Trump Tower developer facing lawsuit
Sam Cooper
The Province
A Richmond construction company has sued the developer of Trump International Tower and Hotel, seeking almost $800,000 in alleged unpaid fees.
Last week in B.C. Supreme Court, Urban One Construction Management filed a civil claim against developer Holborn Group and related property holding company West Georgia, both of which are directed by Joo Kim Tiah, the son of Malaysian tycoon Tony Tiah.
Urban One’s action also names as defendants a number of condo owners in the glitzy Vancouver tower.
Urban One’s claim says that following completion of the project, Holborn has failed to pay Urban One “money due and owing in the amount of $765,632.”
Urban One is seeking a declaration of a builders lien in the amount of $835,059 against the Trump Tower property, and also the property of strata unit purchasers named in the suit.
The main payment allegedly outstanding — according to Urban One’s claim — is a $525,000 construction completion hold back that was due in mid-March.
Before Urban One’s claim, Holborn Developments (West Georgia) Ltd. had filed a notice of civil claim on Jan. 17 in B.C. Supreme Court with a list of more than 25 complaints about Urban One.
Holborn alleged that Urban One failed to establish a project schedule and properly supervise trade contractors. The claim said Urban One allowed sub-par work to pass, did not inspect appliances to make sure they were in good condition and misled Holborn about possible schedule delays.
But Urban One’s separate claim alleges that Holborn commenced legal action in January, “with the stated intention of retaliating against Urban One for Urban One (filing) a builders lien to secure payment.”
Urban One’s claim alleges that construction progress on the Holborn development was disrupted by “bullying and harassment.
“Holborn directed or knowingly acquiesced in a persistent and unjustified campaign of bullying and harassment of Urban One and its personnel by Holborn’s agent … which significantly disrupted Urban One’s orderly performance of the services,” the claim alleges.
Urban One alleges that in “breach” of their agreement, Holborn failed to pay contractors according to the terms of a construction contract and make timely decisions, so that “Urban One incurred significant delay and additional costs in performing the services.”
“Urban One has never previously filed a lawsuit against anyone,” Urban One’s management said in an emailed statement about the civil claim.
“Unfortunately, in this exceptional circumstance, litigation is our only option … With regard to a separate notice of civil claim filed in January by Holborn, Urban One notes that Holborn has not proceeded with service of that claim on Urban One … In the event that Urban One is served, we will vigorously defend the legal action and our reputation in court.”
Holborn CEO Joo Kim Tiah did not immediately respond to a request for comment on this story.
None of the allegations in either legal claim has been proven in court.
Urban One’s claim against Holborn provides information on the background of some of the local and offshore investors named as defendants in the court action.
According to information from land title records cited in Urban One’s claim, condo investors declared occupations ranging from student to housewife to self-employed, to in one case, the senior national director of the National Bank of Abu Dhabi.
These condo owners have been named in the civil claim because Urban One is seeking to place a builders lien on the “purchase price holdbacks which were retained or should have been retained by the purchasers under their respective contracts.”
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