The Jamestown Brewing Company is pictured on the corner of West Third and Washington streets. P-J photo by Dennis Phillips

Work on the Jamestown Brewing Company project at 115-121 W. Third St. is continuing with beer-making possible as early as March.

Further delays, however, could leave everyone involved with a bitter aftertaste.

In a filing Dec. 21, 2018, in state Supreme Court in Erie County, Jamestown Brewing Co. Inc. has filed a 13-page claim against GPatti Enterprises, owner of the former W.T. Grant building at the corner of Third and Washington streets. The lawsuit lays out a case alleging delays in the project have cost Jamestown Brewing Co. investors John and John McClellan, a father-son brewing team, more than a million dollars.

Jamestown Brewing Co. was supposed to open in April 2018, but environmental delays with the project have resulted in a series of setbacks to the project. Work continues on the site as GPatti Inc. contractors work to make the building ready for the McClellans to occupy what will be a a three-floor brewery and restaurant which will serve pub food and high-end menu items as well as beer distributed in the form of growlers and kegs.

John McClellan II, Jamestown Brewing Company Inc. co-owner, said the company could be brewing as early as March 4 if things go according to schedule.

“If we handle things correctly and they handle things correctly, we should be able to brew,” McClellan said. “We’ve been trying to get this open for a long time. My passion, and my dad’s passion, to get this opened has not waned. It’s been further solidified to get this opened. We’re doing everything that we can to get this business open in downtown Jamestown. We feel that everyone who has been waiting deserves it. We’re ready to start brewing.”

George Patti, contacted Tuesday by The Post-Journal, declined to comment on the pending lawsuit. One reason not to comment is that the lawsuit hasn’t actually been served.

Its status in the court system is “Pre-RJI,” a status denoting neither of the parties has filed a Request for Judicial Intervention form and paid a filing fee. According to the New York Courts website, a Request for Judicial Intervention form needs to be filed the first time one side needs a judge to do something in the case, like decide a motion or order to show cause, hold a conference, or schedule a trial. Some cases have the Request for Judicial Intervention form filed right away, usually in cases involving a special proceeding or cases where time is of the essence, while other cases don’t have a Request for Judicial Intervention Form filed for years. A case will never get a trial date if the form is never filed.

Work on the site has been ongoing throughout the winter months as environmental remediation work has continued underground along with interior work. The total project, which includes starting the business and acquiring the building, will total $4,835,760. Financing for the project also includes a $1 million request for state Downtown Revitalization Initiative funding and a $475,000 state Main Street grant that was awarded through the Regional Economic Development Council program in December 2015. The Jamestown Local Development Corporation has a $180,000 loan attached to the project.

The restaurant will seat 280 guests in five different areas. The ground level will hold 104 seats for dining, with an additional 18 at the bar. Two tasting areas, one at the bar and another around the brewery viewing area, will also hold 18 seats. The mezzanine level will be a three-season dining area that will seat 140 guests.

The third floor will have a banquet facility to be operational by the second year of the Jamestown Brewing Company. The banquet area, which is being designed as two sections, will hold a total of 280 guests. An outdoor patio decking system has also been proposed, which will increase seating by an additional 100 guests.