Main Street plaza developers served with lawsuit

by Andrew Travers, Aspen Daily News Staff Writer

The Millennium Plaza construction project on Main Street has long been the subject of heated debate among Aspen’s citizenry and City Council. Now it is headed for court, where the builders and owners of the four-story, mixed-use complex-to-be will attempt to settle a disputed multimillion-dollar contract.

The project’s general contractor, Silich Construction, filed a suit last week after the owners of the building fired them.

The contractor’s suit alleges that the owners — Lowell Meyer and Millennium Plaza LLC — refused to pay them as plans for the building changed during the City Hall permit approval process.

They are claiming, in part, breach of contract, breach of a covenant of good faith and unjust enrichment. They are asking for a jury trial and an unspecified amount of settlement money and court fees.

Millennium Plaza replaced a one-story building and a patch of land and trees across Galena Street from the Pitkin County Courthouse. It was approved by Aspen City Council in March 2005, after voters shot down a proposal that would have put a visitor center on the site.

Silich was hired April 19, 2006, for $3.15 million and construction was to begin five days after the city issued a building permit. But the permit was not issued until June of last year after the city had altered their blueprints, and, the suit claims, the amendments “required substantial changes to the initial plans.”

Additionally, the suit claims the owners requested a number of additions to the building plan, including raising the height of apartment dining rooms ($10,857.77), upgrading elevator quality ($2,654.88), adding a penthouse ($1,405,016.75) and adding heated floors to the added penthouse ($32,159).

The suit claims these additions were verbally approved by the owners, but that they refused to pay for them.

andrew@aspendailynews.com