Barber Files Motion To Dismiss Lawsuit

On Dec. 4, The Barber Group filed a motion to dismiss a lawsuit filed Nov. 13 by retailer Mason Hiba.

Hiba, who operates two Mason’s stores in Fayetteville and one in Rogers, alleged Barber Group CEO Brandon Barber and John Bracey made numerous false statements about the completion date of his 9,500-SF building at the Bellafont development on Joyce Boulevard in Fayetteville.

Hiba also named Barber’s father-in-law and business partner John Ed Chambers, CEO of Chambers Bank of North Arkansas, as a defendant in the suit. Hiba’s contract was with CB Ventures LLC, of which Barber and Chambers are principals.

Hiba also filed suit based on a number of liens that have been field against his business by subcontractors who haven’t been paid by CB Ventures or general contractor Precept Builders Inc. of Dallas.

In his suit, Hiba alleges he was promised dates of February and then March 2007, leading him to order a large amount of spring inventory he could not sell because the building wasn’t complete. Hiba’s store opened Sept. 21.

In the motion to dismiss, Barber states there was no completion date written into the contract and therefore Hiba has no basis to sue for alleged oral agreements that weren’t binding.

The brief in support by Barber states, “Even if any statement or promise made by Barber or Bracey could be binding on CB Ventures, the complaint fails to establish that the plaintiff’s reliance on such a statement was reasonable.”