Aurora software developer says Vail app company owes it more than $80K

ResortApp helps vacationers find a variety of travel information and track the locations of friends or family. (Submitted)

An aspiring vacation startup has discovered that having to pay its bills is no sunset walk on the beach.

Software developer PermuSoft Corp. twice has sued ResortApp, a vacation guide app based in Vail, over the startup’s failure to pay for contracted work that now totals more than $80,000.

The most recent lawsuit was filed Oct. 29 in Boulder County District Court.

Reached Tuesday, ResortApp founder Joseph Cleary declined to comment.

Aurora-based PermuSoft originally sued ResortApp in Denver County District Court in December 2017, saying the startup had failed to pay multiple invoices related to PermuSoft’s work on its app in 2014 and 2015.

In June of this year, the court ruled in favor of PermuSoft.

In August, the two businesses struck an agreement that would allow ResortApp to pay the $87,838 it owed to PermuSoft in installments. The plan called for ResortApp to make $2,500 payments on Sept. 15 and Oct. 15.

The second lawsuit, which in addition to ResortApp also names Cleary and Cleary Capital Group as defendants, alleges ResortApp failed to meet those deadlines, and thus far has paid PermuSoft only $1,000.

PermuSoft said it is now entitled to receive the full unpaid balance, plus a 5 percent late fee on missed payments and 18 percent annual interest, as well as attorney fees.

Cleary started ResortApp in 2013 and advertised the app as a service for vacationers to find deals, trail maps, restaurant info and parking availability, and track the locations of friends or family. The app is still available in the Apple app store.

Cleary Capital Group is a commercial loan brokerage and private equity firm located at 1515 Wynkoop St. in Denver, according to its website.

Keith Edwards and Colleen Koch with Boulder’s Hutchinson Black and Cook are representing PermuSoft.

POSTED IN Law, News, Startups, Top News

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