Construction Firm Owner ‘captive In His Own Company,’ Asks Judge To Close It

The reported unraveling of a construction firm includes details more befitting of Hollywood than Denver, like a private eye surveilling a co-owner and threats of a Honduran hitman.

Jared Gross, who is one-third of Cubex Restoration, a Denver remodeler founded two years ago, sued his business partners Feb. 20. He wants a judge to shut down the firm.

“The plaintiff has become captive in his own company,” according to Gross’ lawsuit.

The trouble began last year when Gross says he found he was increasingly settling disputes that clients and employees had with Cubex co-owners Jerrod Dool and Jacob Kovar. Most seriously, Gross alleges that Dool pressured a young client into a date and fired an employee who accused him of sexual harassment. Dool has a history of such harassment, according to Gross.

Dool also used company funds to pay for his car repairs, first-class flights and a computer for playing video games, Gross alleges, and moved Cubex customers to his side business.

By August, Gross wanted out and the co-owners began discussing terms. It did not go well.

“Kovar called the plaintiff and threatened him physically if a deal was not reached quickly,” the lawsuit says. “Kovar stated that he had consulted with his father … and that his father had been imploring him not to resolve it physically, which Jacob knew how to and desired to do.

“Kovar similarly advised the plaintiff that he knew of a subcontractor that had murdered people in Honduras with a machete and expressed concern for the plaintiff that the subcontractor may pay the plaintiff a visit at his home,” according to the lawsuit, filed in Denver.

In October, Dool drunkenly locked Gross out of the company’s computer systems and, a month later, Gross met a private investigator whom Dool and Kovar had hired to track him, Gross claims. Later in November, he was fired and Dool and Kovar voted to give themselves bonuses.

“The entire act was a charade to deprive (Gross) of any financial benefit,” he alleges.

Vince Viruni, an attorney for Cubex, Dool and Kovar, says they deny those accusations.

“As is often with any case at the outset of litigation, the allegations present only one side of the story. Our clients categorically dispute the claims and intend to respond through the court process. Because this matter is pending litigation, we do not intend to try the case in the press,” Viruni said.

Gross claims that he is willing to leave the company without compensation but that Dool and Kovar have instead demanded he become a guarantor of the company’s debts and indemnify it, which Gross considers unreasonable. So, he remains stuck, unable to depart Cubex.

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“There has been a complete breakdown in trust and communication,” he says, “rendering ongoing management of the company together impracticable and unreasonable.”

For that reason, he wants Judge Bruce Jones to dissolve Cubex. Gross’ attorney is Justin Williams at Davis Business Law in Denver, who declined to discuss the case.

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