One of three co-owners of Denver remodeler Cubex Restoration is asking a judge to shut the company down, telling the court he has effectively been “captive in his own company.” In a complaint filed Feb. 20, owner Jared Gross asks Denver District Court to dissolve Cubex and wind up its business, arguing that continuing to operate alongside his partners has become “impracticable and unreasonable.”
What the lawsuit says
In the filing, Gross lays out a string of allegations against his fellow owners. He says co-owner Jacob Kovar threatened him if a buyout was not reached and referenced a subcontractor who had murdered people in Honduras. He also alleges co-owner Jerrod Dool used company funds for personal expenses, pressured a young client into a date, and fired an employee who had accused Dool of sexual harassment.
The complaint further claims Dool locked Gross out of company computer systems, that the partners hired a private investigator to track Gross, and that after Gross was fired in November, Dool and Kovar voted themselves bonuses. As reported by BusinessDen, Gross is asking the court to dissolve the business and, if necessary, appoint a receiver to wind it up.
Partners deny the claims
The other side is not exactly rolling over. Vince Viruni, an attorney with Leventhal Swan Taylor Temming, told BusinessDen, “Our clients categorically dispute the claims and intend to respond through the court process.” The firm’s public profile lists Viruni as experienced in civil and commercial litigation, and his statement signals that the defendants plan to fight the allegations in court rather than in the press.
How judicial dissolution works in Colorado
Under Colorado law, a member or manager of an LLC can ask a court to dissolve the company when it is not reasonably practicable to carry on the business in line with the operating agreement. If the court finds that the standard is met, it may enter a decree of dissolution, order the business wound up, and appoint a custodian or receiver to oversee the process. C.R.S. § 7-80-810 and related provisions spell out those remedies and the venue rules for judicial dissolution proceedings.
About Cubex
Cubex markets itself as a Front Range restoration and remodeling firm serving Denver-area homeowners and insurers. Cubex Restoration provides the company profile, and public contractor listings show it holds licensing in the region.
What to watch next
The complaint is pending in the Denver District Court. Gross has asked the judge to dissolve the company and supervise winding up if the court finds statutory grounds. If the court credits the kind of breakdown Gross describes, it could order Cubex wound up under judicial supervision or appoint a receiver to preserve assets while the claims are sorted out. The partners’ attorneys have already signaled they will answer and defend in court, so the dispute is expected to move forward through the litigation process.
