Wyoming Hotel Initiates Lawsuit Against Construction Builders
The Upton Wyoming Hotel, LLC (UWH) initiated a lawsuit against BriMark Builders Construction, the construction company hired by UWH to build a new Cobblestone Hotel in Upton, Wyoming according to a press release from the manager of UWH.
UWH was created by the Upton Economic Development Board (UEDB), along with local business and community leaders, to develop a hotel in Upton. The new hotel is intended to be a 22,750 square foot, 2-story, Cobblestone Inn & Suites®with 45 units including standard rooms and four 2-room extended stay suites.
Pictured is a design of what the finished hotel will look like.
“BriMark is a builder that was brought to us by the Cobblestone franchise,” said John Marshall, Manager of UWH. “They were supposed to be the experts of building rural hotels such as this one. Within months of breaking ground, BriMark has suffered unexpected overages of nearly $500,000 and they haven’t even poured the foundation yet.”
Under the contract, BriMark must first seek a change order before undertaking work that is outside of the plans and specifications. Sometime before breaking ground, BriMark learned that they needed a complex pier system due to the soil conditions. BriMark, however, never disclosed the cost to UWH before breaking ground.
BriMark then poured the piers without authorization from UWH.
“UWH has been attempting to resolve the issues with BriMark, however, they have refused to engage in a meaningful dialogue or consent to mediation like the contract requires. Because of this, we felt the company had no option but to file a lawsuit,” states Marshall.
“UWH was created with the help of UEDB who graciously made the land available for the project. Because of this, UWH’s social charge is more than building a profitable hotel, we owe the community of Upton a hotel of the highest quality. Unfortunately, this dispute will delay the hotel’s completion. Despite the delays, we are committed to finishing the project and will do so as soon as we resolve this dispute.”
UWH has chosen to file their Complaint in Wyoming’s Chancery Court. The Chancery Court is a newly-created court in Wyoming and its charge is to resolve business disputes on a very shortened basis. State law requires that a majority of lawsuits filed in Chancery Court reach resolution within 150 days. Any further questions should be directed to John Marshall, Manager of the Upton Wyoming Hotel, LLC (651) 353-6655 or to JMarshall@GoldenShovelAgency.com.