Atlanta architects sue Branson Landing developer

Thompson, Ventulett, Stainback & Associates Inc. filed the suit in Taney County Circuit Court last month.

Defendants in the suit include HCW Development Co. LLC, the city of Branson and a long list of commercial tenants and individual condo owners at the $435 million, mixed-use lakefront development.

The suit alleges that HCW Development breached its contract with the firm – known internationally as TVS – and violated Missouri’s Prompt Payment Act.

TVS is based in Atlanta and has branch offices in Chicago and Dubai in the United Arab Emirates. The firm was founded in 1968 and employs 300 people, according to a press kit on its Web site.

HCW Development hired TVS to perform architectural services for the design and construction of Branson Landing, including work on the 12-story Hilton hotel and convention center currently under construction.

In July 2005, HCW Development assigned its hotel and convention center agreement with TVS to HCW Private Development LLC, according to the suit. HCW Private is the owner of a “junior leasehold interest” in the project, court records show.

“As a condition of the assignment, HCW Private agreed to keep, observe and perform all of the covenants, obligations, terms and conditions” under the original agreement, according to the suit.

Six months after TVS completed its design work, the firm demanded payment and notified HCW Development of its intent to file a mechanic’s lien against the property, records show. TVS filed the lien in Taney County Circuit Court in May.

The amount owed is now at $1.8 million, and the firm and its consultants have “incurred substantial legal fees” trying to obtain payment, according to the suit. TVS attached copies of its invoices to the suit that document the disputed payments and accrued interest.

Calls seeking comment from HCW Development, TVS and the architecture firm’s Kansas City attorney, Scott Murphy, about the lawsuit were not returned.

The city of Branson, however, issued a written response downplaying the legal dispute.

“This type of litigation is not unusual for a construction project of this magnitude,” the statement read.

The city also said it is exempted from the lawsuit and expects to be dropped along with other parties “once the litigation is more fully developed,” according to its statement.

Branson Landing was built on 92 acres along Lake Taneycomo in the city’s historic downtown and received the largest tax-increment financing package in Missouri history at $54.6 million over 19 years.

Since opening in May, the shopping and entertainment center has drawn more than 1 million visitors.