WELLINGTON, FL (Boca Post) (Copyright © 2026) — A Wellington restaurant tenant has filed a civil lawsuit in Palm Beach County Circuit Court alleging its landlord failed to pay sums required under a ground lease tied to construction of the tenant’s space at a shopping, dining and entertainment destination.
The complaint was filed Feb. 5, 2026, in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, under case number 502026CA001458XXXAMB, naming Cooper’s Hawk Wellington, LLC as plaintiff and Lotis Wellington, LLC as defendant. The plaintiff is represented by Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., according to the filing. No defense counsel is listed in the complaint.
In the lawsuit, Cooper’s Hawk Wellington alleges it entered into a ground lease with Lotis Wellington on or about July 6, 2021, and that the lease was later amended, including an amendment dated March 24, 2025 and a second amendment dated Nov. 20, 2025. The complaint describes the leased area as approximately 10,628 square feet and states it is for a restaurant the plaintiff identifies as “Cooper’s Hawk Restaurant.” All allegations are claims made by the plaintiff and have not been proven in court.
According to the complaint, the lease requires the landlord to pay what the filing calls a “Construction Allowance” totaling $2.5 million, payable at certain construction milestones. The plaintiff alleges it reached a 60 percent construction milestone and, in August 2025, provided a “Certificate” executed by its general contractor stating that 60 percent of construction had been completed as required by the lease. Based on that milestone, the plaintiff claims it earned 60 percent of the construction allowance, which it calculates as $1.5 million.
The lawsuit comes shortly after the restaurant opened to the public. According to public announcements from the Village of Wellington, the Cooper’s Hawk Winery & Restaurant location at 1387 S. State Road 7 held its ribbon cutting and grand opening on Dec. 6, 2025. The filing does not allege that the dispute delayed the opening, and the complaint does not address restaurant operations following the opening date.
The complaint alleges the landlord did not pay that amount, despite a demand, and that the nonpayment violated the lease. The plaintiff further alleges that by the time the complaint was filed it had completed 100 percent of construction of the premises and that its contractor was preparing the certificate required for the 100 percent milestone. The filing states the plaintiff reserves the right to amend the complaint or otherwise seek the full amount of the construction allowance it contends is due.
Beyond the construction allowance, the plaintiff also alleges it is entitled to a $40,000 payment described as a “Service Yard Fee” under an exhibit and section referenced in the lease amendments. The plaintiff further claims it is entitled to interest on the construction allowance at an annual rate of 8 percent, and alleges the interest continues to accrue until paid.
In total, the complaint alleges the landlord owes at least $1,540,000, plus continuing interest at 8 percent per year. The filing states the plaintiff provided an invoice for the balance due and, after the alleged failure to pay, served notices of default, including a notice dated Dec. 2, 2025 and another notice dated Jan. 20, 2026. The plaintiff alleges the landlord did not cure the default within the time allowed under the notices or the lease.
The lawsuit asserts a single count for breach of lease. The complaint alleges the landlord breached by failing to pay the construction allowance, failing to pay the service yard fee, and failing to pay accrued interest as required by the lease. The plaintiff seeks a final judgment awarding at least $1,540,000 plus continuing interest, as well as attorneys’ fees and costs and any other relief the court deems appropriate. The complaint states the action exceeds $50,000, exclusive of interest, attorneys’ fees and costs.
The original complaint, Cooper’s Hawk Wellington, LLC v. Lotis Wellington, LLC, Case No. 502026CA001458XXXAMB, as filed Feb. 5, 2026, with the Clerk of Court, can be viewed at the PBC Clerk of Courts.
Boca Post provides daily reporting on Contract & Business Disputes filed in Palm Beach County.
0 Comments