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WILMINGTON — A contractor is suing companies related to the Hermitage Club for unpaid site work.

Brown's Country Services LLC of Wilmington filed the foreclosure complaint against Hitchcock Lands LLC of Wilmington; LCB Investment Co. LLC, a Vermont group with offices in Windsor, Conn.; and RCN Capital Funding, a Connecticut

company with offices in South Windsor, Conn.

Company owner Jeff Brown entered into an agreement with Hitchcock and LCB on Aug. 4, 2017, to perform clearing and excavation work at five undeveloped lots on Mann Road in Wilmington that are owned by Hitchcock. Brown is the mortgagee.

Hermitage founder Jim Barnes signed the document for LCB and Hitchcock. He owns "100 percent" of the lands and is the sole owner of LCB, according to that agreement. RCN took over responsibility for the mortgage from Hitchcock with the original principal balance of $3,185,000 in June 2017, according to the


The deal called for Brown to receive $332,750 for the first part of the project and about $122,303 for the next part. The first phase included clearing and grubbing, erosion control, and stormwater, electrical and road work.

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Sewer and water were the focus of the second phase. Payment for the services was secured in two mortgage deeds.

The agreement called for Brown's to "do as much work as possible" by an auction date of Sept. 8 to 10, 2017.

"In good faith, [Brown] did the majority of the work in Phase 1 and a substantial portion of the work in Phase 2, for a total of $150,804.11, including $26,620 for an 8 percent interest payment payable per the agreement," the complaint says. Hitchcock and LCB had agreed "to hire contractors to do blasting on the premises, which was required for [Brown] to complete his work. Defendants failed to do so and breached their agreement with plaintiff."

The defendants also broke the agreement when they failed to bring the lots to auction, according to the complaint.

Brown claimed he billed the defendants in March 2018 and "repeatedly requested payment" but none of the bills were paid. He believes he is entitled to $455,053 for the contractual amount in the agreement and about $150,804, and a 1 percent per-month penalty for sums "wrongfully withheld" as permitted by state law. His attorney Lance Shader, of West Dover, filed the complaint.

This marks another foreclosure for the Hermitage. Berkshire Bank filed a foreclosure complaint that involves the Hermitage's private ski resort, golf course, four inns, townhouses and other properties; Brattleboro Savings and Loan foreclosed on the Brook Bound Inn, which was operated by the Hermitage; and the former owner of the White House Inn filed a foreclosure complaint regarding the inn, which was owned and operated by the Hermitage.

Reach staff writer Chris Mays at, at @CMaysBR on Twitter and 802-254-2311, ext. 273.


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