The developer of Denver’s largest condo project is publicly walking back a dire warning included as part of a lawsuit against a subcontractor.
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Vancouver, British Columbia-based Amacon Developments, the developer of the Upton Residences, claims in court filings that a concrete subcontractor, Phoenix-based GCon, removed installed materials at the project that risked its structural soundness as part of a payment dispute, BusinessDen reported.
Amacon alleged that GCon removed temporary supports that had been installed to bolster an upper floor of one of the property's two towers, running at 32 and 38 stories tall, leading to concrete cracks on a lower floor.
The “consequences of an unsupported structure may result in further cracks and potential collapse of the structure,” Amacon alleges in the suit, Denverite reported.
After the lawsuit became public, Amacon moved to assure locals in Denver and buyers of the project's 461 condos that the project was safe.
“Our structural engineer, along with an independent third-party firm, confirmed there is no risk whatsoever to the safety of workers, residents or the public,” Steve Featherston, Amacon’s vice president of construction and development, told the local Fox affiliate. “Construction is progressing with strong oversight.”
Amacon and GCon didn’t immediately respond to Bisnow’s requests for comment Thursday.
The dual condo towers connected by a parking pedestal are being constructed on a 0.7-acre site at the intersection of Welton Street and 18th Street. Construction began in 2022, and delivery was delayed by a year in May 2024 to mid-2025, before being punted again more recently.
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The lawsuit stems from a payment disagreement between the developer and subcontractor, which has been working on the project since it broke ground.
GCon threatened to stop working on the towers in May unless it was paid invoices owed by Amacon. The developer responded by pointing out what it said were major deficiencies in the concrete company’s work and refused to pay.
GCon not only stopped working on the project but also “started moving material and equipment from the Project site without the prior knowledge or approval of Amacon,” according to the suit.
Among the materials it hauled away was bracing for an upper floor of the property, overloading the lower floor and causing cracks in the concrete.
Ryan Williams, an attorney for GCon, argued at a hearing that the subcontractor owned the removed materials and had the right to go to the project site to retrieve them, according to BusinessDen.
Amacon is seeking at least $10M in damages, and a judge granted a preliminary injunction against GCon, banning it from entering the worksite.
GCon’s work stoppage has already caused a 10-week delay at the project, according to Amacon, which says the towers will now open in early 2026.
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