Settlement terms were not disclosed in court-filed papers. Pointe Orlando also dismissed a suit against the project architect, St. Louis-based Hellmuth, Obata & Kassabaum. Judge Rom Powell ordered the parties to pay their own lawyers' fees and court costs.

Pointe Orlando fired Keene in September 1997 and sued the contractor for $10 million, alleging Keene had missed the scheduled completion deadline of July 4, 1997.

Keene countersued for $12 million, alleging Pointe Orlando's continuous construction design changes forced the project to run behind schedule.

The 17-acre, 450,000-sf, $120 million Pointe Orlando at Republic and International Drives, was 80% completed when Keene was terminated and replaced by Denver-based PCL Construction Services Inc. The center opened Nov. 21, 1997. New York-based FAO Schwartz is one of the anchors.

The project's original co-developers/managers were Phoenix-based Western Asset Management Corp., Excel Realty of San Diego and Point Development Orlando Co. New Plan Excel Realty Trust of New York bought the project in 1999 for an undisclosed price and was credited by both sides for helping to settle the dispute, according to construction industry sources familiar with the settlement.

Pointe Orlando has 217,000 sf of retail; 140,000 sf of entertainment; and 70,000 sf of restaurant.

Instant Insights /

Contractor, Developer End 3 1/2-Year-Old Fight

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