This article first appeared on BusinessDen.com, a press partner of BizWest.
A local architectural firm has counterattacked the developers who accused him to rush the design of a $16 million building in LoHi and the company demands payment for its work there.
Elevate Architecture was sued in late August by Denver-based City Street Investors and Brent Kimball, who developed the office and retail building known as 32V at 2128 W. 32nd Ave.
Elevate has been accused of breaking the law, using the wrong materials, building a parking lot poorly, and skimping on safety features. As a result, the mezzanine is too small, the parking spaces too few, and the sale price $16 million less than it could have been, according to the lawsuit.
But in a countersuit filed Oct. 7, Elevate disputes all of that. His work was not deficient and, if there are any problems at 32V, they were caused by a developer or a contractor, he says.
“Defendant’s work was performed in accordance with the applicable standard of care,” wrote Elevate attorney Francesca Coleman of Denver-based Hall & Evans.
What is not disputed is that 32V was supposed to be built in less than a year, between December 2018 and September 2019, but was not finished until January 2021. Elevate says it was under contract to make 35 site visits and instead had to do twice as many.
“Completion of the project was delayed by nearly 1610.13D months, resulting in additional construction administration services rendered by Elevate,” its countersuit states. “32V (developers) violated the agreement by not compensating Elevate.”
The countersuit doesn’t say how much money the architects are supposed to owe. The company and its lawyers declined to answer this question.
32V has been sold in August 2021 to Asana Partners, a North Carolina company that also owns Larimer Square. The building is 33,000 square feet over three floors.
Its developers are represented by attorneys Stephanie Kanan and Timothy Scalo from the Denver office of Snell & Wilmer. They, and a spokeswoman for City Street Investors, did not respond to requests for comment on Elevate’s countersuit.