Mid-America Carpenters Regional Council Pension Fund, Mid-America Carpenters Regional Council Health Fund, Mid-America Carpenters Regional Council Apprentice and Trainee Program, and Mid-America Carpenters Regional Council Supplemental Retirement Fund v. Bill Welding & Fabrication, LLC, an Illinois limited liability company doing business as BWF Construction and doing business as BWF Development

CourtDistrict Court, N.D. Illinois
DecidedMarch 9, 2026
Docket1:25-cv-15256
StatusUnknown

This text of Mid-America Carpenters Regional Council Pension Fund, Mid-America Carpenters Regional Council Health Fund, Mid-America Carpenters Regional Council Apprentice and Trainee Program, and Mid-America Carpenters Regional Council Supplemental Retirement Fund v. Bill Welding & Fabrication, LLC, an Illinois limited liability company doing business as BWF Construction and doing business as BWF Development (Mid-America Carpenters Regional Council Pension Fund, Mid-America Carpenters Regional Council Health Fund, Mid-America Carpenters Regional Council Apprentice and Trainee Program, and Mid-America Carpenters Regional Council Supplemental Retirement Fund v. Bill Welding & Fabrication, LLC, an Illinois limited liability company doing business as BWF Construction and doing business as BWF Development) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mid-America Carpenters Regional Council Pension Fund, Mid-America Carpenters Regional Council Health Fund, Mid-America Carpenters Regional Council Apprentice and Trainee Program, and Mid-America Carpenters Regional Council Supplemental Retirement Fund v. Bill Welding & Fabrication, LLC, an Illinois limited liability company doing business as BWF Construction and doing business as BWF Development, (N.D. Ill. 2026).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

MID-AMERICA CARPENTERS REGIONAL COUNCIL PENSION FUND, MID-AMERICA CARPENTERS REGIONAL COUNCIL HEALTH FUND, MID-AMERICA CARPENTERS REGIONAL COUNCIL APPRENTICE AND TRAINEE PROGRAM, and MID-AMERICA CARPENTERS 25-cv-15256 REGIONAL COUNCIL SUPPLEMENTAL RETIREMENT FUND, Judge Sunil R. Harjani

Plaintiffs, Magistrate Judge Maria Valdez

v.

BILL WELDING & FABRICATION, LLC, an Illinois limited liability company doing business as BWF Construction and doing business as BWF Development,

Defendant.

PLAINTIFFS’ MOTION FOR ENTRY OF FINAL JUDGMENT FOR SUM CERTAIN AGAINST DEFENDANT

Plaintiffs, the MID-AMERICA CARPENTERS REGIONAL COUNCIL PENSION FUND, et al. (collectively “Trust Funds”), by their attorney Kevin P. McJessy, hereby move this Court pursuant to Federal Rule of Civil Procedure 55(b) to enter a final judgment for sum certain against defendant BILL WELDING & FABRICATION, LLC, an Illinois limited liability company doing business as BWF Construction and doing business as BWF Development (“Defendant”). In support of their motion, Trust Funds state as follows: FILING OF COMPLAINT 1. The Trust Funds filed a complaint against the Defendant under the Employee Retirement Income Security Act (“ERISA”) to collect amounts due pursuant to an audit of Defendant’s fringe benefit contributions to the Trust Funds for the period January 1, 2021 to December 31, 2022 (“Audit Period”) conducted by the Trust Funds’ designated auditor, Legacy Professionals, LLP (“Legacy”). 2. The Trust Funds’ complaint also seeks a judgment for all unpaid contributions, interest and liquidated damages, attorneys’ fees and costs, and auditors’ fees pursuant to ERISA,

Area Agreements, and the trust agreements to which Defendant is signatory. Complaint ¶¶1, 24- 26, 32-34, 40-42, 48-50 [ECF#1]. SERVICE 3. On December 17, 2025, Defendant’s registered agent was served with a copy of the summons and complaint by service on Defendant. A copy of the Return of Service was filed with the U.S. Clerk of Court on January 20, 2026. See Certificate of Service [ECF#11]. DEFENDANT’S FAILURE TO ANSWER OR PLEAD 4. Defendant’s counsel filed appearances in this matter on March 6, 2026. [ECF#14&15] Defendant has not filed an answer or other responsive pleading and over 21 days have passed since Defendant was served.

5. Defendant is signatory to the collective bargaining agreement with the Mid- America Carpenters Regional Council (“Union”). See Decl. of J. Conklin ¶3, Exhibit A. 6. Pursuant to the Agreement and ERISA, Defendant is required to pay fringe benefit contributions to the Trust Funds for work performed by Defendant’s employees and non- union subcontractors performing work falling within the jurisdiction of the Union. See Decl. of J.Conklin ¶4, Exhibit A; 29 U.S.C. §1132(g)(2)(A). 7. Pursuant to the Agreement and ERISA, Defendant must submit to a periodic audit of its books and records in order to verify the accuracy of the contributions reported and paid to the Trust Funds. See Decl. of J. Conklin ¶5, Exhibit A; 29 U.S.C. §1059. 8. The Trust Funds engaged Legacy Professionals, LLP (“Legacy”) to conduct an audit of Defendant’s fringe benefit contributions to the Trust Funds for the period January 1, 2022 through December 31, 2023 (“Audit Period”). See Decl. of J. Conklin ¶6, Exhibit A. 9. Legacy completed an audit of Defendant’s fringe benefit contributions for the

Audit Period and determined that Defendant owed $50,560.88 in unpaid fringe benefit contributions. See Decl. of J. Conklin ¶7, Exhibit A. Although Defendant made partial payment of the amount due, Defendant stopped paying. Id. THIS MOTION 10. This lawsuit was filed to collect the amount due from Defendant. See Decl. of J. Conklin ¶8, Exhibit A. 11. Because Defendant failed to comply with the terms of the Agreement, the Trust Funds had to employ the services of attorneys McJessy, Ching & Thompson, LLC to file a lawsuit to compel Defendant’s compliance with the Agreement. As a result, the Trust Funds incurred attorney’s fees and costs. Under the terms of the Agreement, Defendant is liable for the

auditor’s fees and attorney’s fees and costs. See Decl. of J. Conklin ¶10, Exhibit A. 12. ERISA provides that the Trust Funds have the right to recover interest and liquidated damages or double interest whichever is greater. See 29 U.S.C. §1132(g)(2)(C)(i) & (ii); Moriarty v. Svec, 429 F.3d 710, 721 (7th Cir. 2005) (“In an action ‘involving delinquent contributions . . . the court shall award the plan . . . interest on the unpaid contributions, [and] an amount equal to the greater of interest on the unpaid contributions, or liquidated damages[.]’”); R.R. Maint. v. Elanar Constr. Co., 2017 U.S. Dist. LEXIS 239249, *4 (“Because Plaintiff's liquidated damages amount to less than the interest accrued, Plaintiff is entitled to double interest instead of interest and liquidated damages pursuant to ERISA, 29 U.S.C. § 1132(g)(2)(C).”). Here, the amount of interest is greater, so Trust Funds are entitled to recover double interest. See Decl. of J. Conklin ¶11, Exhibit A. 13. Accordingly, the amount owed by Defendant is $58,041.12 which includes $20,560.88 in unpaid contributions, $26,699.64 in double interest, $8,104.60 in auditors’ fees,

and $2,186.00 in attorney fees and $490.00 in costs as follows: A. Defendant owes the Trust Funds unpaid fringe benefit contributions of $20,560.88, see Decl. of J. Conklin ¶7, Exhibit A; 29 U.S.C. §1132(g)(2)(A); B. Defendant owes the Trust Funds double interest of $26,699.64 on the amount that is due, see Decl. of J. Conklin ¶11, Exhibit A; 29 U.S.C. §1132(g)(2)(B) & (C)(i); C. Defendant owes the Trust Funds auditor’s fees of $8,104.60 incurred by the Trust Funds to date to complete the audit of Defendant’s books and records, see Decl. of J. Conklin ¶12, Exhibit A; 29 U.S.C. §1132(g)(2)(E); Trs. of the Chi. Plastering Inst. Pension Trust v. Cork Plastering Co., 570 F.3d 890, 902 (2009) (“This court, among others, has construed the latter provision [29 U.S.C. §1132(g)(2)(E)] to include an award of audit costs.”); D. Defendant owes the Trust Funds reasonable attorney’s fees of $2,186.00 and costs of $490.00 incurred in this action, see Decl. of J. Conklin ¶10, Exhibit A, Decl. of K. McJessy ¶¶5-7, Exhibit B; 29 U.S.C. §1132(g)(1) and §1132(g)(2)(D); and E. Defendant owes the Trust Funds reasonable attorney’s fees and costs incurred by Trust Funds in enforcing this order; see Free v. Briody, 793 F.2d 807, 808-09 (7th Cir. 1986). WHEREFORE, the Trust Funds respectfully request that the Court enter judgment in their favor and against Defendant in the amount of $58,041.12 for: A. unpaid fringe benefit contributions of $20,560.88; B. double interest of $26,699.64 on the amount that is due; C.

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Mid-America Carpenters Regional Council Pension Fund, Mid-America Carpenters Regional Council Health Fund, Mid-America Carpenters Regional Council Apprentice and Trainee Program, and Mid-America Carpenters Regional Council Supplemental Retirement Fund v. Bill Welding & Fabrication, LLC, an Illinois limited liability company doing business as BWF Construction and doing business as BWF Development, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mid-america-carpenters-regional-council-pension-fund-mid-america-ilnd-2026.