County dealt setback in detention center dispute

Stephen Curran

Friday, May 13, 2005 | 10:53 a.m.

An arbitration panel has ruled against Clark County in its ongoing feud with AF Construction, the firm contracted to expand the Clark County Detention Center and build the Regional Justice Center.

In the ruling, the three-member board found there was not enough evidence for the county to prove AF billed an additional $33 million for expansion of the detention center. Officials contend the Las Vegas firm billed the county twice for work performed on the $69 million project.

The county is expected to present new evidence at a rehearing Wednesday, county spokesman Erik Pappa said in a written statement.

He did not characterize the decision as a setback, as the county can still seek punitive damages.

"We're pretty confident in our position," Pappa said this morning.

Calls to AF Construction owner Paul Faulkner, who has repeatedly declined to comment on the project, were referred to consultant Terry Murphy. She was not immediately available for comment this morning.

The ruling came in a lawsuit AF Construction filed in 2003 against the county over work to expand the detention center. AF Construction charged the county with mismanagement, breach of contract and defamation and demanded repayment of about $4 million in fees.

The company and the county are also fighting over construction of the RJC.

Officials said last week they expect Nevada Supreme Court and District Courts hoped to begin moving into the 17-story justice center complex by Oct. 1. The project has been beset by construction glitches, including up to 38 separate leaks in the roof, which county inspectors said was covered with a sharp rock designed for landscaping purposes instead of the smooth stones meant for roofing.

Commissioners on April 19 voted unanimously to remove AF Construction from the $185 million justice center project. Aviation Director Randy Walker, who is overseeing the project, said the move would allow inspectors to move forward with a battery of tests needed before it can receive the necessary certificate of occupancy.

The county stopped paying the company for work on the justice center in March 2003 and has assessed $12,000-a-day damages on the firm, fines that now total more than $14 million.