District Court, D. Puerto Rico, 2026

The United States of America, as for the use and benefit of Gecon Construction...

The United States of America, as for the use and benefit of Gecon Construction...
District Court, D. Puerto Rico · Decided March 4, 2026
The United States of America, as for the use and benefit of Gecon Construction...

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO THE UNITED STATES OF AMERICA, AS FOR THE USE AND BENEFIT OF GECON CONSTRUCTION INCORPORATED Plaintiff, CIVIL NO. 25-1044 (RAM) v. VISIONARY CONSTRUCTION, INC. D/B/A VISIONARY SERVICES, GREAT MIDWEST INSURANCE COMPANY, SURETY COMPANY “A”, AND INSURANCE COMPANY “B” Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION RAÚL M. ARIAS-MARXUACH, United States District Judge Pending before the Court is defendant Great Midwest Insurance Company’s (“Midwest” or “Defendant”) Motion to Dismiss (“Motion”) (Docket No. 28) and Magistrate Bauzá-Almonte’s unopposed Report and Recommendation (“R&R”) (Docket No. 57).

Having reviewed the record, the Court ADOPTS the Report and Recommendation at Docket No. 57 in its entirety and INCORPORATES it by reference to the present Order. Where, as here, the R&R is very thorough, the Court “finds it unnecessary to ‘write at length’ to repeat what is ‘a first-rate work product.’” Sanchez-Medina v. Unicco Serv. Co., 2010 WL 3955780, at *4 (D.P.R. 2010) (citing Lawton v. State Mut. Life Assu. Co. of Am., 101 F.3d 218, 220 (1st Civil No. 25-1044(RAM) 2

Cir. 1996); In re San Juan Dupont Plaza Hotel Fire Litig., 989 F.2d 36, 38 (1st Cir. 1993)).

Therefore, in accordance with the Magistrate Judge’s recommendation, Midwest’s Motion to Dismiss at Docket No. 28 is GRANTED IN PART and DENIED IN PART. Plaintiff’s claims regarding breach of contract, equitable estoppel, and unjust enrichment are hereby DISMISSED whereas Plaintiff’s Miller Act claim remains pending.

IT IS SO ORDERED.

In San Juan, Puerto Rico, this 4th day of March 2026.

s/Raúl M. Arias-Marxuach_________ UNITED STATES DISTRICT JUDGE

Case-law data current through December 31, 2025. Source: CourtListener bulk data.