By Nick Mattera
A West Seneca-based contractor filed paperwork with the Niagara County Clerk claiming it is owed more than $4.1 million for construction work performed at a golf course owned by the Seneca Niagara Gaming Corp.
Sue-Perior Concrete and Paving filed a mechanic’s lien Wednesday, against the Lewiston Golf Course Corp.— a division of the Seneca Niagara Gaming Corp.— seeking payment in the amount of $4,130,538 for materials and labor performed at the $20 million Seneca Hickory Stick Golf Course in Lewiston.
The claim is the third lien filed by Sue-Perior Concrete against the LGCC since they began construction on the project in June 2007. In September and June 2009, records on file with the county clerk’s office show the company filed two separate similar liens totaling $1.23 million against the corporation.
LGCC Attorney Michael Powers dismissed the allegations saying that he believes the claim will be resolved in favor of the Senecas.
“The Lewiston Golf Course Corp. has consistently honored all of its commitments under its contract with Sue-Perior,” said Powers, who works for the Buffalo-based firm Phillips Lytle, LLP. “(The LGCC) is confident in its position and is confident that this matter will be resolved in its favor.”
According to legal papers, Sue-Perior entered into a $12.7 million contract in June 2007 for materials and work at the golf course. The alleged amount in Wednesday’s filing is for materials and work performed from 2007 to December 2009.
Phone calls seeking comment from Rob Chamberlain, director of construction for the Seneca Gaming Corp. went unreturned, however a spokesperson from the Seneca Gaming Corp. issued the following statement:
“The Seneca Hickory Stick Golf Course project is going to be a tremendous asset for Niagara County and all of Western New York,” the written statement said. “Seneca Gaming Corp. is excited about the project’s planned summer opening and our focus remains on delivering another first-class project that is sure to attract the attention of the golfing public and deliver visitors and tourism dollars to Western New York.”
Dave Pfeiffer, director of Sue-Perior Concrete, referred questions about the lien to his lawyer Gregory Photiadis, who did not return calls.
The scope of Sue-Perior’s work included clear-cutting, sewer work, earth moving and the construction of tee boxes, greens and sand traps at the Pletcher, Creek and Raymond roads facility.
The 18-hole course designed by world renowned architect Robert Trent Jones is set to open in July 2010, despite original plans that called for a 2008 completion date. The $20 million course is the first off-territory venture by the Seneca Nation of Indians.
The three-year construction process has not gone smoothly for the LGCC, as alleged money-skimming scandals coupled with legal action have delayed the course’s progress.
In June, Sue-Perior filed a lien against the LGCC for $284,028 on the same grounds as Wednesday’s filing. The LGCC responded by filing a lawsuit claiming Sue-Perior exaggerated the amount that was owed.
According to the lawsuit, the corporation asked Sue-Perior to submit a revised application for payment on June 4 due to errors discovered by Hickory Stick’s architectural firm Robert Trent Jones LLC. The suit alleged Sue-Perior failed to comply with that request.
In August, hiring questions were brought up by Niagara County Industrial Agency Board Member and Local Laborer’s 91 Business Manager Robert Connolly. Connolly said that contractors at the course were required to hire Native American workers in the project and comply with the Tribal Employment Rights Ordinance — which gives preference to the hiring of Native Americans on Sovereign Indian land. Connolly questioned the practice and asked the NCIDA to review the issue since the LGCC received a Payment In Lieu Of Taxes (PILOT) agreement from the IDA.
The NCIDA asked for an opinion from the Federal Bureau of Indian Affairs, which concluded that the LGCC was within its right to enforce TERO laws on the course, due to its proximity to sovereign Seneca territory.
An ongoing FBI investigation into a land deal that secured the 251-acre plot of land for the LGCC led to January’s guilty plea of disbarred Lewiston Attorney Timothy Toohey. Toohey admitted to unlawfully embezzling $202,000 from the Hickory Stick Golf Course project. He also admitted to filing a false tax return that did not reflect the funds he received from the transaction. The investigation was conducted by the Buffalo branch of the FBI and the criminal investigation division of the IRS. The theft carries a maximum penalty of five years in prison, a fine of $250,000 or both, while the tax offense carries a maximum three-year prison term and a fine of $100,000 or both. Toohey is due back in court on April 14 for sentencing.
Contact reporter Nick Mattera at 282-2311, ext.2251.
