The developer of the Aloft hotel in Deep Deuce is suing a Tulsa contractor alleging months of delays and damages exceeding $1 million during the fabrication and installation of concrete panels.
New Century Investments, led by Jim Thompson, alleges in the suit filed in Oklahoma County District Court that Tulsa Dynaspan started the job with “inadequate” manpower and equipment. The suit also alleges that when Dynaspan's delays caused a steel contractor to drop from the job, Dynaspan promised to cover the additional work.
Instead, New Century alleges Dynaspan submitted an invoice for final payment without completing its own work or starting steel erection. The suit also alleges Dynaspan changed field superintendents on the job five times before abandoning the site when New Century withheld final payment of $149,450.
Phil Rush, president of Dynaspan, declined to comment on the allegations Monday. Dynaspan's website shows the company was started in 1980 and that past projects include the Harkins Theater in Lower Bricktown.
“We have filed a lien on the property,” Rush said. “We filed last week. A lien is filed to protect subcontractors and suppliers from nonpayment for work performed. That's as far as I can comment since a lawsuit has been filed.”
Thompson also declined to comment on the lawsuit. He said the hotel, which was scheduled to open earlier this year, is now set to open in November.
When the Aloft hotel was announced in 2010, it was considered the most ambitious of several limited-service hotels being built in Deep Deuce and adjoining Bricktown.
The 135-room hotel is to include an open-air rooftop dining terrace, sports grill, coffee shop, restaurants and boutique retail.
While the lawsuit alleges some of the work done by Dynaspan was “substandard,” New Century's attorney Marvin Laws told The Oklahoman the filing does not allege any structural issues with the hotel.
“To the extent that there were construction issues, New Century, the owner, has taken the steps to make sure they were corrected and built in accordance with plans and industry standards,” Laws said. “We hope it will get complete pretty quick and make sure it's a gleaming example of all the things that are right with Oklahoma City.”