The Docket: Real estate lawsuit roundup for 7.28.22

Adams District Court

Emcor Facilities Services Inc., an Ohio corporation v. South Eagle Flooring LLC
Motion to substitute a $103,937 bond for a mechanic’s lien foreclosure at 9350 Sheridan Blvd. in Westminster, which is a Bed Bath & Beyond location.
Attorneys: Joel D. Heusinger and Laura J. DePetro, Woods Aitken LLP
Filed: 7/12/2022
22cv30916

Lansing Building Products LLC dba Ted Lansing Corporation dba Lansing Building Products Inc. v. K&G Solutions LLC; Greg Gallert aka Greg P. Gallert aka Gregory P. Gallert aka Gregory Gallert
The plaintiff claims the defendants purchased building materials from the plaintiff and still owe $26,120, plus interest and attorney fees.
Attorneys: Bill Peterson, Sarah Young, Jonathan Lebsack and Colin Ksobiech, Miller Cohen Peterson Young P.C.
Filed: 7/14/2022
22cv30927

Michael Elton; Sarah Cameron v. Adams School District 12 aka Adams 12 Five Star Schools
Plaintiffs allege that the defendant’s sprinkler system sprayed on the plaintiffs’ property for years, causing water damage to fencing, a driveway and landscaping, and making the plaintiffs’ yard unusable when the school’s sprinkler was on.
Attorneys: Christopher Alger and Brian A. Murphy, The Murphy Law Firm
Filed: 7/14/2022
22cv30934

ATI Restoration v. Jodi Morales; Lambert and Son; Margo Ann Sack; Robert Sack; Wells Fargo Bank; Lisa Culpepper, Adams County Public Trustee
Foreclosure of a mechanic’s lien at 1573 Myrtle St. in Brighton due to $80,000 in allegedly unpaid work.
Attorneys: Ben M. Ochoa and Paige N. Johnson, Lewis Roca Rothgerber Christie
Filed: 7/22/2022
22cv30976

Arapahoe District Court

Jack Mays v. Lowe’s Home Improvement
The plaintiff claims he was employed by the defendant from June 13, 2018, until Sept. 12, 2021, as a manager at the store located at 14191 E. Jewell Ave. in Aurora and worked 1,872 hours for which he was not paid. He seeks $187,215.
Attorneys: Randall J. Paulsen, Randall J. Paulsen & Associates
Filed: 7/18/2022
22cv31324

Spring Valley Properties v. Caitlyn Mullins; Roinvestments; Cherry Creek Title Services; Rachel Manicki; Academy Mortgage Corporation; Juddy Hernandez; Fairway Independent Mortgage Corporation; Colorado Housing and Finance Authority; Ronald Starzec; Donna Starzec; Does
The plaintiff claims defendants knew about a property foreclosure but concealed this fact from the plaintiff, then used a forged and unrecorded statement of authority to proceed with the transaction and executed an invalid deed of trust.
Attorneys: Jesse Howard Witt and Ryan P. Horace, Frascona Joiner Goodman & Greenstein
Filed: 7/18/2022
22cv31330

Westwood Contractors v. Black Hound Design Company
Petition to substitute a $73,934 bond for a mechanics lien at 8271 S. Quebec St. in Englewood.
Attorneys: Damon M. Semmens and Theodore A. Wells, Allen & Curry P.C.
Filed: 7/20/2022
22cv31353

Boulder District Court

Cavegirl Coffeehouse; Prospect Development Partners; Lori Abramson v. Downtown Prospect Association; Tenacity 4970 Holdings; Whole Sol Longmont
The plaintiffs claim they bought property at 720 100 Year Party Ct. in Longmont and signed an exclusivity agreement that ensured they would be the only seller of “organic coffee, gluten free bakery products and paleo food products” in the neighborhood but now Whole Sol Blend Bar is planning to open in violation of that agreement.
Attorneys: Douglas A. Stevens and Rohn K. Robbins, Caplan & Earnest
Filed: 7/21/2022
22cv30486

Broomfield District Court

Amtrust International Underwriters Ltd., as subrogee of Westlake Builders LLC and Westlake North LLC v. Alpine Lumber Company; Burgess Construction Consultants Inc.; Mozerenn Structural Service Inc.; Zaga Design Group Inc.
The plaintiff alleges the defendants performed shoddy work, leaving defects that caused damage to “townhomes and surrounding common areas located in Broomfield County and known as the Westlake Townhomes” that were insured by the plaintiff.
Attorneys: Jill A. Curry and Leif A. O. Distad, Coombe Curry Rich & Jarvis
Filed: 7/14/2022
22cv30181

Phillip Mcsween; Jennifer Mcsween v. Groundworks Colorado dba Complete Basement Systems
The plaintiffs, a married couple, allege the defendants sold and installed a basement flooring system that was incompatible with the structure of their house at 325 Garnet St. in Broomfield and then refused to admit the error and fix the resulting damages.
Attorneys: Mark W. Nelson and K. Thomas Cantley, Nelson Law Firm
Filed: 7/21/2022
22cv30191

Denver District Court

Deana Bianco; Andrew Morton v. CJM Investments LLC; Christopher Medina; Crown Jade Design and Engineering; Mark Benjamin; Kam Construction LLC; Kris Mahoney; Vivi Gloriod; Homesmart Realty Group; Greta Tesalona; Latitude40
The plaintiffs, owners of a residence at 229 S. Ogden St. in Denver, claim the defendants purchased the home, renovated it and sold it to the plaintiffs but it had major defects, including foundation issues. They seek an undisclosed amount.
Attorneys: Reagan Larkin and Trent Cromartie, Messner Reeves LLP
Filed: 7/14/2022
22cv31973

Maria Leticia Gonzalez Dorado v. American Capital Holdings LLC
Plaintiff alleges that the defendant misrepresented to her that the defendant owned the property at 2455 6th St. in Limon that they went into contract on, accepted a $20,000 deposit, and then failed to schedule its closing and terminated the contract.
Attorneys: Refugio Perez and Alex M. Pass, Hamilton Faatz PC
Filed: 7/18/2022
22cv31993

East Elm Colfax LLC v. Crush Wing + Tap LLC; Jason McGovern
Eviction. The plaintiff claims it rents 5001 E. Colfax Ave. in Denver to the defendants, who have not complied with the terms of the lease.
Attorneys: Amanda H. Halstead, Mills Halstead & Zaloudek
Filed: 7/7/2022
22cv31902

I Kota LLC v. TRaCT Interiors LLC
Petition to substitute a $217,908 bond for a mechanic’s lien foreclosure at the Pancratia Hall Lofts, 3001 S. Federal Blvd., in Denver.
Attorneys: Michael E. Bonifazi, Kutak Rock LLP
Filed: 7/19/2022
22cv32002

Russell Square Consulting Inc. v. EJC Roofing LLC
Petition to substitute a $18,450 bond for a mechanic’s lien foreclosure at the Strata Apartments, 16505 Green Valley Ranch Blvd., in Denver.
Attorneys: Joseph L. Lambert, Hogan Lovells
Filed: 7/22/2022
22cv32073

El Carreton LLC v. A&B Construction LLC; Sergio Favela
The plaintiff claims the defendants agreed to build a restaurant at an undisclosed location in Denver and were paid $31,500 but failed to do the work.
Attorneys: Robert H. Miller, Miller & Law P.C.
Filed: 7/26/2022
22cv32089

Douglas District Court

Tresana Condominium Association v. Shea Homes
The plaintiff alleges the defendant neglected to disclose its failure to meet professional construction standards and building codes at a Highlands Ranch building.
Attorneys: T. Cass McKenzie, Joshua B. Fitzpatrick and Keith D. Hoagland, McKenzie Ryan & Mena
Filed: 7/18/2022
22cv30508

Michael Lehr; Lindsey Lehr v. Shane Burke dba Burke Construction and Design
The plaintiffs, a married couple who live at 2260 Quartz Mountain Drive in Larkspur, claim they paid the defendant $86,140 for a deck remodel there but the project was only partially completed, forcing them to pay another contractor $79,995 to finish.
Attorneys: Lindsay J. Obert, Folkestad Fazekas Barrick & Patoile P.C.
Filed: 7/19/2022
22cv30516

Midwest Family Mutual Insurance Co. v. Counter Measures; Great Western Granite; Sharron Szpunar; Stephanie Szpunar; Todd Szpunar; Wendy Szpunar
Plaintiff claims the defendants were paid $44,106 to install granite countertops at 3235 Mill Vista Road in Highlands Ranch and that the countertops cracked and broke.
Attorneys: W. Bryant Bodie and Colin Enger, Bodie Enger Law
Filed: 7/21/2022
22cv30533

Sky Built v. Custom Deck Solutions; Aaron Gray
The plaintiff claims the defendant Gray, an independent contractor, operated falsely under the banner of the plaintiff’s company and shifted the plaintiff’s business contracts to his own company, the defendant Custom Deck Solutions.
Attorneys: Cathleen H. Heintz, Harris Karstaedt Jamison & Powers P.C.
Filed: 7/25/2022
22cv30539

Richard Hylton; Michelle Hylton v. Mountainsky Landscaping dba Mountain Sky Landscapes and Hardscapes; Peter Churchill; Shiloh Churchill
The plaintiffs, who own and live at 5510 Sunstone Lane in Castle Rock, claim they hired the defendants to install a concrete patio, waterfall and other landscaping features. The plaintiffs claim they paid $70,000 for the work, which was poorly done.
Attorneys: Bradley D. Damm, The Law Office of Bradley D. Damm
Filed: 7/22/2022
22cv30537

Jefferson District Court

Richard Ball; Rebecca Myers v. Peak to Peak Contracting LLC; Matthew L. Donnelly
The plaintiffs, owners of property at 11856 Navajo Trail in Conifer, claim they prepaid the defendants $54,150 for work that was never completed.
Attorneys: Richard A. Levine
Filed: 7/13/2022
22cv30812

Shaw Builders v. OE Construction Corporation
Petition to substitute bond for a mechanic’s lien. The plaintiff is the general contractor for a project at 8980 Westminster Blvd. in Westminster. The defendant alleges it is owed $123,509 for labor or materials and has a lien on the property. The plaintiff would like to substitute a bond of $185,262.
Attorneys: Michael J. Decker and Eric M. Lee, Murphy & Decker P.C.
Filed: 7/15/2022
22cv30817

Frontline Construction v. Bended Page; Bank OZK fka Bank of the Ozarks; Westminster Hotel
The plaintiff claims it did work on the new Tattered Cover Book Store and Bar at the Westminster Hotel, 8885-8895 Westminster Blvd. in Westminster, but hasn’t been paid the $122,829 it is owed for that work.
Attorneys: Max S. Stich, Tiemeier & Stich
Filed: 7/15/2022
22cv30819

Star Builders v. Altitude Plumbing; Prince Insurance Group; James Prince; Alexis Martinez
The plaintiff, which leases property at 8104 Chase Drive in Arvada as a daycare, claims it hired the defendant Altitude to perform plumbing but shoddy work caused “water damage and mold damage in both the upper level and basement level of the property.”
Attorneys: Robert Abrams and Kyle Thompson, Abrams & Associates
Filed: 7/18/2022
22cv30823

Bear Creek TIC v. King of Aquariums; Luke D. Johnson
Lease dispute. The plaintiff claims it owns property at 3234 S. Wadsworth Blvd. in Lakewood and leased the property to the defendants, who failed to pay rent one month, left before their lease expired, refused to pay the balance on an HVAC unit, and damaged the property on their way out. The plaintiff seeks undisclosed damages.
Attorneys: James B. Lapin, Robinson Waters & O’Dorisio P.C.
Filed: 7/18/2022
22cv30825

RS Thierman Investments v. La Posadita Mexican Grill; Diana Gonzalez
The plaintiff, a landlord for property at 14025 W. Colfax Ave. in Lakewood, claims the defendants were tenants who closed their restaurant soon after opening in February and haven’t paid monthly fees since.
Attorneys: Robert C. Podoll, Podoll & Podoll P.C.
Filed: 7/20/2022
22cv30832

JBC Enterprises v. BEC Barajas Excavating Construction
Petition to substitute a $252,578 bond for a mechanics lien at 2100 Youngfield St. in Lakewood.
Attorneys: Michael J. Decker and Eric M. Lee, Murphy & Decker P.C.
Filed: 7/19/2022
22cv30830

Britton Hummell v. Verna Hansen; Verna Hansen Trust; Quicken Loans; Jerry Ditullio, Jefferson County Public Trustee
Foreclosure of mechanic’s lien at 6412 W. Indore Place in Littleton due to a $13,500 balance.
Attorneys: Herbert Delap, Glade Voogt Lopez Smith Felser P.C.
Filed: 7/20/2022
22cv30833

U.S. Bankruptcy Court for the District of Colorado

B.E.C Barajas Excavating Construction, LLC
The company, a Denver-based excavator, filed for Chapter 11 bankruptcy. The company has $4.8 million in assets and $4.6 million in liabilities.
Attorneys: Katharine Sender, Cohen & Cohen P.C.
Filed: 7/17/2022
22-12574

U.S. District Court for the District of Colorado

Hanover Insurance Company, as subrogee of Reed Saulsbury LLC v. Topbuild Corp. dba Allied Insulation
The plaintiff is subrogee of Reed Saulsbury, which it claims owned property at 990 Saulsbury St. in Denver and hired the defendant as a subcontractor during the renovation and construction of an assisted living and memory care facility. The plaintiff alleges a sprinkler pipe in the attic of the property burst, resulting in water escaping from that pipe, due to the defendant’s improper insulation.
Attorneys: Brad M. Gordon, Grotefeld Hoffmann
Filed: 7/18/2022
1:22cv1771

The Docket real estate lawsuit roundup

Adams District Court

Emcor Facilities Services Inc., an Ohio corporation v. South Eagle Flooring LLC
Motion to substitute a $103,937 bond for a mechanic’s lien foreclosure at 9350 Sheridan Blvd. in Westminster, which is a Bed Bath & Beyond location.
Attorneys: Joel D. Heusinger and Laura J. DePetro, Woods Aitken LLP
Filed: 7/12/2022
22cv30916

Lansing Building Products LLC dba Ted Lansing Corporation dba Lansing Building Products Inc. v. K&G Solutions LLC; Greg Gallert aka Greg P. Gallert aka Gregory P. Gallert aka Gregory Gallert
The plaintiff claims the defendants purchased building materials from the plaintiff and still owe $26,120, plus interest and attorney fees.
Attorneys: Bill Peterson, Sarah Young, Jonathan Lebsack and Colin Ksobiech, Miller Cohen Peterson Young P.C.
Filed: 7/14/2022
22cv30927

Michael Elton; Sarah Cameron v. Adams School District 12 aka Adams 12 Five Star Schools
Plaintiffs allege that the defendant’s sprinkler system sprayed on the plaintiffs’ property for years, causing water damage to fencing, a driveway and landscaping, and making the plaintiffs’ yard unusable when the school’s sprinkler was on.
Attorneys: Christopher Alger and Brian A. Murphy, The Murphy Law Firm
Filed: 7/14/2022
22cv30934

ATI Restoration v. Jodi Morales; Lambert and Son; Margo Ann Sack; Robert Sack; Wells Fargo Bank; Lisa Culpepper, Adams County Public Trustee
Foreclosure of a mechanic’s lien at 1573 Myrtle St. in Brighton due to $80,000 in allegedly unpaid work.
Attorneys: Ben M. Ochoa and Paige N. Johnson, Lewis Roca Rothgerber Christie
Filed: 7/22/2022
22cv30976

An excavator files for bankruptcy, a coffeehouse fights its landlord to block a competitor, and subcontractors are accused of shoddy work on townhomes.

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