Last edited 1:10 p.m., Nov. 23, 2010St. Louis developer Nat Walsh was awarded a summary judgment of $137,398 March 1, 2010, in St. Louis County Circuit Court against former business partner Kevin McGowan, but McGowan appealed the judgment in late October. The two originally were partners in the Springfield Heer's building project but later dissolved the partnership.
Walsh’s breach of contract lawsuit, filed Oct. 30, 2008, against McGowan, sought $400,000.
The amended judgment added attorneys’ fees and court costs to the initial $110,899 Walsh received Jan. 21, 2010.
McGowan appealed the judgment Oct. 26 in the Missouri Court of Appeals Eastern District. In the appeal, McGowan argues that the judgment should not have been issued because there was a dispute as to the work Walsh provided; a dispute in attorneys’ fees; and a dispute as to whether McGowan sold 50 percent of the interest in Heer’s Building LLC.
On the same day the appeal was filed, the appellate court denied McGowan’s claim in an unpublished opinion.
According to the consulting agreement, Walsh was to review and consult with the owner regarding title matters and consult with the owner regarding sales and leasing efforts for the project.
Walsh alleged in his motion for summary judgment that he did not receive the initial payment of $100,000 of the total amount by Oct. 1, 2008. Because he didn’t receive the payment, the agreement was breached, according to the motion.
McGowan and Walsh, both based in St. Louis, took on the Heer's project together in
summer 2007 but dissolved their partnership later that year.
In August, the city offered McGowan a $2 million loan to help bridge the funding needs for the project.
See more coverage of the Heer’s building in the Nov. 29 Springfield Business Journal.[[In-content Ad]]
