Monday, October 23, 2006

BOULDERS: The developer of Boulders at Escalante, the 37 unit townhome development behind Home Depot is facing legal troubles.

In April, the developer ordered the contractor, Kurt Geary, to stop construction, apparently over financial issues.

Geary is now suing the developer for breach of contract and failing to make proper payments for labor and services. In the lawsuit, Geary alleges that he entered into a contract with the owner in May 2004 for services to be performed, and that the contract has not been fulfilled. Before the term of the contract was completed, Geary was order to stop work in April 2006.

The developer agreed to include four attainable units required by the City of Durango, but have since made a formal request to the city seeking exemption for building those units. The city has issued 10 certificates of occupancy at Boulders out of a total of 37 planned units.

Our experience with Boulders at Escalante has not been good. Last year one of our clients submitted an offer on a unit under construction. We attempted for weeks to obtain a response from the developer. No response, none. Our client finally gave up and purchased another property. In retrospect, given the current happenings, we're glad he did.

Keep track of real estate happenings at www.HomesInDurango.com and www.DurangoRealEstate.biz.

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