Sugar Factory on Ocean Drive sues for fraudulent claim of lien

Miami /
Jul.July 01, 2016 08:45 AM

An Ocean Drive restaurant and confectionary shop is accusing a New York-based general contractor of trying to squeeze it for $311,000 in construction services it claims was already paid last year. According to a June 14 lawsuit filed in Miami-Dade Circuit Court, Sugar Factory Ocean Drive LLC alleges National Retail Services LTD filed a fraudulent construction lien in an attempt to get paid twice.

Sugar Factory, which also sued Louisana-based Express Lien Inc., which filed the court instrument on National Retail’s behalf, is asking the court to cancel the lien and find both companies negligent. Attempts to reach representatives for National Retail and Express Lien were unsuccessful. Sugar Factory’s attorney Ralf Rodriguez did not return phone calls seeking comment.

The Las Vegas-based candy retailer and bistro known for its celebrity clientele opened its third location in the United States last year inside the Hotel Victor, owned by the Nakash family, at 1144 Ocean Drive in Miami Beach. National Retail was hired to build out the 5,000-square-foot brasserie and retail store that includes a 201-seat dining room and two patios overlooking Ocean Drive.

About three months after Sugar Factory opened, National Retail filed a construction lien against the owners because of an unpaid $311,000 bill. On October 2, 2015, National Retail filed a court document discharging the lien, which usually happens once a monetary dispute has been settled.

According to the lawsuit, Sugar Factory didn’t hear from National Retail again until five months later when Express Lien filed the amended construction lien, which again claimed the $311,000 was not paid. Sugar Factory asserts that the lien amendment is “invalid on its face and unenforceable because it purports to amend a claim of lien that was previously discharged.” The lawsuit states the amendment is also void because National Retail waited more than 90 days to refile the lien.


Related Articles

arrow_forward_ios
An aerial of the proposed development site and warehouse with Sergio Rok and Jimmy Tate
Neighbor sues to short-circuit Jimmy Tate and Sergio Rok’s no-bid North Miami project
Neighbor sues to short-circuit Jimmy Tate and Sergio Rok’s no-bid North Miami project
Fuse Group Investment CEO Eyal Peretz and attorney Michael Ehrenstein (Fuse, Ehrenstein Sager, Twitter via GUT Miami)
Fuse Group acquires Security Building in downtown Miami, plans to sue WeWork for alleged lease breach
Fuse Group acquires Security Building in downtown Miami, plans to sue WeWork for alleged lease breach
The Avenue Apartments at 6220 Reese Road in Davie (Photo via Avenue Davie)
Boardwalk Properties sued for alleged racial discrimination
Boardwalk Properties sued for alleged racial discrimination
3050 Coral Springs Drive in Coral Springs; 1361 Southeast Fourth Street in Deerfield Beach and clips from the complaints. (Google Maps, District Court of Southern Florida)
SEC charges South Floridians in alleged $9M real estate scam
SEC charges South Floridians in alleged $9M real estate scam
HFZ’s Ziel Feldman with the Shore Club (Getty, Facebook via Shore Club)
HFZ Capital off the hook for $6M in failed Shore Club South Beach deal
HFZ Capital off the hook for $6M in failed Shore Club South Beach deal
(The Markers Grove Isle)
Grove Isle legal battle ending, as developer rebrands planned waterfront condo project
Grove Isle legal battle ending, as developer rebrands planned waterfront condo project
The Clevelander South Beach (Getty)
Clevelander wins lawsuit against Miami Beach over alcohol rollback
Clevelander wins lawsuit against Miami Beach over alcohol rollback
(Getty)
Weston man pleads guilty in Vermont Jay Peak EB-5 biomedical research case
Weston man pleads guilty in Vermont Jay Peak EB-5 biomedical research case
arrow_forward_ios

The Deal's newsletters give you the latest scoops, fresh headlines, marketing data, and things to know within the industry.

Loading...