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Managing contractor files $7 million claim against Cedars project

Turner Construction Co., which demobilized its operation at the Cedars Lodge & Spa condo development, oversaw the removal of its most visible piece of equipment, the construction crane, in mid-March. [LIGHTNING FILE PHOTO]

While the Cedars-Fairmont condo developer seeks new financing to restart the stalled project, the corporation behind the job faces a new large lien.

Turner Construction Co., the general contractor on the job since February 2024, has filed a lien against the company and the land for $6,988,473 for labor and materials used on the job.

The land on U.S. 64 West between Buncombe and North Church streets was conveyed by the Shipman family to Cedars Lodge & Spa LLC in March 2021. The corporation is owned and managed by Gregg Covin, who is married to Shelley Shipman, the daughter of Tom and Fran Shipman. A successful developer of large mixed-use projects in Miami, Covin along with investor Brian Gaines, the Shipman family and Fairmont Hotels & Resorts announced the luxury condo development in the summer of 2022, projecting an opening at that time of 2025.

Turner’s construction crews left the job site in mid-March, overseeing the removal of the construction crane that had towered over the city for more than two years. In its two-page claim for $7 million, Turner said that it began work on the job on Feb. 5, 2024, and last furnished labor and materials at the site on Feb. 28 of this year.

In an email response to the Lightning’s request for an update on the project, Covin described the lien as a legal formality.

“North Carolina law requires a lien automatically be placed 120 days after stopping work or a contractor loses their lien rights,” he said. “So Turner had no choice and was required statutorily to file the lien.”

The developer also disputed the Lightning report's characterization of Turner’s departure.

“Your prior story incorrectly reported that ‘Turner had pulled out’ or the ‘contractor is out.’ Rather, we mutually agreed with Turner to have them demobilize as it was costing us over $200k per month to have them and the crane sit there while we work on a refinance of the project,” Covin said. “Once we obtain new financing to move the project forward we may bring Turner back to complete the work.”

The city said in a statement two weeks ago that Covin had informed City Manager John Connet of Turner’s plans to demobilize its operation and dismantle the crane. Hendersonville-based Carolina Specialties has assumed responsibility for securing the site while investors seek new financing.

“The developer has a current Zoning Compliance Permit from the City of Hendersonville,” the city’s statement said. “The Community Development Department issued the project’s final Phase II (2nd tower) plan approval in November of 2025, having previously approved the final Phase I (1st tower & Cedars) of the project in November 2023. The city of Hendersonville does not have the authority to take over the project or restart construction; that authority and responsibility fall to the owners and developers of the project.”