MANLY — Manly Logistics Park LLC and a Manly family associated with it are being sued for more than $700,000 for nonpayment of services and materials, according to documents filed Tuesday at the Worth County Courthouse.
If the claim is not paid, Charlson Excavating Co. of Clear Lake asks that the property be foreclosed upon and sold, Clear Lake Attorney Jim Stanton, who represents Charlson Excavating, said Thursday.
Payment was due in October 2009, Stanton said.
In its petition, Charlson Excavating is filing a mechanic’s lien in the amount of $701,805.65, plus interest, against real estate owned by Logistics Park, Steven G. Halfman and Deanna L. Halfman and Gene Halfman and Loretta Halfman.
A mechanic’s lien is a legal claim filed by a contractor who has improved a property but has not been paid in full.
The Halfmans, through their attorney, James Pray of Des Moines, deny that they ever had a contract with Charlson Excavating and its owners for improvements on their land.
Manly Logistics Park is a storage, staging and distribution site for wind turbine components and other materials.
It sits next to Manly Terminal LLC, an ethanol-warehousing operation, but is a separate entity under separate ownership.
Also named as a defendant is Lincoln Savings Bank of Reinbeck, which holds a mortgage on Manly Logistics Park.
The petition states the defendants entered into a contract with Charlson in 2009 to extend and enlarge the Logistics Park with the construction of a looped short-line railroad over, across and upon the real estate in question. It is this project for which Charlson is seeking payment, Stanton said.
Charlson Excavating claims the defendants failed to pay for material, supplies, construction and excavating work provided by Charlson from May 7, 2009, to Oct. 20, 2009, to improve and extend Logistics Park.
In addition, Charlson Excavating asks that the right or title of Lincoln Savings Bank be declared inferior to the claim by Charlson Excavating.
The petition also asks that the real estate be sold to satisfy the claim.
But Pray said Charlson Excavating contracted for the work with TransLink Inc., a company unrelated to the Halfmans.
He said TransLink has since left the area.
“There is no written contract that we know of,” said Pray.
He said the improvements are on 20 acres previously sold by Gene and Loretta Halfman to Manly Logistics Park. TransLink hired Charlson to improve 20 acres owned by Manly Logistics Park that lies south of and adjacent to property owned by Gene and Loretta Halfman, Pray said.
Charlson did do “some minor tile work” on farmland owned by Gene and Loretta Halfman, north of the 20 acres on which the improvements were made, Pray said.
The work was done without the Halfmans’ knowledge and consent, he said.
He said Steve and Deanna Halfman and Gene and Loretta Halfman are not associated with TransLink or any TransLink entities.
He said the Halfmans will file a counter-claim against Charlson Excavating.