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Builders Sued Over Wages

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By KEVIN WIATROWSKI

kwiatrowski@tampatrib.com

Published: October 24, 2008

WESLEY CHAPEL - The developers of Cypress Creek Town Center have been sued for alleged unpaid wages by the company that did earth-moving on the 510-acre site.

Tampa-based Kearney Construction Co. says in its civil lawsuit, and an accompanying lien, that the developers of the mall owe Kearney more than $1.6 million for work done to prepare the former cattle ranch at State Road 56 and Interstate 75 for development.

The unpaid wages were part of Kearney's $4.3 million bill for work on the property under development by Cleveland-based Richard E. Jacobs Group and Sierra Properties of Tampa.

Kearney also has named Target Corp. and Kohl's Department Store - two anchors of the planned mall - in its lawsuit. In addition to seeking its money, Kearney accuses the mall developers of breach of contract for ending its relationship with Kearney in mid-August.

"This will not hold up the project," said Jacobs spokeswoman Deanne Roberts. "The developer will resume construction as soon as the permitting authorities allow."

The filings by Kearney are the latest problem for the troubled mall project, which has been on hold for most of the year after running afoul of environmental regulations in January.

That was when 5 inches of rain fell on the site, overwhelming the on-site drainage system. Muddy water from the construction site polluted Cypress Creek with silt for the second time in less than a year.

Kearney's lawsuit paints a picture of developers struggling to deal with the results of those storms.

Kearney says in its lawsuit that the developers ignored its workers' suggestions about dealing with the damaged retention pond that caused the creek flooding. Kearney also says its crews got contradictory directions from the developer and its consultant dealing with the site's problems.

In February, the U.S. Army Corps of Engineers suspended Jacobs' federal wetland permit, which allowed it to fill more than 50 acres of wetlands on the former pasture. Without the permit, Jacobs was forbidden from working on the filled areas, some of which lay in the path of the project's main entrance road off S.R. 56.

Army Corps officials have given no indication of when they might resolve their problems with Jacobs and Sierra Properties regarding the site, which straddles S.R. 56 just west of I-75.

In the meantime, a federal judge in June threw out a lawsuit by the Sierra Club challenging the Army Corps' permit allowing Jacobs and Sierra Properties to fill wetlands on their property. The judge said the Sierra Club can refile its suit after the Corps sorts out its issues with the Cypress Creek Town Center's wetland permit. While work on the mall site has been suspended, Jacobs has spent much of this year widening State Road 54 between U.S. 41 and Wesley Chapel Boulevard, per its development deal with Pasco County.

That $17 million project should wrap up at the end of the year. That project has added two new lanes to S.R. 54, new pedestrian boardwalks along both sides of the highway near Cypress Creek Road and new signals and the three-way junction of S.R. 54, S.R. 56 and Wesley Chapel Boulevard.

Reporter Kevin Wiatrowski can be reached at (813) 948-4201.

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