The 320 Fillmore building, seen here on Jan. 17, 2024. (Maia Luem/BusinessDen)
A local architecture firm accused of doing shoddy work in Cherry Creek said that allegation is “frivolous, groundless and vexatious” — so it is countersuing for $235,000.
Fillmore @ Third is the name of a four-story building at 320 Fillmore St. that has 50,000 square feet of office space above ground-floor retail and underground parking. Chicago’s Midwest Property Group developed it and Denver’s 4240 Architecture designed it.
Those two firms have had a falling out of late, culminating in Midwest Property Group’s decision to sue 4240 for breach of contract and negligence last month. MPG alleges that an inexperienced 4240 architect left behind a list of design flaws at 320 Fillmore St.
“The deficient performance by 4240 delayed completion of the project and has caused MPG to suffer significant damages,” the developer claimed in its Denver District Court lawsuit.
4240 has pushed back against the allegations, first in comments to BusinessDen last month and then in a counter lawsuit July 8. The architecture firm claims that it is MPG who has breached their contract, by not paying $235,150 for 4240’s work on Fillmore @ Third.
“Enforcement of the promises made by MPG is necessary to avoid injustice,” it wrote.
4240 denies that its designs were flawed or led to unnecessary delays and costs. It said that several employees worked on the project under the direction of a licensed architect. 4240 admitted that it walked away from the project, but said that was due to nonpayment.
“Some or all of (MPG)’s claims are frivolous, groundless and vexatious,” the local firm alleged in last week’s countersuit, “and are subject to sanctions.”
4240 is also asking Judge David Goldberg to let it foreclose on the mechanic’s lien that it filed at 320 Fillmore. On July 8, it filed a lis pendens on the property — a legal document that prevents MPG from selling, transferring or otherwise dealing the property that it developed.
4240’s lawyers are Michael Decker and Eric Lee at the firm Murphy & Decker in Denver.
MPG’s lawyer is Jonathan Pray in the Denver office of Brownstein Hyatt Farber Schreck. He and Jay Javors, the founder of MPG, did not answer requests for comment.
Fillmore @ Third, meanwhile, is fully leased. Its retail space will be occupied by Garbarini, a women’s boutique, and Mendocino Farms, a national sandwich-and-salad chain. Office tenants are Mission Hill Hospitality, the venture capital firm Konvoy, and Cobbs Allen Capital.
The 320 Fillmore building, seen here on Jan. 17, 2024. (Maia Luem/BusinessDen)
A local architecture firm accused of doing shoddy work in Cherry Creek said that allegation is “frivolous, groundless and vexatious” — so it is countersuing for $235,000.
Fillmore @ Third is the name of a four-story building at 320 Fillmore St. that has 50,000 square feet of office space above ground-floor retail and underground parking. Chicago’s Midwest Property Group developed it and Denver’s 4240 Architecture designed it.
Those two firms have had a falling out of late, culminating in Midwest Property Group’s decision to sue 4240 for breach of contract and negligence last month. MPG alleges that an inexperienced 4240 architect left behind a list of design flaws at 320 Fillmore St.
“The deficient performance by 4240 delayed completion of the project and has caused MPG to suffer significant damages,” the developer claimed in its Denver District Court lawsuit.
4240 has pushed back against the allegations, first in comments to BusinessDen last month and then in a counter lawsuit July 8. The architecture firm claims that it is MPG who has breached their contract, by not paying $235,150 for 4240’s work on Fillmore @ Third.
“Enforcement of the promises made by MPG is necessary to avoid injustice,” it wrote.
4240 denies that its designs were flawed or led to unnecessary delays and costs. It said that several employees worked on the project under the direction of a licensed architect. 4240 admitted that it walked away from the project, but said that was due to nonpayment.
“Some or all of (MPG)’s claims are frivolous, groundless and vexatious,” the local firm alleged in last week’s countersuit, “and are subject to sanctions.”
4240 is also asking Judge David Goldberg to let it foreclose on the mechanic’s lien that it filed at 320 Fillmore. On July 8, it filed a lis pendens on the property — a legal document that prevents MPG from selling, transferring or otherwise dealing the property that it developed.
4240’s lawyers are Michael Decker and Eric Lee at the firm Murphy & Decker in Denver.
MPG’s lawyer is Jonathan Pray in the Denver office of Brownstein Hyatt Farber Schreck. He and Jay Javors, the founder of MPG, did not answer requests for comment.
Fillmore @ Third, meanwhile, is fully leased. Its retail space will be occupied by Garbarini, a women’s boutique, and Mendocino Farms, a national sandwich-and-salad chain. Office tenants are Mission Hill Hospitality, the venture capital firm Konvoy, and Cobbs Allen Capital.
