Filed February 14, Valentine’s Day, in Christian County Civil Circuit Court, Turner-Kokosing Joint Venture — or Turner Construction Company and Kokosing Industrial, Inc. — have opened suit against Ascend Elements, Inc., and its coming “Apex 1” location in Hopkinsville.
In it, officials assert that — as of the filing — the joint venture has provided labor and/or furnished materials or equipment to the project by December 20, 2024, and a bill for $138,418,735 has since gone unpaid by Ascend Elements.
According to the suit, the joint venture recorded a subscribed and sworn statement of mechanics’ and materialmen’s lien in the amount of the $121,867,606.21 with the Christian County Clerk’s Office, and an amended statement was delivered the same day the suit was filed in Hopkinsville.
Four causes of action include:
+ Count I: Breach of Contract, in which the joint venture alleges it has been forced to incur certain costs due to circumstances “beyond its control,” including costs and damages resulting from project changes and work suspension — all of which were within control of Ascend Elements.
+ Count II: Enforcement of Lien, in which the joint venture recorded it within six months of the last labor, materials and/or supplies furnish for the project.
+ Count III: Unjust Enrichment, in which the joint venture ascertains that Ascend Elements received benefits on the account of the labor, materials and equipment provided to improve the property, for which payment has not been received.
+ And Count IV: Violation of Fairness in Construction Act, in which the joint venture asserts that Ascend Elements failed to make timely payments within 30 days of payment requests, and that they are entitled to recover interest at a 12% rate, as well as any attorneys’ fees accrued in this process.
At an October 2022 groundbreaking at Christian County’s Commerce Park II, it was announced that Turner Construction Company, Kokosing Industrial and SSOE would serve as the design-build team on this project — which currently involves plans for a 500,000 square-foot plant that would create 400 full-time jobs in the nation’s electric vehicle and electric battery sector.
In November 2024, officials with Ascend Elements confirmed that they were not “pulling the plug” on Christian County operations, and that they were “100% committed” to completing the project “on budget” with planned startup later this year.
Thomas Frey, senior director of marketing & communications for Ascend Elements, affirmed those notions Monday, stating his company is currently in a “business dispute with Turner-Kokosing about work performed at the Apex 1 project in Hopkinsville.”
Frey noted they are “prepared to pay for all authorized and legitimate work performed,” but that they are “also committed to being responsible stewards of both public and private funds.” And, as a result, they are “reviewing all work performed by Turner-Kokosing and its subcontractors.”
Frey added they remain “confident” this situation will be resolved in the appropriate legal channels, and that they remain “100% committed” to completing construction of Apex 1.
Also, according to Frey, construction is expected to restart with a new construction partner in Q3 2025, with the site operational by Q3 2026 as North America’s first cathode precursor manufacturing facility — responsible for the domestic supply of lithium-ion battery materials, while enhancing U.S. energy independence.
Last winter, contractors had been working at an “accelerated pace” in order to meet strong customer demand — which required an early 2025 startup.
Production deadlines for materials, set by major retailers, have been pushed back at least one year.
Among the other defendants in this case:
+ Hopkinsville Industrial Foundation, Inc., asserting an interest by virtue of a mortgage valued at $2,856,000
+ Planters Bank, Inc., assigner of the mortgage
+ The City of Hopkinsville, through a real estate mortgage
+ Christian County, through a property tax bill
+ Paducah’s Triangle Enterprises, Inc., through a statement of mechanics’ and materialmen’s lien valued at $9,171,218.73
+ Calvert City’s Travis Construction Company, Inc., through a statement of mechanics’ and materialmen’s lien valued at $10,282,572.51
+ Frankfort’s RMF Nooter, LLC, through a statement of mechanics’ and materialmen’s lien valued at $39,850,480.17
+ Balch Springs, Texas business A&I Dock Equipment, Inc., through a statement of mechanics’ and materialmen’s lien valued at $249,706
+ Terre Haute, Indiana’s CH Garmong & Son, Inc., through a statement of mechanics’ and materialmen’s lien valued at $1,264,027.54
+ Louisville’s United Electric Company, Inc., through a statement of mechanics’ and materialmen’s lien valued at $18,749,075.25
+ Swanton, Ohio’s Foundation Steel, LLC, through a statement of mechanics’ and materialmen’s lien valued at $1,589,202.38
+ Perrysburg, Ohio’s Miner, Ltd., through a statement of mechanics’ and materialmen’s lien valued at $683,174.02
+ Perrysburg, Ohio’s The Laibe Electric Company, through a statement of mechanics’ and materialmen’s lien valued at $2,309,752.84
+ St. Louis’s Murphy Company Mechanical Contractors and Engineers, through a statement of mechanics’ and materialmen’s lien valued at $28,156,040.66
+ Thompkinsville’s Cleary Construction, Inc., through a statement of mechanics’ and materialmen’s lien valued at $1,174,706.81
+ Loveland, Ohio’s McCormick Equipment Company, Inc., through a statement of mechanics’ and materialmen’s lien valued at $155,928.90
+ Hardin’s Lents Enterprises, Inc., through a statement of mechanics’ and materialmen’s lien valued at $1,556,093.82
+ Frankfort’s TEC-Protective Coatings, Inc., through a statement of mechanics’ and materialmen’s lien valued at $372,294.85
+ And Frankfort’s Steel Fab, Inc., through a statement of mechanics’ and materialmen’s lien valued at $5,200,931.35
