The filing from the judge came after a number of requests for extensions of time for the multiple defendants to respond to the plaintiff.
A “complex litigation” is defined as a case that presents unique challenges, such as the complexity of the case, the quantity or nature of documents at issue or the number of parties involved. Powers said in addition to seven parties involved, the number of parties requesting additional time to respond and the number of pages in just the initial complaint (300-plus), qualifies as “complex litigation.”
This civil suit mostly surrounds the catastrophic collapse of what was called Building 500, a field dome that was to be a pre-engineered metal building. On March 26, 2021, strong winds blew through Hamilton, leveling all the steel beams erected. No one was injured in the collapse, but neighbors told the Journal-News then it sounded like a bombing.
PCS claims in their suit that Champion Mill Land LLC failed on a number of fronts, including to properly insure the project and give written notice about an intent to allegedly purchase noncompliant builder’s risk insurance prior to the start of the Spooky Nook project. PCS had been unsuccessful in their attempts to recoup what they say their owed as it’s related to the collapse.
The lawsuit also claims Spooky Nook “materially breached” its contract by failing to provide an additional timeline for performance, being delinquent on outstanding approved payments, and failing to “timely finance the project.”
Overall, PCS claims Champion Mill and Beiler owe more than $11.9 million in damages.
In addition to the lawsuit, PCS has filed two liens against Spooky Nook, an $11.9 million-plus lien against Mill 1, the sports complex, on Feb. 20, and a $3.96 million lien against Mill 2, which include the conference center and hotel, according to Butler County records.
Eight subcontractors have collectively filed 10 liens on one or both projects. Nearly $3.47 million in liens were filed against Mill 1 and more than $2 million in liens against Mill 2, according to county records.
Spooky Nook said they remain open despite the lawsuit, and the vacation of the contractor and subcontractors from the site.
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