A multimillion-dollar building project tied to actress Jenny McCarthy's Generation Rescue charity is still on hold while a contractor continues to fight for unpaid work and other fees.
RadarOnline.com has obtained the suit, Kane County, Ill., contractor Vincent Fiore of JV Construction Enterprises LLC filed Sept. 8 alleging The Goodfellows LLC has not paid $510,776.40 in building fees and costs. JV Construction was hired to build a special needs clinic for McCarthy's Generation Rescue in St. Charles.
The suit also names Generation Rescue board member Samir Patel, of Whittier, Calif., and Shannon Kenitz of Madison, Wis., who both signed various agreements related to the construction of the clinic.
Although McCarthy, 45, is not listed as a defendant, the actress is named in the suit and could be asked to provide information related to the case.
The complaint claims The Goodfellows owns the title to the land for the new Generation Rescue site. The construction company alleges Kenitz sent an email on July 22 to stop all construction on the project until "monies have been put into Escrow and current bills have been paid to date."
JV Construction then filed a contractor's claim for a lien on the property, followed by the suit on Sept. 8 to foreclose on the lien and collect payment for work the company had completed, according to court documents.
In response, on Nov. 17, Eric Miller, attorney for The Goodfellows, Patel, and Kenitz, filed a motion to dismiss the latter two from the suit. In his motion to dismiss, Miller said Patel should not be personally bound for the costs simply because of his ties to Generation Rescue.
"When an officer signs a document and indicates next to his signature his corporate affiliation, then absent evidence of contrary intent in the document, the officer is not personally bound," Miller wrote in his motion to dismiss.
Miller said both Patel and Kenitz are not parties in the contract and should not be held liable for the agreement made between Goodfellows and JV Construction.
Judge M. Katherine Moran signed an order providing JV Construction and its attorneys to respond to Miller's motion to dismiss by Dec.18. Miller will have time to respond, and both sides will meet in front of the judge on Jan. 11 to discuss the motion.
Meanwhile, all construction for the Generation Project remains on hold.
In a Dec. 6 letter, McCarthy's attorney, Andrew Bratzel, maintains his client has no involvement in the case. "Jenny McCarthy is not responsible for this debt," Brazil wrote in the letter.
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