The Upton Wyoming Hotel, LLC (“UWH”) initiated a lawsuit against BriMark Builders Construction, LLC on August 3, 2022

(Upton, WY)—The Upton Wyoming Hotel, LLC (“UWH”) initiated a lawsuit against BriMark Builders Construction, LLC, the construction company hired by UWH to build a new Cobblestone Hotel in Upton, Wyoming.

UWH was created by the Upton Economic Development Board (“UEDB”) and local business and community leaders to develop a hotel in Upton. UWH’s purpose is to develop a hotel that will benefit the Upton community. The new hotel is intended to be a 22,750 square-foot, two-story Cobblestone Inn & Suites®. The hotel will have 45 units, including standard rooms and four two-room extended-stay suites.

BriMark Builders Lawsuit Claims Unauthorized Overages

“BriMark is a builder brought to us by the Cobblestone franchise,” said John Marshall, Manager of UWH. “They were supposed to be the experts in building rural hotels such as this one. Within months of breaking ground, BriMark has suffered unexpected overages of nearly $500,000 and they haven’t even poured the foundation yet.”

Under the contract, BriMark Builders must first seek a change order before undertaking work outside the plans and specifications. Before breaking ground, BriMark learned that they needed a complex pier system due to the soil conditions. BriMark, however, never disclosed the cost to UWH before breaking ground. BriMark then poured the piers without authorization from UWH.

BriMark Builders Violates Contract By Refusing to Mediate

“UWH has been attempting to resolve the issues with BriMark. However, they have refused to engage in meaningful dialogue or consent to mediation as the contract requires. Because of this, we felt the company had no option but to file a lawsuit,” states Marshall. “UWH was created with the help of UEDB, 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.”

BriMark Builders Sued in Chancery Court

UWH has chosen to file its complaint in Wyoming’s Chancery Court. The Chancery Court is a newly-created court in Wyoming charged with resolving business disputes on a very short basis. State law requires that a majority of lawsuits filed in Chancery Court reach a resolution within 150 days.

Any further questions should be directed to John Marshall, Manager of the Upton Wyoming Hotel, LLC, at (651) 353-6655 or JMarshall@GoldenShovelAgency.com.

About Upton Wyoming Hotel, LLC: Upton Wyoming Hotel, LLC (“UWH”) is a Wyoming limited liability company created on March 3, 2021.