Proposed development in the Shipyard District to be considered, May 2021. (Image source: Slingshot Architecture/Merge Urban Development Group/City of Green Bay agenda)
GREEN BAY, WI (WTAQ-WLUK) — The developer sued by Green Bay for a lack of progress on the Shipyard project blames the city for the site not being “build ready” as the reason for construction delays.
Merge, an Iowa-based firm, was supposed to construct a “transformative mixed-use waterfront development, secure financing, invest substantial private capital, and create at least $15 million in new taxable value,” but has not done so, according to the civil suit filed in July. The lawsuit asks for the property to be returned to the city, along with other damages and declarations.
Merge filed its response late Monday, denying the city’s claims.
“Following execution of the Development Agreement and the amendments, Merge invested substantial time, consultant resources, and pre development capital into advancing the Project, including architecture, engineering, design coordination, permitting review, budgeting, financing coordination, and extensive pre construction planning. Despite the City and RDA’s obligation to prepare the Property for development, the City and RDA failed to do so. Merge notified the City and RDA that the project site had not been ‘build ready,’ citing ongoing reconstruction and redesign of streets serving the property, specifically Arndt Street, and the absence of final street and grading designs demonstrating grade transitions and access conditions adjacent to the site,” the response states.
“Any delays in the Project were based on the City and RDA’s failure to provide grading/elevation information,” it adds.
Merge says it has suffered because of the city’s inaction.
“By failing to supply essential information and coordination while insisting on strict adherence to milestones, the City unreasonably hindered Merge’s ability to obtain the benefits of the contract, breaching the implied covenant of good faith in performance. As a direct and proximate result, Merge suffered damages, including pre development expenditures, professional and consultant fees, delay and carrying costs, and other measurable losses in an amount to be proven at trial totaling $671,173.02 (as of June 19, 2026),” it states.
Merge asks for the case to be dismissed.
The city now has a chance to reply to the Merge brief.
No hearings have been scheduled.
The project was supposed to include 225 residential units, along with retail and restaurant space.
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