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Magnolia Green developers are sued

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Timmons Group Inc., a local engineering firm, is suing the developers of Chesterfield County's Magnolia Green development and an affiliate company for more than $1 million, claiming unpaid services and fees.


The lawsuit filed by Timmons Group in Chesterfield Circuit Court on Dec. 12 contends Magnolia Green Development LLC has failed to pay $789,057 for services rendered over the past 2½ years and $190,687 in cumulative attorney fees. Additionally, the suit contends Magnolia Green affiliate LSH Building Company LLC still owes $32,425 for engineering services and $8,106 in attorney fees from 2006.


The 1,898-acre, 3,500-home mixed-use development at Woolridge and Otterdale roads is in the first phase of construction.


"Timmons just didn't get paid," said attorney Stephen C. Hall. "This is pursuant to a series of letters of agreement that goes back to 2006."


Calls to Magnolia Green representatives for comment yesterday were not returned.


Kirkland A. Turner, Chesterfield's planning director, confirmed receipt of an e-mail from Timmons Group acknowledging that the relationship between the firm and the developer had been terminated. That could mean big trouble for future phases of the project, which have yet to be approved.


Timmons has performed the majority of the design work for phase two of the project, currently under review by the county.


This is not the first setback for the long-delayed project, originally approved by the Board of Supervisors in 1991. A $350 million lawsuit filed in August by Magnolia Green against its bank, iStar Financial, was withdrawn in September after an agreement was reached, the results of which were kept private.


Hall said Timmons Group is asking that a judge in Chesterfield Circuit Court hear the lawsuit. The court as of yesterday afternoon had received no response from Magnolia Green, a court clerk said.
Contact Wesley P. Hester at (804) 649-6976 or whester@timesdispatch.com.

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