Minden, Nev. — A hearing for a writ in the $9.6 million lawsuit filed against the owners of the Hard Rock Hotel and Casino ended abruptly on Wednesday after it was referred to settlement.
SMC Construction Co. filed a lien against Neva One, owned by the Park family, claiming that they were still owed the money after work was completed on the hotel.
The Parks said they are seeking an audit of SMC and its subcontractors. Wednesday’s hearing was for a prejudgement for a writ of attachment to freeze the Parks’ assets.
Attorney Leon Mead said Wednesday that the Parks intend to pay what they owe, but are asking SMC to support the charges.
“The issue is not the Parks’ willingness to pay or even their not wanting to pay,” Mead told District Judge Tod Young in front of a gallery filled with 30 attorneys and contractors. “We would like to get backup from the contractor. We just want to go through the audits.”
Mead said the Parks were working to pay some subcontractors when they were served with the notice for the hearing.
Jon and David Park appeared in court. A 2 p.m. hearing was cancelled. If the two parties cannot reach a settlement, the case could proceed to trial.
SMC attorney Michael Springer called the company’s vice president to the stand in support of the company’s effort to obtain a writ.
Springer entered two foot-thick binders containing documents that SMC’s Joe Stewart said were a single change order for the Hard Rock.
Mead repeatedly objected to Stewart’s testimony or the entry of any documents from SMC into evidence at the hearing, but was overruled by Young. However, the judge said he hadn’t ruled on whether the documents’ contents were in evidence.
Mead sought a continuance to ensure that the documents were the same ones that were submitted to the Parks, and to depose Stewart.
Stewart said the Parks’ contract with SMC allowed for an audit both of the contractor and the subcontractors.
He testified that unlike previous change orders, SMC never received owners’ comments on the voluminous change order No. 4.
“We never got anything back from the owner about change order No. 4,” Stewart said.
The Hard Rock Hotel & Casino in Stateline opened Jan. 28 after being closed for nearly 10 months for renovations.
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