The MacQuesten Cos., a Pelham developer that specializes in subsidized housing, has sued a permit expediter for $1 million for allegedly causing delays on a Brooklyn project.
MacQuesten and owner Rella Fogliano accused William Vitacco Associates of mismanaging government approvals in a complaint filed June 16 in Westchester Supreme Court.
Vitacco”™s failures “caused extensive and widespread delays to the project,” the complaint states, “and has prevented timely completion of the project.”
Vitacco did not respond to an email request for its side of the story.
Since 1969, Vitacco proclaims on its website, it has been “dedicated to streamlining the approval and permitting process.”
The Manhattan building and zoning law consultant obtains the myriad approvals it takes to build a structure in New York City from more than a half-dozen city agencies, ranging from the buildings department to the fire department to the Metropolitan Transportation Authority.
MacQuesten hired Vitacco in 2015 to expedite Van Sinderen Plaza, a $56 million, two-building, 7-story, 130-apartment affordable housing project and retail space in Brooklyn.
The developer needed many approvals, such as permits for electrical, plumbing, mechanical, gas, superstructure and foundation, fire alarms, sprinklers, emergency generator and fuel storage, after-hours work, sidewalk use, landscaping and occupancy.
Vitacco”™s job was to prepare documents, file applications and plans, schedule inspections, and meet with regulators to obtain the necessary approvals.
MacQuesten fired Vitacco last year after five years on the project for allegedly not working diligently or quickly enough.
MacQuesten claims that the consultant failed to advance construction “on a timely basis.”
Vitacco applied for one boiler system approval instead of two, for instance, and allegedly failed to obtain temporary occupancy certificates for three floors and thereby prevented families from moving in, and did not make key personnel available at crucial times.
MacQuesten says it paid Vitacco $161,288. The developer claims it lost tax credits for not having temporary occupancy certificates, paid additional finance charges on construction loans, and had to replace Vitacco with another expediter.
MacQuesten is represented by White Plains attorney Harry J. Nicolay Jr.
