The Plenty Unlimited indoor farm in Meadowville Technology Park. (BizSense file)
Another local contractor is taking Plenty Unlimited to court for unpaid work at its indoor farm in Chesterfield.
Glen Allen-based Century Construction Co. filed a lawsuit last week seeking nearly $500,000 it says it is owed for a project at Plenty’s facility at 13500 N. Enon Church Road.
Century’s filing follows other lawsuits and numerous liens recorded in recent months by contractors who were similarly left hanging after doing work on Plenty’s highly touted indoor strawberry farm.
Century is requesting a court-ordered sale of the Plenty facility to generate the proceeds to pay what it claims it is owed, and has alleged that general contractor Whiting-Turner is in breach of contract because it hasn’t paid Century for the work it was hired to do.
Century says it was ordered by Whiting-Turner to stop construction on the project and as of the March 6 filing, Century said it hasn’t been permitted to resume work at the Plenty site.
Prior to the lawsuit filing, Century filed a mechanic’s lien on the property in November. The company is represented in the matter by Glen Allen-based attorney Chris Hill. As of Friday afternoon, no responses had been filed to Century’s complaint.
Whiting-Turner, Plenty and Plenty’s landlord, California-based Realty Income Properties, are named as defendants in Century’s suit.
Century’s filing follows a lawsuit by Mechanicsville-based Electrical Controls & Maintenance earlier this year, which claims it is owed nearly $8 million for its own work at Plenty’s indoor farm.
ECM says it was hired by Whiting-Turner in August 2023 to handle electrical work for new grow rooms planned as part of a new phase of construction at the indoor farm, and hasn’t been paid for work on what’s referred to as the Plenty Farm 2 project from August to November 2024, per filings.
Realty Income, the owner of the 22-acre property where Plenty operates its indoor farm, filed a response to ECM’s complaint in mid-February, claiming it wasn’t involved in the project that ECM alleges it wasn’t paid for, and didn’t sign any contracts with firms involved in the construction subject to the suit. Realty Income argued that the property should not be sold to satisfy liens.
Plenty, in a mid-February response to ECM’s initial complaint, asked the court to dismiss ECM’s suit.
ECM filed an amended motion late last month requesting the court order Plenty to sell its leasehold interest in the property and pay ECM from the proceeds of that sale. It also asked that Whiting-Turner be found in violation of their contract and directed to pay ECM for its work. That filing followed ECM’s January complaint that sought a sale of the property to satisfy the lien on the property that ECM recorded in December.
Tom Wolf, Joseph Rainsbury and Tyler Miko of law firm O’Hagan Meyer are representing ECM.
Whiting-Turner argued in response to ECM’s Feb. 27 filing that it hasn’t breached its contract, and that it had attempted to get the funds necessary from Plenty to pay ECM to no avail. The contract stated in the filing that, to its understanding, Plenty is insolvent and unable to pay, and that more information about Plenty’s status is needed before a court judgment is issued.
“(Whiting-Turner) has diligently sought payment from the owner and has made every reasonable effort to secure funds necessary to compensate ECM,” the general contractor’s response read. “Summary judgement is inappropriate in this case. Discovery should be permitted to proceed on the dispositive issue of (Plenty’s) insolvency.”
In its filing, Whiting-Turner said that it filed eight mechanic’s liens for four different claims in late November against Realty Income and Plenty.
Matt Lohr, Virginia’s secretary of agriculture and forestry, addresses the crowd during the summer 2023 groundbreaking ceremony for the Plenty indoor farm. (BizSense file)
Whiting-Turner also is directly suing Plenty in federal court. That case, filed late last year, claims the indoor farm operator breached its guaranty agreement with the general contractor due to a lack of payment for millions of dollars of construction on Plenty’s Chesterfield facility from August to September 2024.
In a January response to that case, Plenty argued the dispute should be dismissed because the parties haven’t mediated the matter, as is allegedly called for in their construction contract.
Among the local companies that have filed liens on the Plenty property are: Ashland-based JS Archer Co.; Petersburg-based Four Square Industrial Constructors; Montpelier-based C.T. Purcell Excavating; ColonialWebb in Henrico; Chester-based New Market Asphalt Corp.; Richmond-based Liphart Steel; Hanover-based James River Nurseries; and Richmond-based W.W. Nash & Sons. That’s in addition to other firms based elsewhere in Virginia and out of state.
Only ECM and Century had filed lawsuits in Chesterfield Circuit Court as of Monday afternoon, per online records.
Plenty and Realty Income didn’t respond to requests for comment for this article from BizSense.
California-based Plenty first announced the Chesterfield project in 2022, touting a plan to eventually build a $300 million, multi-farm campus on up to 120 acres at Meadowville Technology Park.
The first phase, which the company described as a 100,000-square-foot facility with 40,000 square feet of growing space for strawberries, opened late last year. The apparently stalled expansion project at the facility started in fall 2023.
The Plenty Unlimited indoor farm in Meadowville Technology Park. (BizSense file)
Another local contractor is taking Plenty Unlimited to court for unpaid work at its indoor farm in Chesterfield.
Glen Allen-based Century Construction Co. filed a lawsuit last week seeking nearly $500,000 it says it is owed for a project at Plenty’s facility at 13500 N. Enon Church Road.
Century’s filing follows other lawsuits and numerous liens recorded in recent months by contractors who were similarly left hanging after doing work on Plenty’s highly touted indoor strawberry farm.
Century is requesting a court-ordered sale of the Plenty facility to generate the proceeds to pay what it claims it is owed, and has alleged that general contractor Whiting-Turner is in breach of contract because it hasn’t paid Century for the work it was hired to do.
Century says it was ordered by Whiting-Turner to stop construction on the project and as of the March 6 filing, Century said it hasn’t been permitted to resume work at the Plenty site.
Prior to the lawsuit filing, Century filed a mechanic’s lien on the property in November. The company is represented in the matter by Glen Allen-based attorney Chris Hill. As of Friday afternoon, no responses had been filed to Century’s complaint.
Whiting-Turner, Plenty and Plenty’s landlord, California-based Realty Income Properties, are named as defendants in Century’s suit.
Century’s filing follows a lawsuit by Mechanicsville-based Electrical Controls & Maintenance earlier this year, which claims it is owed nearly $8 million for its own work at Plenty’s indoor farm.
ECM says it was hired by Whiting-Turner in August 2023 to handle electrical work for new grow rooms planned as part of a new phase of construction at the indoor farm, and hasn’t been paid for work on what’s referred to as the Plenty Farm 2 project from August to November 2024, per filings.
Realty Income, the owner of the 22-acre property where Plenty operates its indoor farm, filed a response to ECM’s complaint in mid-February, claiming it wasn’t involved in the project that ECM alleges it wasn’t paid for, and didn’t sign any contracts with firms involved in the construction subject to the suit. Realty Income argued that the property should not be sold to satisfy liens.
Plenty, in a mid-February response to ECM’s initial complaint, asked the court to dismiss ECM’s suit.
ECM filed an amended motion late last month requesting the court order Plenty to sell its leasehold interest in the property and pay ECM from the proceeds of that sale. It also asked that Whiting-Turner be found in violation of their contract and directed to pay ECM for its work. That filing followed ECM’s January complaint that sought a sale of the property to satisfy the lien on the property that ECM recorded in December.
Tom Wolf, Joseph Rainsbury and Tyler Miko of law firm O’Hagan Meyer are representing ECM.
Whiting-Turner argued in response to ECM’s Feb. 27 filing that it hasn’t breached its contract, and that it had attempted to get the funds necessary from Plenty to pay ECM to no avail. The contract stated in the filing that, to its understanding, Plenty is insolvent and unable to pay, and that more information about Plenty’s status is needed before a court judgment is issued.
“(Whiting-Turner) has diligently sought payment from the owner and has made every reasonable effort to secure funds necessary to compensate ECM,” the general contractor’s response read. “Summary judgement is inappropriate in this case. Discovery should be permitted to proceed on the dispositive issue of (Plenty’s) insolvency.”
In its filing, Whiting-Turner said that it filed eight mechanic’s liens for four different claims in late November against Realty Income and Plenty.
Matt Lohr, Virginia’s secretary of agriculture and forestry, addresses the crowd during the summer 2023 groundbreaking ceremony for the Plenty indoor farm. (BizSense file)
Whiting-Turner also is directly suing Plenty in federal court. That case, filed late last year, claims the indoor farm operator breached its guaranty agreement with the general contractor due to a lack of payment for millions of dollars of construction on Plenty’s Chesterfield facility from August to September 2024.
In a January response to that case, Plenty argued the dispute should be dismissed because the parties haven’t mediated the matter, as is allegedly called for in their construction contract.
Among the local companies that have filed liens on the Plenty property are: Ashland-based JS Archer Co.; Petersburg-based Four Square Industrial Constructors; Montpelier-based C.T. Purcell Excavating; ColonialWebb in Henrico; Chester-based New Market Asphalt Corp.; Richmond-based Liphart Steel; Hanover-based James River Nurseries; and Richmond-based W.W. Nash & Sons. That’s in addition to other firms based elsewhere in Virginia and out of state.
Only ECM and Century had filed lawsuits in Chesterfield Circuit Court as of Monday afternoon, per online records.
Plenty and Realty Income didn’t respond to requests for comment for this article from BizSense.
California-based Plenty first announced the Chesterfield project in 2022, touting a plan to eventually build a $300 million, multi-farm campus on up to 120 acres at Meadowville Technology Park.
The first phase, which the company described as a 100,000-square-foot facility with 40,000 square feet of growing space for strawberries, opened late last year. The apparently stalled expansion project at the facility started in fall 2023.
Sounds like the Shenandoah Mansions Hotel project in Richmond. Liens are piling up and the owners are not paying their bills. Contractor pulled off due to non payment and several others subcontractors are not being paid. Ash World (owners) are dealing with several Liens on the project.
They’re taking reservations for May 1st starting at $289 for the cheapest room are they not open yet?
I walk by it every day. I would be shocked if they were open by May.
As this situation develops, it will be important to see how the lawsuits and potential settlements unfold. Any commercial subcontractor considering work with W+T should pay close attention to the outcome. W+T’s subcontract agreements explicitly state that subcontractors will only be paid if the owner pays W+T first—a pay-if-paid clause that is unenforceable under Virginia law. Despite this, W+T refuses to amend the language in their contracts. While W+T is a Maryland-based contractor, they are still required to comply with Virginia law when working on projects within the state.
Chesterfield County generously provides tax dollars to Developers but does not calculate a Return on Investment. This EDA in Chesterfield County boasts of major investments but no proof of investment is ever quantified or publicized. County Administrator and Supervisors have publicly stated they do not calculate ROI. Taxpayers are an ATM. I trust the contractor will be paid for their expenditures by the Developer.
Our organization “Chesterfield Citizens for Responsible Government “ have been asking the Board of Supervisors and Joe Casey for transparency into the amount of residential tax dollars funding these projects, specific tax abatements the BOS is approving and what is the return to taxpayers. They refuse to disclose thus far. Chesterfield County has a rich, multi decade history of spending $100s of millions on failed EDA projects with no return. Amazing.
While I wish no such problems on any of my contracting counterparts, I’m glad I left my bid numbers exactly where they were! While you cannot win them all, I’m glad I did not win this one. I wish EVERYONE success in getting their menu.
Steven Cohen, you are definitely an ethical contractor who cares about his fellow businessman. Folks like you are rare but I hope our local contractors remove the criminals and liars, and projects are built with no cost overruns and to code.
thx Jason and I meant ‘money’!