EMERSON—A subcontractor working on the massive downtown residential-retail complex now called Citizen Emerson Station has filed a civil complaint and construction lien claim against the developer, Emerson Redevelopers Urban Renewal (ERUR), to recover slightly over $1.4 million it claims it is owed.
BFS Group LLC of Mount Laurel filed a civil complaint against ERUR on March 21 in Superior Court, Hackensack for $1.4 million, plus interest, costs, and reasonable attorney fees, states the complaint.
The complaint notes that if the judgment for owed funds goes against ERUR and not satisfied by the defendant, that the “real property” (i.e. Emerson Station) owned by defendants may be sold to pay for the unpaid debt.
The new lawsuit against ERUR is for nearly three times the $500,000 amount that the borough claims it is owed for a deed it provided to ERUR in exchange for construction services for a new ambulance corps headquarters that were never provided.
The borough’s case against ERUR is due for trial on June 10 in Superior Court in Hackensack, exactly four years after Emerson sued the developer.
The long-stalled and controversial Emerson Station development at 90 Kinderkamack Road includes 147 apartment units and 15,000 square feet of retail space, plus a large parking deck, and it appears work has slowed or ceased at the site recently, local observers tell Pascack Press.
The commercial property press reported in September 2023 that the project, designed by Devereaux & Associates, was “all but completed” and “aims to help rejuvenate Emerson’s downtown core while appealing to local residents looking for a more contemporary residential option, as well as New York City commuters desiring transit-oriented convenience.”
An Accurate Builders press release said, “The retail and restaurant space is designed to enhance the downtown’s ambience and walkability, serving both as a destination for visitors and a convenient stop-in for train commuters and residents of the building.”
It said “Citizen Emerson Station will offer studio, one- and two-bedroom rental residences. Accurate will launch a VIP wait list in October [2023] for prospective renters who want to be among the first to tour the community.”
“We are happy to announce that Citizen Emerson Station is on track for a fall 2023 debut,” Jack Klugmann, CEO and president of Accurate, said in its outreach. “We expect this community to be popular with renters looking for a brand-new, modern residence in an exceptional Bergen County location, right near shops, restaurants and the Emerson train station.”
The plaintiffs in the current lawsuit, BFS Group LLC of Mount Laurel, filed a civil complaint in Superior Court, Hackensack, alleging that Emerson Redevelopers Urban Renewal, or Accurate Builders, of Lakewood, have not yet paid them $1,406,233.52 that they owed to them under a contract for work performed through Feb. 9, 2024.
The sum in dispute was payment for furnishing and installing framing, furnishing construction goods, supplies and materials, and providing all labor and materials needed for agreed work, according to the complaint.
An order from Superior Court Pretrial Judge Peter G. Geiger assigned 300 days, or approximately 10 months, for discovery between the parties to gather information and arrange depositions needed to make their mutual cases.
“Discovery … runs from the first answer or 90 days from service on the first defendant, whichever comes first,” states the court’s order. That could put a trial date at early 2025, following discovery. The complaint lists no trial date.
The civil complaint notes that the original subcontract with BFS Group LLC, was for $4,100,000, which was amended to $3,847,761. The complaint notes that ERUR paid only $2,441,527.48 of the amended contract and owes the difference, $1,406,233.52.
Recently several residents contacted Pascack Press to inquire about Emerson Station’s progress, noting little activity on site, and we reached out to local officials. When a Pascack Press reporter passed by the site on one recent afternoon he did not observe any activity or construction workers present. Neither the BFS Group LLC attorney nor ERUR officials took us up on our invitation to comment by press time.
It was unclear whether the new suit might further delay construction of Emerson Station.
Borough’s lawsuit against ERUR
Emerson Redevelopers Urban Renewal, of Lakewood, also faces a Superior Court trial on June 10 in a civil complaint where Emerson claims that they reneged on a $500,000 agreement to provide construction services for a new ambulance building in exchange for a deed to former ambulance property that was handed over to build the massive downtown structure.
The developer claims that the borough did not meet its contractual deadline to provide a site and design for the new ambulance building by Dec. 31, 2019 and that ERUR was then no longer obligated legally to provide $500,000 in construction services as agreed.
The developer contends it offered an extension to the borough but instead the borough filed suit against it in June 2020 for breach of contract.
The borough continues to meet in closed session on the litigation, offering no public information or updates on where the case stands. See our archive at PascackPress.com for more.