The owner of a Sioux Falls chicken restaurant is suing the construction company that built it.
Porter Apple Leasing Co., the Sioux Falls-based owner of the Slim Chickens franchise, is suing Harrisburg-based BHI Construction in state court, claiming the builder overcharged, didn't pay subcontractors and took and sold copper pipes.
Porter Apple claims it agreed to a construction cost of $850,000 for the restaurant at 1517 S. Minnesota Ave., after some confusion about the size of the restaurant and the potential construction cost.
But in October 2016, Porter Apple got paperwork identifying the construction cost at approximately $1.3 million. The company halted construction until the price could be worked out.
Todd Porter, managing partner of Porter Apple, and Joe Bernhard, president of BHI, met in November and signed a handwritten agreement setting the cost of the project at $964,000. But in April 2017, paperwork from BHI again set the construction cost above the agreed amount, at $1.06 million, Porter Apple claims.
Porter Apple paid the $964,000 but told the court it refused to pay BHI more.
"BHI's attempt to unilaterally increase the contract amount is wholly without support," Porter Apple stated.
A call to BHI and Berhard this week wasn't returned.
Meanwhile, BHI didn't finish or redo necessary work, Porter Apple claims. Subcontractors filed liens against the restaurant property due to unpaid bills totaling $132,076.
Porter Apple also claims Olson removed copper piping from the building previously located on the site, even though Porter had told him Porter's son Chase was going to remove the copper and sell it.
"Upon information and belief, Eric Olson removed the copper piping, sold it to TJN Construction, and pocketed the money for himself," Porter Apple stated.
Porter Apple is asking for the court to compel BHI to finish the project, and is asking for damages including punitive damages and attorneys fees for the "civil theft" of the copper pipe.
http://www.argusleader.com/story/news/business-journal/2018/02/08/slim-chickens-owner-sues-builder-over-construction-charges-copper-pipes-sioux-falls/321443002/
