Venetian resort whistleblower's suit dismissed

District Judge Stephen Huffaker dismissed a lawsuit Monday alleging building code violations at the Venetian may threaten the public's safety.

The dismissal means the court won't consider evidence submitted by a former official at the firm overseeing construction of the $1.5 billion resort.

John Prendeville, a former procurement manager of Lehrer McGovern Bovis Inc., had asked the court to require county building inspectors to comply with the Uniform Building Code.

The UBC sets safety standards adopted by all 50 states. LMB, construction manager for the Venetian, fired Prendeville early last year. He's filed a federal lawsuit alleging he was fired because he refused to go along with various illegal or unsafe practices at the site.

Construction of the 3,036-suite hotel-casino has been marred by the deaths of three workers and the issuance of assorted correction notices by county building inspectors after Prendeville filed his federal lawsuit.

The suit he filed in District Court charged that walls in the Venetian's suites don't comply with UBC fire-safety standards and that other alleged defects also threaten the public's safety. It asked that the court order the county to comply with UBC standards.

The judge, however, ruled Monday that Prendeville doesn't have legal standing to file such a suit.

Huffaker said standing "has to be determined prior to determining any issues of the case." And standing, he said, requires that the plaintiff have a personal stake or legal interest in the case and an affirmative decision on whether the issue "is ripe for judicial determination."

Asserting that Prendeville has alleged "interpretive violations" of the UBC, Huffaker said the code "hasn't been deemed to be violated at this point."

He said Prendeville doesn't have the right to sue merely "because of perceived future events such as fire" or other disasters.

"Acts that haven't occurred may occur, but that isn't the issue," Huffaker said. "The plaintiff has no standing to force the county to comply with the UBC.

"Perhaps the union or someone who has closer ties to the case" might be able to qualify, Huffaker said. He didn't elaborate on the apparent reference to the Culinary Union, which is locked in a bitter battle with Venetian owner Sheldon Adelson over worker representation at the resort.

Huffaker said the county building inspectors' decisions regarding the UBC "are discretionary acts. The plaintiff is asking the court to accept his view rather than the view of the county."

Prendeville, though, argued that "none of the matters is discretionary. The UBC code is mandatory."

"I know the UBC is mandatory, and it is being enforced by the county," Huffaker replied.

"The court doesn't know that, your Honor," said Prendeville.

"I don't have to know it," said Huffaker.

Later, Prendeville said he would file an emergency appeal with the Nevada Supreme Court "because this is a life-safety issue."

"The whole purpose of this suit was to avoid a future catastrophe by making the Venetian comply with the code," he said. "What would be wrong with having a full evidentiary hearing to determine if I'm right or wrong?"

County building inspectors have argued new materials and other technological advances make the UBC a "living document" that allows for replacement of existing construction standards with new, better techniques.

While they had initially approved several facets of the resort built outside UBC guidelines, the inspectors acknowledged "we made mistakes" after Prendeville filed his federal lawsuit.

They ordered that additional fireproofing materials be installed around electrical outlets and plumbing fixtures and demanded a test be conducted to determine if the corrections complied with UBC standards. According to the county's interpretation of test results, the walls complied.

However, it required at least two weeks to make the required corrections, delaying the opening of portions of the resort until May 3. County Fire Department and building department officials are conducting additional inspections this week to make sure malfunctioning life- and fire-safety systems finally work.

Prendeville's federal lawsuit alleging he was fired for refusing to participate in fraudulent activities is still pending.

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