Fired contractor sues for wrongful termination
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posted by Bob at Thursday, May 01, 2008
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Thursday, May 01, 2008
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10 Comments:
Farmers' Market Flats is stalled again
By Alex Friedrich
afriedrich@pioneerpress.com
Article Last Updated: 04/29/2008 12:14:04 AM CDT
The contractor fired from the indoor St. Paul Farmers' Market and condo project over a financial dispute has sued the developer, the city and the bank financing the project, demanding more than $1.1 million.
Gerry Flannery said developer Brian Sweeney wrongfully terminated his contract and still owes him for work and materials, according to the lawsuit.
Flannery also claims the city has effectively "blackballed" him from future contracts because of the dispute and warned other companies not to work with him if their projects use city money, the complaint states.
Flannery Construction of St. Paul "has lost significant projects, suffered millions of dollars in lost revenue and incurred damages in an amount to be proved at trial," his attorney wrote in papers filed last week.
Flannery asked the Ramsey County District Court to force the city to stop cutting him out of work and to release him from at least two agreements related to the farmers' market/condo deal.
The suit is the latest twist in an already troubled project. Once admired for its ability to attract interest in a slow market, Farmers' Market Flats has stalled since work on the Lowertown development stopped in February, and it's unclear when work will resume.
Flannery Construction vice president and spokesman Tom Yardic did not immediately return a call requesting comment Monday evening.
Sweeney, head of Sweeney Development, said, "Mr. Flannery appears to have declared war on the city of St. Paul.
At the end of the day, we are confident that the evidence will prove that there is one party in default of construction, city and bank contracts."
St. Paul City Attorney John Choi said, "We are confident that the city did nothing wrong."
Attempts to reach Maple Bank president Fizal Kassim on Monday evening were unsuccessful.
Sweeney Development formerly dismissed Flannery Construction from the $11 million project in March after two work stoppages by the contractor. They were arguing over who was to pay up to $2 million in extra costs.
Flannery officials have said they were legally allowed to stop working because Sweeney is behind in payments to them and hasn't been able to secure total funding from the bank.
But city and bank officials have said Flannery is supposed to foot the bill.
St. Paul, which has invested at least $900,000 in the project, tried unsuccessfully months ago to broker a lasting compromise between the companies.
Sweeney has since teamed with Frerichs Construction of St. Paul. The two have been working for more than a month to put together another construction proposal, but so far nothing has been announced.
Natalie Fedie, spokeswoman for the city's Department of Planning and Economic Development, said the project "is not dead. We're still exploring our options."
Sweeney said he's "committed" to finishing the project by spring 2009.
Alex Friedrich can be reached at 651-228-2109.
The standard line for the city Attorney is that they haven't done anything wrong, but yet it seems as if everyone in town is declaring war on the city of St Paul. Maybe it's time for new leadership around here.
The city never does anything wrong do they? People are just sick of their shit and starting to sue a lot more it seems.
OK folks read this slowwwwllly.
Sweeny and Flannery were partners.
Sweeny and Flanney have a dispute over who is responsible for a 2 milion dolar payment.
The City appears to think Sweeny is right and must have said so to someone.
Flannery sues both Sweeny and the City and Sweeny's bank and anybody who knows Sweeny.
Hmmm how much skin do you think the City has in this one?
Not a lot I'm guessing.
JMONTOMEPPOF
Chuck Repke
They forgot to sue you Chuck!
What about the accusation tht the city "blackballed" the guy Chuck?
Chuck knows everything, and in with both Coleman's the city council, city workers, DFL leaders.
Did I miss anyone.
Repke and Eric are the walking, talking hands on version of Edem.
What about Wally Nelson and Renovation Inc.? mantioned on thi blog in the Archives
Flea Markets run by the city or county?
What about the Como-Shaw Lumber, Hmong Markets, who apparantly lost their lease's
Its scary to do business in St. Paul
1,800 vacant buildings, is it an Anti-Trust to steal Familys for Public Housing to inflate Federal Compensations or Sec. *8?
City Council Agenda May 7th.
3. Summons and Complaint in the matter of Flannery Construction, Inc. and Gerard
Flannery vs. the City of Saint Paul, et al.
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