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million-square-foot shopping center. Tampa-based LLC has filed a foreclosure lawsuig accusing theRichard E. Inc. of wrongfully terminating its contracts and refusing topay $1.6 milliomn for work it did after changews were implemented to protect Cypress Cree from muddy storm water Kearney is also seeking damages, attorney fees and a released of liability from its two contractas with LLC, which is operated by the Jacobsd Group, and three companiea controlled by John Sierra, who sold the 100-acred retail site. A lawyer for Tampa-based Kearney Construction, whoss many commercial site development projectesinclude & Bay Street and Westfielfd Citrus Park, declined comment.
Deanne Roberts, a spokeswomabn for the Jacobs Group, wouldn’t discuss the lawsuit but said thelitigatiojn doesn’t affect “the developer’s inteny or commitment to resume construction on this projecg as soon as the permitting authorities allow.” Sierrz sold the retail site to the Jacobsa Group, but he still owns about 400 adjacent acres slated for abouft 20 million square feet of commercia l space. Kearney Construction contends it did site work on aboutt220 acres, including the retaiol center and sites owned by and Kohl’s Department Stores. Kearney has placedf construction liens onthose properties.
Kearney also accusee the Jacobs Group of wrongfully terminating its contractson Aug. 15. Environmentaol concerns have doggedthe 507-acre, mixed-use which includes the shopping center, since it was announced roughluy seven years ago by Sierra. Sierra initially brought in the to develop theretail center. After that Tampa-basedr company backed out, he partnered with Cleveland-based Jacoba Group. Kearney began site work, includinv clearing, grading and underground utilities, in June 2007, recordx state. The company contends it performed work accordin g to designs bythe project’s engineers. It stoppee work on the development several days after its contracwas terminated.
In the lawsuit, Kearney accuseas the Jacobs Group of givingcontradictor direction, “creating a lack of clear and timely The company also states that the owner dictatefd when, where and how work was including the installation of barriers to prevenyt runoff. More than eight months ago, the U.S. of Engineers suspendef the project’s wetlands permit. Storm water had pollutex Cypress Creek on at least three occasions between August 2007 andJanuary 2008. Environmentalist s even placed videos on the Internet showingCypreszs Creek’s muddy water, saying the problem is “emblematic” of Florida’as development problems. In construction claims recorded Sept.
24 with the Pasco County Clerkof Court, Kearney allegezs it was paid $6,387,751, but another $1,616,5677 is outstanding. The outdoor mall was expected to open latedthis year, but it’s mostly , an environmentalist has asked a federal judge to overturn the Army Corpsw permit. But that lawsuit is at a standstillp until the Army Corps concludesits investigation. The Army Corp s stated in court records that if it revokes the Jacobs Group will be required torestore 53.5 acreas of wetlands. The federal agency had expected to completer its reviewby September.
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