Complaint filed against Greenfield cannabis cultivator for unpaid construction contract

AP FILE PHOTO/Marina Riker

AP FILE PHOTO/Marina Riker AP FILE PHOTO/Marina Riker

By MARY BYRNE

Staff Writer

Published: 01-12-2024 4:47 PM

GREENFIELD — A Monson-based construction company is alleging a breach of contract and failure to pay $114,935 for services rendered at the cannabis cultivation facility on Arch Street.

In its complaint, Sweitzer Construction claimed that as of Nov. 15, 2022, 15 Arch St. LLC, the leaseholder for the property, had failed to pay $114,935 of the total $1.2 million contract price. The city entered into a host community agreement with 15 Arch St. LLC on Dec. 30, 2018 to operate a recreational marijuana cultivation facility.

According to Sweitzer Construction’s complaint, the defendants, building owner DJ Holdings and 15 Arch St. LLC, entered into a lease agreement for the property at 13-15 Arch St., where the cultivation facility is located. DJ Holdings is a dissolved limited liability company. The complaint argues that as a result of the dissolution, DJ Holdings is categorized as a general partnership. This fact, however, was disputed by John McNamara and Dibyajyoti Tripathy, attorneys representing DJ Holdings and 15 Arch St. LLC.

In response to the complaint, McNamara and Tripathy argued that DJ Holdings was not involved with the contract between 15 Arch St. LLC and Sweitzer Construction, and as a result, requested the complaint be dismissed.

According to court records, both parties stated they may arbitrate. In the meantime, court records indicate the case is next expected to be heard in June 2024, with a jury trial scheduled for Jan. 21, 2025.

The attorneys representing DJ Holdings did not return requests for comment as of press time Friday.

The cultivation facility at 15 Arch St. has been operational since March 2022, according to Greenfield Planning Director Eric Twarog.

Reporter Mary Byrne can be reached at mbyrne@recorder.com or 413-930-4429. Twitter (X): @MaryEByrne.

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