The Docket: Real estate lawsuit roundup for 10.21.21
BusinessDen October 21, 2021 0
Adams District Court
Purple Mountain Builders Inc. v. PR II/K Orchard LLC and Hinton Construction Company Inc.
Plaintiff says it provided labor and materials as a subcontractor for the construction and alteration of Orchards Town Center, Westminster, and fully performed all terms and conditions of the contract until June 2021, when it halted work due to non-payment. Plaintiff says the principal amount remaining due is $924,832.83, and it seeks a declaration that it possesses a valid mechanic's lien against the bond, and foreclosure all amounts remaining due.
Attorneys: M. James Zendejas and Brenten A. Ward of Stinar Zendejas Burrell & Wilhelmi
Filed: 10/8/2021
21cv31146
Harding Steel Inc. v. Continuum Market Station LLC and Kiewit Building Group Inc.
Plaintiff says it furnished labor and materials pursuant to contract with Kiewit for the construction of improvements at 1445 16th St., Denver, at the request of the defendants, and there remains an unpaid balance of $155,195.85. Plaintiff requests that its mechanic's lien be foreclosed and the property and improvements thereon be sold, applying the proceeds to plaintiff.
Attorneys: Michael T. Mitchell
Villager Square Center LLC v. LAMAC Unlimited LLC d/b/a The Denver Collection
Plaintiff says defendant has failed to pay monetary obligations due under the lease for 4930 Colorado Blvd., Denver, dated February 2019, and seeks damages at trial. Attorneys: Amanda H. Halstead of Mills Halstead & Zaloudek
Havana Operator LLC and 51st Property Management Group LLC v. JERB Limited
Havana, 51st and JERB, which upon information and belief is in the business of cultivating and/or selling marijuana in Colorado, entered into an asset purchase agreement dated March 24, 2021, that provides that Havana shall sell to JERB, and JERB shall purchase from Havana, the Havana Assets, and that JERB shall assume from 51st the leasehold interest, as defined in the APA. Plaintiffs say they had numerous prospective purchasers attempting to purchase the leasehold interest and Havana assets, but because JERB, a tenant of landlord in an adjacent location, represented it could easily and quickly negotiate and enter into a lease assignment and assumption agreement with landlord, plaintiffs went with JERB rather than proceeding with a sale to another prospective purchaser. Plaintiffs say JERB failed to purchase the Havana Assets from Havana and assume the leasehold interest from 51st Property, failed to pay the sum of $700,000 to 51st and Havana, failed to reimburse 51st for the monthly rent for the interim period, and failed to easily and quickly negotiate and enter into a lease assignment and assumption agreement. Plaintiffs seek full compensatory and consequential damages in an amount to be determined at trial.
Attorneys: Jeremy S. Wysocki of Wysocki Law Group
El Paso District Court
HE Equipment Services Inc. v. Peak Custom Fabrication Inc.
Plaintiff says defendant rented various pieces of equipment and has accrued a balance owed of $54,067.44 as of Sept. 1.
Attorneys: David B. Law of Miller & Law
418 South Tejon LLC v. La Paleta Bar and Daniel Casas Sr.
Plaintiff says defendant has breached the terms of a lease dated Nov. 10, 2020, for premises known as 418 South Tejon St., Suite 140, Colorado Springs, by failing to pay the contractually obligated sums, and asks judgment of $53,348.60
Attorneys: Lyndsay S. Ressler and Kaliegh Fields of Ressler Law
Araco Concrete Contractor v. WDG Interquest; The Hatch Group; Kirkpatrick Bank; The Sherwin-Williams Company; and Copeland Enterprises d/b/a Copeland Precast
Plaintiff says as a subcontractor it provided concrete services for property known as 1820 Democracy Point in Colorado Springs, and as of Aug. 24, Hatch owed plaintiff $165,716.35. Plaintiff seeks an order foreclosing its mechanic's lien.
Filed: 10/18/2021
Denver West Village, L.P. v. SWH Mimi's Café, LLC
Plaintiff says defendant complied with the terms of a lease which dates to June 1998 for a Mimi's Café, formerly located at Denver West Village, Lakewood, until early 2021, when it ceased paying rent, ceased operations at the premises, failed to reopen for business, and abandoned the premises. Plaintiff says defendant is obligated to payments under the lease through July 31, 2024, and seeks damages to be proven at trial.
Attorneys: Colin A. Walker and Paul R. Janda of Fairfield and Woods
Summit District Court
LC Master Offshore Fund LP v. Vail Summit Resorts Inc. and Lionheart BGV Ventures LLC
Plaintiff says in June 2021, the loan for defendant's project matured, but developer defaulted, failing to repay plaintiff under the project loan according to its terms, and currently, more than $17 million is owed and secured by the deed of trust. After the default plaintiff says it approached VSRI, demanding that VSRI subordinate its repurchase option to the plaintiff's deed of trust, as it had agreed to do under the purchase and sale agreement. However, VSRI refused to subordinate, plaintiff says, and seeks a windfall, expecting plaintiff to pursue a foreclosure under its deed of trust, after which time VSRI would presumably attempt to claim a right under the repurchase option to reacquire the property well below the indebtedness due to plaintiff and well below market value. Plaintiff seeks damages associated with VSRI's breach of the purchase agreement; a declaration that, as provided by the terms of the purchase agreement, the repurchase option is inferior to and subordinate to the Deed of Trust; and a declaration that the repurchase option is unenforceable and does not encumber the property.
Attorneys: Patrick G. Compton and J. Matthew Thornton of Ballard Spahr
Subcontractors claim they were stiffed by builders, and one says it is owed nearly $1 million. A Mimi's Café is accused of abandoning a Lakewood property.
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