Daily Camera (Boulder)

Mariahcorp sued over nonpayment on plans

- By Katherine Stahla Bizwest / Daily Camera

Dallas-based architectu­re firm HKS Inc. is suing Mariahcorp LLC, alleging nonpayment for its services in designing a hotel and conference center for the ambitious Barnett Parke developmen­t.

Barnett Parke advertises itself as a futuristic community with 38 mid- to highrise buildings in the Denver metro area. The brochures for the developmen­t emphasize its commitment­s to sustainabi­lity, including plans for 100% solar power, a synthetic water replacemen­t for water features and a monorail.

HKS alleges that Mariah

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Corp, a company bearing a Westminste­r address in Secretary of State records, paid only a portion of an agreed fee of $120,000; HKS is suing over the remaining $80,000. In documents filed with Broomfield County District Court May 9, HKS also alleges that Mariahcorp requested additional services at no additional charge even after being requested to pay fees to HKS.

HKS alleges fraud, entering into evidence emails from Mariahcorp representa­tives promising to pay by certain dates that were then missed. The lawsuit alleges these claims were made to avoid the account being sent into collection­s.

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Documents filed by HKS also call into question what level of funding the Barnett Parke developmen­t has secured. Line 42 of the initial complaint alleges that Mariahcorp misreprese­nted its funds in order to delay payment.

“Defendants knowingly falsely represente­d the status of the funding of the project and actively undertook efforts to conceal that status,” court filings say.

In response to the lawsuit, Mariahcorp CEO Randall Barnett pointed to the departure of Mariahcorp’s controller as the cause.

“I’m sure it will be taken care of fairly quickly. We have a lot of invoices run through, and I think they’ll

dailycamer­a.com find that we very seldom ever have something fall through the cracks like that. We have an otherwise perfect record,” Barnett said.

HKS Inc.’s counsel did not respond to requests for comment.

The address associated with Mariahcorp, 14330 Zuni St. Parkway (sic), is open space owned by the city of Westminste­r. Mckay Overlook LLC, another entity associated with Barnett, sold the parcel to Mariners Strategic Fund II LLC in 2011, which sold it to the city of Westminste­r in 2012.

“I think somebody forgot to change the address in the Secretary of State system,”

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A $750,000 grant from the Outdoor Recreation Legacy Partnershi­p program will help develop Violet Park in north Boulder.

The program, funded through the Land and Water Conservati­on Fund, enables urban communitie­s to create new outdoor recreation spaces, reinvigora­te existing parks and form connection­s between people and the outdoors in economical­ly underserve­d communitie­s, according to a news release from Rep. Joe Neguse, D-lafayette.

With the funding, the park will provide an interactio­n adventure playground pavilion and plaza area, climbing features, nature exploratio­n, a community garden with native and sustainabl­e plant demonstrat­ions, a small bike pump track and areas of passive recreation with nature paths, the release states.

The 7-acre parcel is currently an undevelope­d natural park.

“Here in Colorado, access to the outdoors is integral to our livelihood­s. I am thrilled to see this initiative garner support and can’t wait to see how this developmen­t expands outdoor access to everyone in our community,” Neguse stated in the release. “Preserving our public lands and investing in our outdoor recreation economy is an ongoing task, and we must continue to make sure voices of our local communitie­s are heard and supported.

Boulder is one of 26 cities to receive this federal funding.

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