DTC restaurant sues plumber and spa contractor over flood damage
A Denver Tech Center restaurant is suing the general contractor and plumber who built a spa next door, alleging their work caused $ 1 million in flood damage.
Ambli Global, a tapas restaurant with three establishments in Colorado, filed an April 1 lawsuit against Clearwater Mechanical LLC and Alcorn Construction Inc., alleging negligence and trespassing.
Ambli owner Kelly Morrison said flooding was the reason the restaurant had not opened since it closed due to the pandemic.
“We closed like everyone else did for COVID, and our target that we were planning at this time last year was to reopen around Labor Day last year,” she said. declared. “In July of last year, we walked into the restaurant and it had unexpectedly been flooded.”
The location of Ambli Global’s Denver Tech Center, which opened in 2017, is at 6799 E. Belleview Ave. It opened a second Global location in Colorado Springs in July 2020 and Ambli Mexico at FitzSimons, which serves Mexican fare, at 2101 N. Ursula St. in Aurora that same month.
According to the lawsuit, Spa810, located next to Ambli, hired Alcorn Construction to complete construction of its space in 2017. The construction company subsequently hired a plumber, Clearwater Mechanical.
Ambli’s DTC location and Spa810 share common utilities, such as the grease line and sanitary plumbing line at Belleview Station’s Milehouse property, according to the lawsuit.
“During construction of Spa810, Defendant Clearwater negligently connected one of Spa810’s bathroom plumbing drain lines to the property’s grease line instead of the sanitary plumbing line in violation of codes. plumbing “, alleges the lawsuit.
“Defendant Alcorn either negligently approved the incorrect connection or negligently failed to discover the incorrect connection,” he says.
Due to improper connection, paper products and other non-water soluble materials accumulated in the grease line over the course of approximately two years until Spa810 closed in 2019. On July 21, 2020, the lubrication line experienced a backflow of water. , resulting in flooding in the vacant Spa810 space, as well as the approximately 5,500 square foot space of Ambli DTC, according to the lawsuit.
Ambli’s DTC location has been closed since the flooding, which caused more than $ 1 million in damage that “continues to rise every day,” including costs to remedy the flood, clean up and renovate the restaurant, replace damaged business assets and lose profits. The restaurant is asking a judge for an undisclosed amount of compensatory damages in excess of $ 1 million.
“(The restaurant) was pretty destroyed, we had to raise the floor and cut the walls and dampen all the water, which we were able to do quickly. We just got involved in an insurance claim and a lawsuit to get the funds to be able to rebuild, ”Morrison said. “Everything was custom made, so it’s not necessarily a cheap renovation.
Chris Alcorn, president of Alcorn Construction, told BusinessDen that “everything will be done to make things right, and whoever is determined to be at fault and whatever the facts are, we will work with our insurance company to do what is right and resolve the situation.
Clearwater Mechanical declined a request for comment. The two companies have filed counterclaims and responses to the lawsuit.
Clearwater Mechanical denies the allegations and alleges that the damage may have been caused by third parties, “over whom Clearwater had no control or right of control,” the counterclaim states.
Alcorn Construction also denied the allegations in a counterclaim, but added that “to the extent that the plaintiff’s claims are founded, Clearwater is responsible for causing them and is obligated to defend and indemnify Alcorn”, it reads. in the counterclaim.
Ambli is represented by John R. Chase and Alex J. Gunning of Montgomery Amatuzio Chase Bell Jones.
Ambli Global at Belleview Station hopes to reopen in spring 2022, Morrison said.