Wednesday, November 30, 2022

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Subcontractor suing Bojangles for allegedly failing to pay for work on one of the two newest Burlington locations

A subcontractor in Wake County is suing Bojangles to recover payment for work on one of the two new locations in Alamance County that were announced last year.

The lawsuit was filed last week in Alamance County civil superior court against Bojangles Opco, RSJDJ, LLC, and W.H. Bass, Inc., a general contractor based in Duluth, Georgia.

The court file lists RSJDJ, LLC of Brooklyn, New York, as the owner and Bojangles as the tenant of the property at 1909 North Church Street in Burlington where Apex-based Civil Constructors of the Carolinas claims to have completed site work for a future Bojangles between July 2021 and January 2022.

The property was formerly home to an Eckerd drug store and was one of two locations in Burlington where construction of future Bojangles restaurants began last year.

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Bojangles, which is headquartered in Charlotte, currently operates more than half a dozen locations in Alamance County.  The location at 1909 North Church Street is scheduled to open March 29, according to the company’s website.

Civil Constructors of the Carolinas is seeking recovery of an alleged outstanding balance of $112,427.47 for labor, materials, and site work at the North Church Street location under a contract with W.H. Bass, the complaint states. Civil Constructors of the Carolinas claims it has not been paid for its work on the project, despite multiple demands for payment that include filing a lien against the property earlier this year, the complaint alleges.

Civil Constructors is seeking judgments for the outstanding balance against W.H. Bass, Inc., RSJDJ, and Bojangles Opco, under multiple alleged claims, including: breach of agreement; unjust enrichment by W.H. Bass; and a claim against any future payments to the general contractor.

RSJDJ purchased the 1.2-acre property at 1909 North Church Street in Burlington from Carolina Hosiery Mills for $1.84 million in July 2017, according to documents that were filed at the time with the county’s Register of Deeds.

Alamance County tax records give the latest assessed value for the property at $460,789, which includes a 3,808-square foot restaurant listed as having been built in 2021, although it appears to still be under construction.

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