D.R. Horton is seeking $4M from Windler developer Grandview Partners, alleging finished lots were not delivered on time at the Aurora project. The dispute follows dueling lawsuits over a failed lot purchase at the 850-acre Windler community near Denver International Airport.
D.R. Horton has filed a lawsuit seeking the return of $4 million it paid to a subdivision developer after finished residential lots were not delivered by an agreed-upon deadline at a large Aurora development.
The dispute centers on the 850-acre Windler Homestead property near Denver International Airport, where the Windler community is planned to include about 5,800 residential units along with retail and industrial space. The site is being developed by Grandview Partners, a Connecticut-based firm. Five homebuilders are currently active at Windler, though D.R. Horton is not among them.
According to a countersuit filed Dec. 19, D.R. Horton claims Grandview failed to deliver finished lots by an Aug. 2 deadline outlined in a purchase and sale agreement. The homebuilder argues the contract allows it to recover its earnest money and grading deposit if lots are not delivered as scheduled. D.R. Horton alleges Grandview has refused to return those funds.
The legal conflict escalated after Grandview sued D.R. Horton in November for $25 million, accusing the builder of backing out of plans to purchase lots at Windler. D.R. Horton disputes that claim and alleges Grandview improperly relied on force majeure provisions to justify delays tied to weather and permitting.
Grandview has said the delivery deadline was extended due to factors outside its control. D.R. Horton contends those explanations were improperly applied and reflect a broader pattern of missed contractual deadlines.
D.R. Horton is asking Adams County District Court Judge Patrick Pugh to award the $4 million already paid, along with interest and legal fees. No trial date has been set. The dispute was reported by BusinessDen.