SandBoxBlogs: Vail Daily "Civil lawsuit related to Vail Four Seasons construction wraps up Friday"

The criminal acts of tortuous interference and unjust enrichment are all too often casually brushed aside by prosecutors and law enforcement as 'civil criminal' acts.  In so many cases in the elite, custom construction world; there couldn't be anything further from  the truth.

Project after project, no matter what the scale, sees owners, developers and investors clawing over each other in order to add one more dollar to their own personal bottom lines.  The builders, trades, vendors, professionals and workers in their path are discarded as collateral damage.  No matter that their businesses, lives, relationships are often destroyed; their characters, reputations and confidence are often shattered as well.

There is nothing worse than pure, unadulterated greed in an owner or developer.  With the exception of those rare breeds that also combine ego, power and often brute political force on top of their greed lust.

The plans on Four Seasons weighed a combined total of nearly 300 lbs.  It took, for something as detailed and all encompassing as painting and wall coverings both interior and exterior; nearly four months to do full takeoffs on.  And that was for nearly every trade as well and counts as the 'free' time one puts in just to bid the job.

The Four Seasons project was troubled with changing hands from day one.  When Layton stepped in, those who were experienced enough in that kind of rodeo arena knew they could trust that their backs were looked after and many returned to the table to enter bid vetting.

Here's to the men and women of Layton Construction.  You are of stellar character.  Your loyalty, your courage to stay the course and your unwavering support of the difference between right and wrong is unsurpassed in the Colorado resort construction scene.  You are welcome in Colorado anytime.

May you not only prevail and finally get your paychecks on Friday.

May you also be vindicated.

Randy Wyrick:
"EAGLE — After almost a year, this week lawyers will stop dancing the Four Seasons fandango.

The most expensive and extensive case in Eagle County history is expected to end Friday. Like most civil disputes, this one's about money — lots and lots of money. It's a story about great big numbers and a great big hotel, although the hotel itself — The Four Seasons Vail — has nothing to do with the lawsuits related to its construction.......

.........“Layton had hundreds of people and millions of dollars invested. Did it occur to you that they were also at risk?” asked Holt.

Layton says the designers and architects were responsible for changes and, therefore, the cost overruns. Layton made changes without her permission, Baek said.

“It is demoralizing and of great concern to everyone working on the job to have to finance the work we are performing for your benefit,” Layton's attorneys wrote......

.........As for Judge Gannett, who likens the Four Seasons case to James Joyce's “Ulysses” — large and panoramic — he calls it “a very complex epic.”

He's paying close attention to each of the millions of details. He must. Tens of millions of dollars could potentially change hands based on his decision...."  (Read more?  Click title)

"Unapologetically pursuing and tracking patterns within the news others make since 2010."

SandBox Comments: Intellectual Conservative "Interference of the Tortious Kind This Way Comes"

"Politicians who interfere with the building of the oil pipeline are really committing tortious acts, even though they suffer immunity as members of Congress.

Politicians are wicked beasts. Some people believe this is due to their lack of a moral compass. The truth however is that these heinous creatures do indeed have a moral compass. However it operates on a reverse polarity from reality and points as far away from true north as possible. This causes them to predictably do what is exactly the wrong thing in any given situation except by some sheer preponderance of luck brought on by the proper alignment of the planets in the solar system...."

(J.J. Jackson)

 

(Read more?  Click title.  Comment to discuss)

"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."

SandBox Comments: Eagle County Times "Cordillera Golf Club litigation heats up"

Avatars in commentary have been pretty hard on the Wilhelm Family up in Cordillera.

No doubt, this is a just lawsuit in many ways.  As managers, especially of construction development in Cordillera, these guys really do belong in the same leagues as the construction set and architect that ran right over the top of Scott DeGraff over in Snowmass and Aspen.  They make the concept of 'unjust enrichment' have a whole new depth of meaning.

But so far, commentators in the construction industry have not said too much about the owners raising the most 'smell' up in Cordillera.

Maybe the time has come for avatars who cross over from Aspen to Vail to start speaking up a bit and level out the playing field for the Wilhelm Family.  In light of the recent press coverage on Base Village, that seems appropriate to do.

There are some crossovers of a few names from Cordillera Homeowners to really, really big projects such as Dancing Bear and Base Village. 

Unjust enrichment is usually a major factor in hurting scapegoats.  And there is no doubt that in a few ways, the Wilhelm Family are scapegoats.

Unjust enrichment is one thing.  But tortious interference is much, much worse.  Criminal in nature if the interference runs deep enough, carries out over extended periods of time or is a pattern that can be proven.

The sad part of the Cordillera mess are all those homeowners, outside of the at least three 'crossovers', that are also the victims.  Same as the scapegoats are.

Exactly how deep did District Attorney Mark Hurlbert really look?  Or was he erring only on the side of the elite, wealthy homeowners?

"For those who are not legally minded, the act of tortious interference is when a party, the tortfeasor, moves to convince another party to breach a contract. It also occurs when the tortfeasor intentionally disrupts the wherewithal of a party to meet its obligations under a contract...."
(J.J. Jackson)

(Read all about how things are heating up, for everybody, over in Cordillera?  Click title.)

"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."