A district judge ruled that Frisco Land Developers cannot terminate or interfere with Gearbox Software’s rights under its lease based on the company contracting with an interior contractor.
The ruling comes after Gearbox filed a lawsuit against FSD after the developer sent notice that the lease could be terminated June 26.
Gearbox, a video game developer, has plans to move its headquarters to a new building at Frisco Square, occupying more than 90,000 square feet of office space. However, construction delays have moved the company’s original move in date from 2013 to this year.
FSD hired Scott + Reid as the interior contractor for the office, but did not pay S+R for several weeks of work, according to the lawsuit. Under FSD’s suggestion, Gearbox contracted with S+R instead.
When Gearbox notified FSD of the contract, FSD sent Gearbox a notice that the company had breached its lease and could face a lease termination if the company did not sign a new lease, according to the suit.
A judge found nothing in Gearbox’s lease to prevent the company from contracting with S+R, Gearbox’s attorney Matthew Whitley said.
“Gearbox appreciates the court’s attention to our issue today, and we are very excited for the completion of Gearbox’s new headquarters,” Whitley said.
He said Gearbox is committed to Frisco. The lease states that the new Frisco Square building should be ready by Aug. 1.