Upton hotel sues builder

Upton’s desire to have a hotel is on standby after the Upton Wyoming Hotel, LLC, initiated a lawsuit against BriMark Builders Construction, LLC. BriMark was hired to build the Cobblestone Hotel, according to an Aug. 3 press release. 
“UWH has been attempting to resolve the issues with BriMark; however, they have refused to engage in a meaningful dialogue or consent to mediation like the contract requires. Because of this, we felt the company had no option (but) to file a lawsuit,” said John Marshall, manager of Upton Wyoming Hotel, in the press release. “UWH was created with the help of the UEDB (Upton Economic Development Board) who graciously made the land available for the project. Because of this, UWH’s social charge is more than building a profitable hotel, we owe the community of Upton a hotel of the highest quality. Unfortunately, this dispute will delay the hotel’s completion. Despite the delays, we are committed to finishing the project and will do so as soon as we resolve this dispute.” 
The dispute, according to the release, is about nearly $500,000 in unexpected overages suffered by BriMark due to a soil issue. 
“Under the contract, BriMark must first seek a change order before undertaking work that is outside of the plans and specifications. Sometime before breaking ground, BriMark learned that they needed a complex pier system due to the soil conditions,” the release says.  “BriMark, however, never disclosed the cost to UWH before breaking ground. BriMark then poured the piers without authorization from UWH.” 
BriMark broke ground on the project on Oct. 5. The Cobblestone Inn & Suites is intended to be two stories with 45 units, including standard rooms and four 2-room extended stay suites. 
Cobblestone had brought BriMark to the Upton Wyoming Hotel.
The limited liability corporation was created by the Upton Economic Development Board, along with local business and community leaders to develop the hotel. The sole purpose of Upton Wyoming Hotel is to develop the hotel to benefit the community. 
Attempts to contact both the Upton Wyoming Hotel and BriMark for additional comment were unsuccessful.