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November 10, 2009

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Resort to appeal ruling on liens

Tuesday, April 11, 2000 | 11:13 a.m.

The Venetian resort on the Las Vegas Strip plans to appeal a judge's decision in favor of lienholders to the Nevada Supreme Court, the company said in a statement Monday.

Late last month Senior Judge James Brennan found that 13 mechanics liens brought by construction contractors against the Venetian were properly filed. This ruling will allow most of the resort's lienholders to argue in court how much they claim they are owed.

A key element of Brennan's ruling was his decision that the "no-lien" clause in the contractors' contracts could not be enforced because the Venetian used "tricky language" to obscure its meaning.

On Monday the Venetian called the ruling "factually and legally erroneous."

"The language and intent of the contract between (general contractor Lehrer McGovern Bovis) and the contractors is crystal clear," the company said in a statement. "Neither LMB nor the Venetian made any attempt to hide the no-lien clause from the contractors.

"The Venetian intends to appeal Judge Brennan's decision to the Supreme Court of Nevada."

More than 90 liens totaling about $300 million have been filed against the Venetian. Brennan intends to begin hearings on determining the validity of contractors' claims this summer.

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