Friday, April 13, 2018

DISCOVERY DOCU-DRAMA! Comstock Construction's Breach Of Contract, Unjust Enrichment Case Against Grand Traverse Academy, Mark Noss Moves Into High Gear; Comstock's Extensive April 12 Document Request Sent

According to documents filed yesterday in Grand Traverse County's 13th Circuit Court, Comstock Construction's civil action against the Grand Traverse Academy and former manager, Full Spectrum Management's Mark Noss, just moved into high gear.

With a non-jury trial scheduled to begin August 28, Comstock's attorneys mailed the “first set of interrogatories and requests for production of documents” directed to attorneys representing the Grand Traverse Academy and Mark Noss, Full Spectrum Management and MDN Development. 

Kerry Morgan and Miller Canfield's Pamela Wilcox and representing the Grand Traverse Academy, with Jay Zelenock representing Noss, Full Spectrum Management and MDN Development. 

Brandt, Pezzetti, Vermetten & Popovits are representing Comstock.

The Traverse City charter school's November 21, 2017 approved board minutes noted that “GTA insurance will pay for our defense”, leaving unaddressed the question of who will pay what could be a nearly $250,000 judgment, exclusive of costs and interest.

The civil complaint was filed October 25, 2017 by Comstock Construction, and the 29-page document, including the agreement signed between Mark Noss and Comstock, makes damning allegations, which were detailed in this October 30, 2017 post.

Full Spectrum Management, on behalf of MDN at the Grand Traverse Academy paid “Comstock the initial $50,000 deposit and payment due under the Agreement”. 

In the months after Noss’s approval of the July 13, 2016 agreement, “Comstock presented MDN with invoices for services rendered. At all times during the pendency of the above actions, MDN, Full Spectrum, and Noss acted as an agent of GT Academy and for the benefit of GT Academy”. 

To date, there remains “more than $214,861.00 in unpaid costs under the Agreement”. Comstock has “made repeated attempts to elicit payments of those costs from MDN, Noss and the GT Academy, but Defendants have been unwilling to comply”. 

According to the agreement Mark Noss signed with Comstock Construction, the “Guaranteed Maximum” price was $3,222,068.00.

The issue at the heart of this case, the construction of an expansion of the Grand Traverse Academy by Noss and his MDN Development, LLC property, was covered extensively on this blog—notably at this link (“DOOMED GRAND TRAVERSE ACADEMY DEVELOPMENT DEAL DESTINED FOR DUMPSTER”), which includes a comprehensive list of my coverage.


  1. I wonder if the check for $50k came from FSM, MDN, or GTA? That would be telling...

  2. The $50,000 payment was made by MDN Development; you can see it on the Comstock "cost breakdown" at the top of this story.