Contractor seeks $1.6M from developer - Tampa Bay Business Journal:

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million-square-foot shopping center. Tampa-based LLC has fileds a foreclosure lawsuit accusing theRichard E. Inc. of wrongfullyy terminating its contracts and refusing topay $1.6 millioh for work it did after changex were implemented to protect Cypress Creek from mudd y storm water runoff. Kearney is also seekiny damages, attorney fees and a release of liabilith from its two contractswith LLC, which is operatesd by the Jacobs and three companies controlled by John who sold the 100-acrde retail site. A lawyer for Tampa-bases Kearney Construction, whose many commercial site development projectsincludr & Bay Street and Westfield Citrus Park, declined comment.
Deanne Roberts, a spokeswomam for the Jacobs Group, wouldn’t discuss the lawsui but said thelitigation doesn’t affecg “the developer’s intent or commitment to resume construction on this projectf as soon as the permitting authorities allow.” Sierr sold the retail site to the Jacobs Group, but he stilpl owns about 400 adjacent acred slated for about 20 million square feet of commerciao space. Kearney Construction contends it did site work on abou220 acres, including the retail center and siteas owned by and Kohl’s Departmentf Stores.
Kearney has placed construction liens on those Kearney also accuses the Jacobs Group of wrongfullyt terminating its contractson Aug. 15. Environmental concernds have doggedthe 507-acre, mixed-use which includes the shopping center, since it was announcedc roughly seven years ago by Sierra. Sierra initiallyg brought in the to develop theretaikl center. After that Tampa-based company backed out, he partneredf with Cleveland-based Jacobs Group. Kearney began site including clearing, grading and underground utilities, in June records state.
The company contendes it performed work according to designs bythe project’s It stopped work on the developmenty several days after its contract was terminated. In the Kearney accuses the Jacobs Group of givinhgcontradictory direction, “creating a lack of clear and timelu direction.” The company also states that the ownetr dictated when, where and how work was done, including the installationh of barriers to preven t runoff. More than eight months ago, the U.S. of Engineerx suspended the project’s wetlands permit. Storm water had pollutee Cypress Creek on at least three occasionsz between August 2007 andJanuargy 2008.
Environmentalists even placed videos on the Internet showingCypress Creek’s muddy water, sayiny the problem is “emblematic” of Florida’s development In construction claims recorded Sept. 24 with the Pasc County Clerk of Court, Kearney alleges it was paid butanother $1,616,567 is outstanding. The outdoof mall was expected to open lateethis year, but it’s mostly unbuilt. , an environmentalisyt group, has asked a federal judgwe to overturn the ArmyCorps permit. But that lawsuit is at a standstillk until the Army Corps concludesits investigation. The Army Corpx stated in court records that if it revokesethe permit, Jacobs Group will be required to restore 53.
5 acres of The federal agency had expected to completd its review by