Contractor sues Aspen Lakes

A lawsuit has been filed against Aspen Lakes Development, L.L.C., and its principals by Milroy Golf Systems of Newburg, Oregon.

The lawsuit alleges that Aspen Lakes has failed to pay Milroy $42,299.25 still owed for installation of the golf course watering system.

Milroy Golf Systems has placed a lien on the golf course portion of the 114-lot subdivision.

The original standard form contract between Milroy and Aspen Lakes, a limited

partnership of Keith Cyrus, Matt Cyrus and Pam (Cyrus) Mitchell, was for $175,073, according to court records. Aspen Lakes was to do all their own rock removal and provide the materials.

Keith Cyrus said that there was some dispute over the quality of Milroy's installation. "He sent his boy over to do the work. Every day we find a few things wrong," Cyrus said.

Neither Milroy Golf Systems owner John Milroy, nor J.T. Milroy, who headed the installation crew, nor Thomas J. Murphy, the lawyer representing Milroy, would comment on the lawsuit.

Aspen Lakes has not filed an answer to the lawsuit. On July 25, Milroy lawyer Murphy filed a Notice of Intent to Take Default in Deschutes County Circuit Court.

The notice states that on August 11, 1997, "the undersigned will make applicationfor entry of a default order and judgment in favor of Milroy Golf Systems"

Of the notice, Murphy would say only that "the purpose of the notice of intent is to provide fair warning to the other party (Aspen Lakes), to let them know that a default may be taken."

Murphy emphasized that the lien was only on the golf course, not subdivision lots.

Of the difference between the original contract amount of $175,073 and the $42,299.25 still claimed by Milroy, Murphy said "a substantial portion (of the reduction) represents payments (from Cyrus to Milroy)."

Some of the reduction might also be attributed to contract changes, reduction in the scope of work or agreements about cost reductions, Murphy said.