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LEGAL MATTERS
3 Months Ended
Mar. 31, 2020
LEGAL MATTERS  
LEGAL MATTERS

NOTE 9. LEGAL MATTERS:

 

On August 30, 2019, PCL Construction Services, Inc. (“PCL”) filed a complaint in District Court, City and County of Denver, Colorado, against the Company and its Colorado subsidiaries, in connection with the Company’s expansion plans for Monarch Casino Black Hawk. The complaint alleges, among other things, the defendants breached the construction contract with PCL and certain implied warranties. On December 5, 2019, the Company filed its answer and counterclaim, which alleges, among other items, that PCL breached the construction contract, duties of good faith and fair dealing, and implied and express warranties, made fraudulent or negligent misrepresentations on which the Company and its Colorado subsidiaries relied, and included claims for monetary damages as well as equitable and declaratory relief.

 

On May 28, 2020, the Company filed a motion seeking injunctive relief related to its rights to phased occupancy of the Monarch Casino Black Hawk expansion project. Specifically, the motion sought relief with respect to the Company’s right to occupy and use the Podium, or floors 1 through 5 of the new tower, which includes the expanded casino, restaurants, hotel administration, and lounges, as well as the first six floors of hotel rooms, or floors 6 through 11 of the new tower. PCL has refused to allow phased occupancy of the designated areas unless the Company makes certain concessions. As set forth in the motion, the Company believes PCL’s position violates the construction agreement between PCL and the Company. PCL opposed the motion, and the court set a hearing for July 9, 2020. No assurance can be given that the Company will be successful on its motion or that it will otherwise be permitted to open the designated areas of the new hotel tower while remaining construction at the Project continues. The designated areas of the new hotel tower also remain subject to approval for occupancy by certain authorities.

 

During the first quarter of 2020, we recognized $0.1 million in construction litigation expense relating to this lawsuit, which is included in Other operating items, net on the Consolidated Statements of Income.

 

From time to time, we may be subject to other legal proceedings and claims in the ordinary course of business. Management believes that the amount of any reasonably possible or probable loss for such other known matters would not have a material adverse impact on our financial conditions, cash flows or results of operations; however, the outcome of these actions is inherently difficult to predict.