The Docket: Real estate lawsuit roundup for 10.21.21

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

Denver District Court

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

Filed: 10/6/2021

21cv33148

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

Filed: 10/6/2021

21cv33147

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

Filed: 10/6/2021

21cv33157

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

Filed: 10/5/2021

21cv31620

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

Filed: 10/8/2021

21cv31643

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.

Attorneys: Lyndsay S. Ressler and Kaliegh Fields of Ressler Law

Filed: 10/18/2021

21cv31683

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

Filed: 10/8/2021

21CV31133

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

Filed: 10/7/2021

21cv30120

The Docket real estate lawsuit roundup

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

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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