Page 676 (the “Hulk Well Lien”).
Captain America Well Lien
23. Caruthers properly recorded a mechanic’s or materialman’s lien with the Blaine County Clerk on January 14, 2020 in Book 1417, beginning at Page 681 (the “Captain America Well Lien”).
24. After all due credits and adjustments, Caruthers is owed at least $93,396.80 by Husky for work performed as set forth above.
FIRST CAUSE OF ACTION
(Indebtedness of Account Stated)
25. Caruthers incorporates all allegations set forth in Paragraphs 1 through 24 of this Petition as if fully set forth herein and further alleges and states as follows:
26. Husky is presently indebted to Caruthers in the amount of at least $93,396.80 for labor, services, equipment and/or materials provided by Caruthers to Husky.
27. The labor, services, equipment and/or materials were provided to Husky as the direct instance, request and authorization of Husky.
28. The prices charges for the labor, services, equipment and/or materials were in each instance in good and valuable consideration, reasonable and were specifically agreed upon by and between Caruthers and Husky.
29. Caruthers has made demand upon Husky that all delinquent and outstanding debts be paid, and has made such demand on multiple occasions, but Husky has dialed and refused to tender payment in full.
30. As a consequence of Husky’s failure to make payment in full, Caruthers has been compelled to retain an attorney for the purposes of collecting the balance due and owing from Husky.
31. Caruthers is entitled to reasonable attorneys’ fees in accordance with provisions of 12 O.S. § 936.
WHEREFORE, Rick Caruthers Construction, Inc. prays for judgment on its First Cause of Action against Defendant Husky Ventures, Inc., in the amount of at least Ninety-Three Thousand Three Hundred Ninety-Six and 80/100ths Dollars ($93,396.80), together with Caruthers’ costs, attorneys’ fees, expenses, pre-judgment and post-judgment interest at the statutory rate, and for such other relief as this Court may deem just and equitable.
SECOND CAUSE OF ACTION
(Quantum Meruit/Unjust Enrichment)
32. Caruthers incorporates all allegations set forth in Paragraphs 1 through 31 of this Petition as if fully set forth herein and further alleges and states as follows:
33. Caruthers provided labor, services, equipment and/or materials to Husky, yet Husky has failed and refused to tender payment in full.
34. Husky’s actions (or inactions) have deprived Caruthers of its benefit of the bargain.
35. Husky has benefits to the detriment of Caruthers by receiving the value of at least Ninety-Three Thousand Three Hundred Ninety-Six and 80/100ths Dollars ($93,396.80), in labor, services, equipment and/or materials for which Husky has failed and refused to tender payment in full.
36. Husky would be unfairly benefited by the labor, services, equipment and/or materials if no compensation was paid to Caruthers.
WHEREFORE, Rick Caruthers Construction, Inc. prays for judgment on its Second Cause of Action against Defendant Husky Ventures, Inc., in the amount of at least Ninety-Three Thousand Three Hundred Ninety-Six and 80/100ths Dollars ($93,396.80), together with Caruthers’ costs, attorneys’ fees, expenses, prejudgment and post-judgment interest at the statutory rate, and for such other relief as this Court may deem just and equitable.
THIRD CAUSE OF ACTION
(Foreclosure of Big Red Well Lien)
37. Caruthers incorporates all allegations set forth in Paragraphs 1 through 36 of this Petition as if fully set forth herein and further alleges and states as follows:
38. As a result of Husky’s non-payment of the amount due under the Big Red Invoice, Caruthers properly perfected the Big Red Well Lien against the following property in accordance with Oklahoma law:
Section 25 – Township 19N – Range 10W, Blaine County
Well Name: Big Red #1-25H
API: 011-24169 ("Big Red Property")
39. Caruthers requests that the Court enter a judgment ordering foreclosure of the Big Red Well Lien against the Big Red Property, together with associated leases, leasehold interests, buildings, appurtenances, improvements, and trade fixtures located thereon, and all parties and entities who have or claim an interest in the leasehold and associated property and rights pursuant
to Title 42 of the Oklahoma Statutes, and that the Big Red Property is sold and the proceeds are distributed to lien claimants in accordance with their legal priority.
WHEREFORE, Rick Caruthers Construction, Inc. prays for judgment, in rem, on its Third Cause of Action against Husky Ventures, Inc., and John Doe(s) that (i) Caruthers’ Big Red Well Lien be foreclosed and declared to be a valid, prior and superior lien upon the Big Red Property together with associated leases, leasehold interests, buildings, appurtenances, improvements, and trade fixtures located thereon, and all parties and entities who have or claim an interest in the leasehold and associated property and rights pursuant to Title 42 of the Oklahoma Statutes, in the amount of $5,666.79, together with interest, costs, and attorney’s fees as permitted under the contract or applicable law; (ii) a Special Execution be issued and the Big Red Property be sold to satisfy said indebtedness, with the application of the proceeds of such sale to liens in accordance with their legal priority; (iii) from and after the sale of the Big Red Property, all parties, and any claiming by, through or under them, be forever barred and foreclosed from claiming any right, title or interest in and to said Big Red Property; and (iv) for such other relief as this Court may deem just and equitable.
FOURTH CAUSE OF ACTION
(Foreclosure of Hulk Well Lien)
40. Caruthers incorporates all allegations set forth in Paragraphs 1 through 39 of this Petition as if fully set forth herein and further alleges and states as follows:
41. As a result of Husky’s non-payment of the amount due under the Hulk Well Invoices, Caruthers properly perfected the Hulk Well Lien against the following property in accordance with Oklahoma law:
Section 25 – Township 19N – Range 10W, Blaine County
Well Name: Hulk 1-25H
API: 011-24168 (the “Hulk Property”)
42. Caruthers requests that the Court enter a judgment ordering foreclosure of the Hulk Well Lien against the Hulk Property, together with associated leases, leasehold interests, buildings, appurtenances, improvements, and trade fixtures located thereon, and all parties and entities who have or claim an interest in the leasehold and associated property and rights pursuant to Title 42 of the Oklahoma Statutes, and that the Hulk Property is sold and the proceeds are distributed to lien claimants in accordance with their legal priority.
WHEREFORE, Rick Caruthers Construction, Inc. prays for judgment, in rem, on its Fourth Cause of Action against Husky Ventures, Inc. and John Doe(s) that (i) Caruthers’ Hulk Well Lien be foreclosed and declared to be a valid, prior and superior lien upon the Hulk Property, together with associated leases, leasehold interests, buildings, appurtenances, improvements, and trade fixtures located thereon, and all parties and entities who have or claim an interest in the leasehold and associated property and rights pursuant to Title 42 of the Oklahoma Statutes, in the amount of $18,321.20, together with interest, costs, and attorney’s fees as permitted under the contract or applicable law; (ii) a Special Execution be issued and the Hulk Property be sold to satisfy said indebtedness, with the application of the proceeds of such sale to liens in accordance with their legal priority; (iii) from and after the sale of the Hulk Property, all parties, and any claiming by, through or under them, be forever barred and foreclosed from claiming any right, title or interest in and to said Hulk Property; and (iv) for such other relief as this Court may deem just and equitable.
FIFTH CAUSE OF ACTION
(Foreclosure of Captain America Well Lien)
43. Caruthers incorporates all allegations set forth in Paragraphs 1 through 42 of this Petition as if fully set forth herein and further alleges and states as follows:
44. As a result of Husky’s non-payment of the amount due under the Captain America Invoices, Caruthers properly perfected the Captain America Well Lien against the following property in accordance with Oklahoma law:
Section 1 – Township 19N – Range 11W, Blaine County
Well Name: Captain America #1-1H
API: 011-24235 (the “Captain America Property”).
45. Caruthers requests that the Court enter a judgment ordering foreclosure of the Captain America Well Lien against the Captain America Property, together with associated leases, leasehold interests, buildings, appurtenances, improvements, and trade fixtures located thereon, and all parties and entities who have or claim an interest in the leasehold and associated property and rights pursuant to Title 42 of the Oklahoma Statutes, and that the Captain America Property is sold and the proceeds are distributed to lien claimants in accordance with their legal priority.
WHEREFORE, Rick Caruthers Construction, Inc. prays for judgment, in rem, on its Fifth Cause of Action against Husky Ventures, Inc. and John Doe(s) that (i) Caruthers’ Captain America Well Lien be foreclosed and declared to be a valid, prior and superior lien upon the Captain American Property, together with associated leases, leasehold interests, buildings, appurtenances, improvements, and trade fixtures located thereon, and all parties and entities who have or claim an interest in the leasehold and associated property and rights pursuant to Title 42 of the Oklahoma Statutes, in the amount of $69,408.91, together with interest, costs, and attorney’s fees as permitted under the contract or applicable law; (ii) a Special Execution be issued and the Captain American Property be sold to satisfy said indebtedness, with the application of the proceeds of such sale to liens in accordance with their legal priority; (iii) from and after the sale of the Captain American Property, all parties, and any claiming by, through or under them, be forever barred and foreclosed
from claiming any right, title or interest in and to said Captain American Property; and (iv) for such other relief as this Court may deem just and equitable.
SIXTH CAUSE OF ACTION
(Promissory Estoppel)
46. Caruthers incorporates all allegations set forth in Paragraphs 1 through 45 of this Petition as if fully set forth herein and further alleges and states as follows:
47. Caruthers furnished Defendants with labor, services, equipment and/or materials in connection with oil and gas operations conducted by Husky.
48. Despite demand, Husky has wholly failed and refused to pay Plaintiff the balance due for the labor, services, equipment and/or materials provided.
49. Husky clearly and unambiguously promised Caruthers that it would be paid for the costs of such labor, services, equipment and/or materials.
50. Husky foresaw that Caruthers would rely upon this promise.
51. Caruthers reasonably relief upon Husky’s promise to its detriment.
52. Caruthers has suffered hardship and unfairness that can only be avoided by enforcing Husky’s promise to pay.
WHEREFORE, Rick Caruthers Construction, Inc. prays for judgment on its Sixth Cause of Action against Defendant Husky Ventures, Inc., in the amount of at least Ninety-Three Thousand Three Hundred Ninety-Six and 80/100ths Dollars ($93,396.80), together with Caruthers’ costs, attorneys’ fees, expenses, prejudgment and post-judgment interest at the statutory rate, and for such other relief as this Court may deem just and equitable.
Respectfully Submitted,
J. Clay Christensen (OBA #11789)
Jonathan M. Miles (OBA #31152)
Brock Z. Pittman (OBA #32853)
Emily J. Irwin (OBA#33880)
CHRISTENSEN LAW GROUP, P.L.L.C.
The Parkway Building
3401 N.W. 63rd Street, Suite 600
Oklahoma City, Oklahoma 73116
Telephone: (405) 232-2020
Facsimile: (405) 228-1113
[email protected]
[email protected]
[email protected]
[email protected]
Attorneys for Plaintiff
VERIFICATION
STATE OF OKLAHOMA )
COUNTY OF ALFALFA )
SS.
Dick Caruthers, of lawful age, after being first duly sworn upon his oath, states as follows:
I, Dick Caruthers, am the Chief Financial Officer of the Plaintiff in the above action. As such, I have personal knowledge of the facts and circumstances alleged above as they relate to Rick Caruthers Construction, Inc. I have read the within and foregoing Petition, and the facts stated therein as to me are true and correct to the best of my knowledge.
FURTHER AFFIANT SAYETH NOT.
[signature]
Dick Caruthers, Chief Financial Officer
Subscribed and sworn to before me this 18th day of February, 2020.
[signature]
Notary Public
Commission No.: 09005750
My Commission Expires:
7/13/2021
(SEAL)
STACEY L. WRIGHT
Notary Public, State of Oklahoma
Commission #09005750
My Commission Expires 07-13-2021
RICK CARUTHERS CONSTRUCTION, INC.
821 SOUTH OHIO
P. O. BOX 268
Invoice
Date Invoice #
9/30/2019 40663
Bill To
HUSKY VENTURES
Location
BIG RED
<table>
<tr>
<th>Serviced</th>
<th>Description</th>
<th>Amount</th>
</tr>
<tr>
<td>9/16/2019</td>
<td>
PROVIDE EQUIPMENT AND MATERIAL TO CLEAN UP LOCATION<br>
MOTOR PATROL - 13 HOURS @ $125.00<br>
1 1/2" GYP - 195.35 TONS @ $20.69
</td>
<td>
1,625.00<br>
4,041.79
</td>
</tr>
</table>
EXHIBIT 1
1.5% Per Month Interest Charged on Past Due Accounts
Total $5,666.79
RICK CARUTHERS CONSTRUCTION, INC.
821 SOUTH OHIO
P. O. BOX 268
Invoice
Date Invoice #
7/15/2019 40506
Bill To
HUSKY VENTURES
Location
HULK
<table>
<tr>
<th>Serviced</th>
<th>Description</th>
<th>Amount</th>
</tr>
<tr>
<td></td>
<td>6/19/19, 6/27/19<br>PROVIDE EQUIPMENT AND MATERIAL TO BUILD UP BERMS TO KEEP WATER OFF LOCATION<br>SHALE - 360 YARDS @ $8.00<br>1 1/2" CR - 74.70 TONS @ $20.69<br>MOTOR PATROL TO BLADE LOCATION AND BUILD BERMS - 8 HOURS @ $125.00<br>PACKER TO PACK LOCATION - 6 HOURS @ $100.00</td>
<td>2,880.00<br>1,545.54<br>1,000.00<br>600.00</td>
</tr>
</table>
1.5% Per Month Interest Charged on Past Due Accounts
Total $6,025.54
RICK CARUTHERS CONSTRUCTION, INC.
821 SOUTH OHIO
P. O. BOX 268
Invoice
Date Invoice #
9/30/2019 40656
Bill To
HUSKY VENTURES
Location
HULK
<table>
<tr>
<th>Serviced</th>
<th>Description</th>
<th>Amount</th>
</tr>
<tr>
<td>9/17/2019</td>
<td>PROVIDE EQUIPMENT AND MATERIAL TO CLEAN UP LOCATION AND STOCKPILE DIRT ON LOCATION<br>MOTOR PATROL - 14 HOURS @ $125.00<br>972 FRONT END LOADER TO STOCK PILE DIRT - 10 HOURS @ $150.00<br>1 1/2" GYP - 437.20 TONS @ $20.69</td>
<td>1,750.00<br>1,500.00<br>9,045.66</td>
</tr>
</table>
<table>
<tr>
<th></th>
<th>1.5% Per Month Interest Charged on Past Due Accounts</th>
<th>Total</th>
<th>$12,295.66</th>
</tr>
</table>
EXHIBIT 3
RICK CARUTHERS CONSTRUCTION, INC.
821 SOUTH OHIO
P. O. BOX 268
Invoice
Date Invoice #
5/31/2019 40419
Bill To
HUSKY VENTURES
Location
CAPTAIN AMERICA
<table>
<tr>
<th>Serviced</th>
<th>Description</th>
<th>Amount</th>
</tr>
<tr>
<td></td>
<td>
4/19/19 - 5/31/19<br>
BUILT 300 X 300 LOCATION WITH BERMS AND ROCK<br>
LEVEL, BLADE & PACK LOCATION - DOZER - 16 HOURS @ $165.00<br>
MOTOR GRADER TO BLADE & SPREAD ROCK - 32 HOURS @ $125.00<br>
PROVIDE 120' X 20" STEEL PIPE CULVERT<br>
SHEEPS FOOT & SMOOTH DRUM - 12 HOURS @ $100.00<br>
1 1/2" GYP - 750 TONS @$19.65<br>
2 1/2" GYP - 1500 TONS @$19.15<br>
FENCED 3 SIDES OF LOCATION
</td>
<td>
2,640.00<br>
4,000.00<br>
3,500.00<br>
1,200.00<br>
14,737.50<br>
28,725.00<br>
4,200.00
</td>
</tr>
</table>
1.5% Per Month Interest Charged on Past Due Accounts
Total $59,002.50
RICK CARUTHERS CONSTRUCTION, INC.
821 SOUTH OHIO
P.O. BOX 268
Invoice
Date Invoice #
8/31/2019 40582
Bill To
HUSKY VENTURES
Location
CAPTAIN AMERICA
<table>
<tr>
<th>Serviced</th>
<th>Description</th>
<th>Amount</th>
</tr>
<tr>
<td>8/27/2019</td>
<td>MOTOR PATROL TO BLADE LOCATION, SPREAD ROCK OVER 120' NEW ENTRANCE - 10 HOURS @ $125.00<br>1 1/2" GYP - 124.55 TONS @ $19.65<br>PROVIDED 120' X 22" PIPE</td>
<td>1,250.00<br>2,447.40<br>4,000.00</td>
</tr>
</table>
1.5% Per Month Interest Charged on Past Due Accounts
Total $7,697.40
EXHIBIT 5
RICK CARUTHERS CONSTRUCTION, INC.
821 SOUTH OHIO
P. O. BOX 268
Invoice
Date | Invoice #
10/22/2019 | 40681
Bill To
HUSKY VENTURES
Location
CAPTAIN AMERICA
<table>
<tr>
<th>Serviced</th>
<th>Description</th>
<th>Amount</th>
</tr>
<tr>
<td>10/11/2019</td>
<td>PROVIDED MOTOR PATROL TO CLEAN UP LOCATION AND SPREAD ROCK - 10 HOURS @ $125.00<br>HAULED 1 1/2" GYP - 74.25 TONS @ $19.65</td>
<td>1,250.00<br>1,459.01</td>
</tr>
</table>
1.5% Per Month Interest Charged on Past Due Accounts
Total $2,709.01
EXHIBIT 6
