Architect sues speaker for non-payment

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Could Speaker Lawrence T. Morgan (Iyanbito/Pinedale) be the next top leader placed on leave by the Navajo Nation Council?

The Western Agency Caucus, made up of delegates from 18 chapters in the agency, raised that possibility amid concerns expressed in a Dec. 4, 2009, memo to Morgan.

The delegates notified Morgan that they had voted unanimously to ask him for a written report by Monday that would present his plan "to continue as speaker of the Navajo Nation Council while there are unresolved pending issues."

At press time Wednesday it was not clear whether Morgan had met their request since he did not respond to the Navajo Times' request for comment and efforts to reach the caucus leader, Delegate Jonathan Nez (Shonto), were not successful.

The delegates' memo cites "the allegation (formal pending charges) regarding your involvement of the planning and development for financing of a proposed legislative building."

The memo refers to a Nov. 3 lawsuit filed by Will Graven, owner of North American Building and Development Construction Co. of Chandler, Ariz., in Window Rock District Court.

Graven, an architect, charges Morgan and Chief of Staff James Davis with "intent to deceive, fraudulent inducement; fraud in the execution; fraudulent concealment; common law fraud; conspiracy; aiding and abetting a conspiracy; intentional interference with a contract; extortion; breach of covenant of good faith and fair dealings; bad faith; and breach of contract."

The charges are tied to $250,000 worth of planning and design work Graven said he did in 2007 at the behest of Morgan, who envisioned building a "Lawrence T. Morgan Legislature Building" to house the legislative branch.

Morgan personally sketched a four-story building that would include a rooftop swimming pool, speaker's office, helicopter landing pad, and an adjacent parking garage, and gave it to Graven to indicate what he wanted.

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In a June 8, 2008, letter to Graven, Morgan stated that the letter "will evidence our mutual good faith intent and legally binding obligation" to develop, within 150 days, a master lease and a build-to-suit lease/sublease for the complex that Graven, an architect, was being asked to design.

Morgan also stated in the letter that an "Independent Operating Account" would be created, initially containing $500,000, to pay Graven for the design and construction of the legislative complex. Morgan, however, was unable to persuade the council to approve financing for the $30 million facility and the project stalled.

Records produced by Graven show that Judith Dworkin, a private attorney based in Scottsdale, Ariz., developed the letter of intent for Morgan and that Dworkin also worked on a master lease and build-to-suit lease/sublease.

Dworkin is with Sacks Tierney, the law firm that was contracted to investigate the tribe's business dealings with OnSat, one of two investigations that led the council to place President Joe Shirley Jr. on leave Oct. 26, pending further inquiry into the findings.

On Friday, Dec. 4, Morgan and Davis filed a motion to dismiss Graven's suit on grounds that he failed to follow the Navajo Nation Sovereign Immunity Act, which requires at least 30 days' notice of intent to sue a tribal entity or official.

Morgan and Davis are represented by Patrick T. Mason, an attorney with Mason & Isaacson of Gallup.

Graven, who is representing himself, filed a response Tuesday, stating that he gave notice of intent to sue well in advance of the 30-day deadline.

Graven stated that on Oct. 1, 2008, he hand-delivered a notice of intent to sue Morgan and Davis to Attorney General Louis Denetsosie and to President Joe Shirley Jr.

The case is assigned to Judge T.J. Holgate.

Graven said in a telephone interview that his lawsuit "makes my point about fraud quite simply.

"It doesn't matter if I'm the worst white guy since Christopher Columbus," Graven said. "(Morgan) asked me to do some work and he gave me the contract and then he wouldn't pay me. They never complained about my work, only that my contract was invalid. But it wasn't my contract. It was the speaker's contact."

At press time Wednesday, Morgan had not responded to written questions from the Navajo Times about the call by Western Agency delegates for him to explain his situation.

Davis said neither he nor Morgan would comment on the lawsuit because it is in litigation.

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