Little Cloud in another cloud of controversy |

Little Cloud in another cloud of controversy

It seems the sky is never sunny around Little Cloud.The developers of the controversial subdivision perched on the side of Shadow Mountain are being sued by a Carbondale construction company for nearly $360,000.Aspen Earthmoving’s lawsuit says it agreed to a fixed fee of $724,430 to furnish materials, tools and labor for three lots in the Little Cloud subdivision. The construction company has terminated the contract – a first in its 23-year history – and is seeking a lien on the property.The lawsuit lists as a defendant Arizona resident John Tucker III, who co-owns the lots with Thomas Lewis. Their company, LPI Aspen, is also a defendant. This is not the first legal action to cloud development at Little Cloud. The developers sued the county two years ago after it rescinded a permit for an access road to the site. Terry Taylor, a homeowner below the lots, had appealed the issuance of the permit, contending that construction of the planned road would increase his home’s susceptibility to avalanches. The county commissioners agreed with Taylor in 2003, prompting the lawsuit by Tucker and Lewis. The lawsuit was eventually dismissed, said Chris Seldon, assistant county attorney.”There’s been quite a lot of litigation regarding the Little Cloud subdivision,” he said.Aspen Earthmoving’s role thus far has consisted mainly of infrastructure work on the lots, said a company official. The person wanted to remain anonymous because the legal proceedings are ongoing. The payment dispute cropped up in December, and negotiations have followed ever since. The lawsuit was filed Friday in Pitkin County District Court.”This is a unique situation,” the source said. “This is the first ever job that we’ve had this situation come about. We’ve never had to go through terminating the contract.”The source said there is still some hope for a settlement as the negotiating process continues. The lawsuit says Aspen Earthmoving is owed $359,750 in damages and losses. Efforts to contact Tucker and Lewis were unsuccessful.”We’re just exercising our lien rights as a contractor,” the source said. “It’s an unfortunate situation. There’s actually more work to do, and we would have rather gone back in there and finished it up.”Chad Abraham’s e-mail address is

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