Lawsuit targets Minden Gateway

A plumbing supplier claiming it has not been paid by builders of the Minden Gateway Center is asking the courts to sell the commercial property and distribute the proceeds.

On Jan. 30, Ferguson Enterprises, Inc., filed suit in Douglas County District Court against Action Construction Co., Gregory Hunt of Action Construction Co. and Minden Gateway Center, LLC, asking for the foreclosure on a Dec. 19 lien involving six parcels that total about 11 acres.

According to the complaint, Ferguson has not been paid for $19,284.73 worth of plumbing supplies that were furnished to the property in July of 2008.

"FEI's plumbing supplies in the amount of $19,284.73 were delivered and used by Action and MGC at the property, benefiting each parcel," the complaint reads. "Despite FEI's repeated demands, Action has failed and refused to pay any amounts owing to FEI."

The plaintiff is claiming unjust enrichment against the defendants, material breach of contract, breach of implied covenant of good faith and fair dealing, and a claim for relief for special damages, including attorney fees.

"Under Nevada law, FEI is entitled to recovery of its attorney fees and costs associated with this action and lien as special damage," the claim reads.

The plaintiff is asking the court to rank and prioritize all liens on the property and to declare the liens superior to deeds of trust. Anyone else with a lien on the property needs to file and serve a statement of facts constituting lien within 10 days of the last public notice, which will be published on Sunday.

The Minden Gateway Center property sits near the intersection of highways 395 and 88. A Holiday Inn Express, now under construction on a separate parcel, is scheduled to open this spring.

The center was originally envisioned to house nearly 200,000 square feet of commercial space, including an anchor grocery store, pharmacy, restaurants, and retail and office complexes. Defendants in the law suit could not be reached for comment.

n Scott Neuffer covers business for The Record-Courier. Reach him at sneuffer@recordcourier.com or 782-5121, ext. 217.