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A local homebuilder accused of unauthorized floor plan enhancements says a construction company is trying to take credit for everyday designs, such as connecting the kitchen to the dining room.
Lokal Homes of Englewood is converting the former Colorado Department of Transportation regional office at 1980 S. Holly Street into The Hub at Virginia Village in 2021. properties there Prices range from $550,000 for 1,240 square feet to $785,000 for 2,150 square feet.
The first architect on the project was Woodley Architectural Group of Littleton, Sue Lokal On Nov. 13 in federal court in Denver, Woodley accused Locard of reusing Woodley’s plans on two townhouse projects in Colorado Springs without permission or payment.
But in a countersuit filed on Jan. 9, Locard told a different story.
Lokal said it found Woodley’s internal and external plans for The Hub “disappointing”. So instead of using the exterior concept at all, the interior designs were modified so that they were “less similar” to Woodley’s. The firm then used the plans on a townhouse project in Colorado Springs and hired another architect for The Hub.
The developer said it still paid Woodley $180,000 for the work, an amount Lokal deemed “excessive,” but dropped it “in order to maintain a positive business relationship.” Locard acknowledged that Woodley later issued an invoice and Locard did not pay the $142,000 reuse fee.
The question before U.S. District Judge Charlotte Sweeney was whether Locard’s revised plan infringed on Woodley’s copyright. Woodley said yes. They were so different, Locard said, that they didn’t. For example, Woodley’s plan called for diagonal corridors, while Locard’s plan did not.
Woodley’s “floor plan includes standard elements such as a garage on the lower level, a kitchen adjacent to the dining room, a great room and powder room,” Lokal said. “…standard elements and standard arrangements of elements are not protected by copyright.”
Locard requested that Woodley’s lawsuit be dismissed and order the construction company to pay all attorney fees and court costs Locard incurred in defending himself.
Lawyers for both sides declined last week to discuss the counterclaims.
The representative of Lokal is James Juo, Thomas Howard and Kami Cuneo of Thomas Howard Company of Louisville.
Woodley’s attorneys include Chris Kostolansky and Marnier LeBlanc of Lewis Rocca’s Denver office, and Louis Bonham of Osha Bergman Watanabe & Burton in Houston.
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