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Construction company pleads guilty in case involving minority subcontractor

A Lancaster construction company admitted to fraudulently submitting documents that claimed it had hired a minority-owned subcontractor to perform work on a state-funded project, according to the Erie County District Attorney's Office.

Nichter Construction Tuesday pleaded guilty in Erie County Court to offering a false instrument for filing in the first degree.

Prosecutors said the company filed documents with the Dormitory Authority of the State of New York falsely claiming Nichter subcontracted with McClendon Asphalt Paving of Niagara Falls to perform building improvements at the Buffalo Psychiatric Center. The value of the contract was about $350,000.

Prosecutors said Nichter contracted with other companies to perform work on the site, while McClendon performed no work on the project.

McClendon was to be paid a fee by Nichter for the use of its identity in order to give the false appearance of minority business participation, according to the District Attorney's Office.

On Friday, William McClendon, 51, of Niagara Falls, pleaded guilty to a violation for his role and was sentenced to a conditional discharge.

Nichter Construction is scheduled to appear April 30 for sentencing. The corporation faces a maximum fine of $10,000.

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