Warren County and the Warren County Downtown Economic Development Authority have filed a complaint in Warren Circuit Court asking that mechanic’s liens filed for money unpaid in the construction of Hitcents Park Plaza, a garage wrap project in the downtown Bowling Green TIF district, be found invalid.
A mechanic’s lien is a method – used by those employed to improve properties – to ensure payment for services and materials. Absent payments, workers can initiate a court proceeding to force a sale of the property to pay for the services and materials.
The complaint, filed Monday, names Alliance Corp., D&M Electric Inc., Gunter Construction Roofing Inc., Kentucky Mirror & Plate Glass Company Plant No. 2 Incorporated, Woosley Bros. Painting Co. Inc. and Mills Family Realty Inc. as defendants.
Hitcents Park Plaza has had financial problems for months, and liens were filed on the property for money allegedly owed to contractors in its construction beginning in late February.
The complaint asks for a judgment that “mechanic's liens are not valid and enforceable and do not encumber the real estate of the county, the lease income and TIF revenue generated from the Block 6 Wrap ...," according to the complaint.
Alternatively, it asks for a finding that mechanic’s liens are subordinate to the lien and interest of the bond trustee for bonds financing the wrap.
The complaint asks for attorney fees and costs and any and all other relief to which plaintiffs may be entitled.
The lawsuit filing followed a meeting Monday afternoon in which the City Commission ceded control over the wrap to Warren County government, which plans in turn to issue $30 million in bonds to refinance existing debt for the commercial wrap project.
– See more in Wednesday's Daily News.