Ascend Elements, Turner-Kokosing and numerous other ventures met for a hearing in Civil Court in the courtroom of Judge John Atkins Wednesday afternoon.
As previously reported, a joint venture made of Turner Construction Company and Kokosing Industrial, Inc. filed a lawsuit in Civil Court against Ascend Elements in March, alleging Ascend failed to pay for work that was done and materials delivered by the Joint Venture by December 20 of 2024 at the location of the Apex 1 facility in Commerce Park II in Hopkinsville. The total owed, the plaintiff says, is $138.4 million. They go on to state that they are entitled to recover interest from Ascend at a rate of 12 percent, on top of what they are already owed.
The attorney representing Ascend Elements, Luke Maher, and the attorney representing Turner-Kokosing, Vic McConnell, were joined by approximately 20 other lawyers representing numerous sub-contractors, appearing either in-person or virtually.
It made for a crowded courtroom, but Maher pressed on with his motion requesting that this case be settled through arbitration rather than by litigation, which would take it from the court’s hands and into those of an arbiter. That motion was mostly opposed by the other lawyers in the room, with McConnell saying arbitration would only draw the process out, and they’re trying to come to a resolution as swiftly as possible.
Maher disagreed, saying prior courts have determined arbitration to be very suitable, and Turner-Kokosing had an arbitration clause in their contract, though McConnell disagreed on the specifics of that.
After giving all attorneys time to discuss timelines, possible agreements and in an effort to get everyone on the same page, Judge Atkins ultimately agreed to continue the case out about two weeks to allow all lawyers involved to file written responses to the motion.
In court, Maher again affirmed that Ascend Elements remains committed to finish this project and resuming construction by the end of the year, while McConnell says the Turner-Kokosing venture has not heard the same, from their perspective.
Several motions to intervene were granted by the judge. A motion to intervene in a civil court case is when a party who was not originally part of a lawsuit would like to become one.
The parties will meet again in court on May 7.