DENVER (KDVR) — Denver’s largest condominium development in more than a decade is now the subject of a legal battle that could drag on for years.
The Upton Residences, two high-rise towers under construction at 18th and Welton streets, are billed as the most ambitious condo project the city has seen in years. But general contractor Amacon Construction has filed a lawsuit against its concrete subcontractor, GCon Co., accusing the company of walking off the job and later removing bracing and re-shoring supports from the site.
Court documents allege those actions caused cracks in concrete slabs and put the towers at risk of structural failure. The lawsuit also claims GCon’s work was riddled with problems — including misaligned embed plates and concrete that fell outside industry tolerances. Amacon is seeking at least $10 million in damages for delays, repairs and the cost of hiring a replacement subcontractor.
Christopher Decker, FOX31’s legal analyst, said disputes of this scale are not unusual in the construction world.
“Lawsuits between contractors and subcontractors in multi-million-dollar development projects are not uncommon at all,” Decker said. “Sometimes the litigation in cases like this lasts for many, many years.”
He also cautioned viewers to keep the claims in perspective.
“The statements that were made by the general contractor should be taken into context. This is a partisan party who has alleged malfeasance by one of the subcontractors, so I would take their statement with a grain of salt,” Decker said.
Amacon maintains that safety is not in question, despite the allegations.
“The notion that a multi-million-dollar project in downtown Denver is going to open and be unsafe and fall down is really, I think, just irresponsible,” Decker added.
In a statement to FOX31, Amacon stressed the towers are structurally sound, pointing to reviews by both its own engineer and an independent third-party firm.
“Our structural engineer, along with an independent third-party firm, confirmed there is no risk whatsoever to the safety of workers, residents, or the public. Construction is progressing with strong oversight,” said Steve Featherston, Amacon’s vice president of construction and development.
The company said GCon has already been removed from the project and construction is moving forward, with a goal of delivering the Upton as a safe, secure addition to downtown Denver.
Decker said the case could take months, if not years, to resolve.
“Wait and see what the inspections show, and have full confidence that when that project is open, it will be safe, it will be to specifications,” he said. “I would tell potential buyers to look at the bigger market issues rather than the micro issues of a construction defect lawsuit.”
Amacon is asking a Denver judge to block GCon from removing any additional materials or equipment from the site. The case is still making its way through the Denver District Court.
Anthony Sutton is a business strategist and writer with a passion for management, leadership, and entrepreneurship. With years of experience in the corporate world, he shares insights on business growth, strategy, and innovation through management-opleiding.org.
