Arbitration Decision Issued in Colonial Downs - Norglass Construction Dispute.NEW KENT, Va.--(BUSINESS WIRE)--Aug. 13, 1999-- Colonial Downs Holdings, Inc. (NASDAQ: Small Cap: CDWN) which, through its subsidiaries, holds the only unlimited licenses to own and operate a pari-mutuel horse racing course and satellite wagering facilities in Virginia, has been engaged in a contract dispute under the Construction Agreement, dated February 10, 1997 (the "Construction Contract") between Colonial Downs, L.P. (the "Partnership"), a subsidiary of the Company, and Norglass, Inc. ("Norglass"), a related party. Pursuant to the terms of the Construction Contract, the Partnership filed a claim before a three person panel of the American Arbitration Association ("AAA") against Norglass, the general contractor engaged to manage the original construction of the Company's New Kent County Virginia racetrack. In the proceeding, the Company challenged the validity of Norglass' mechanic's liens mechanic's lien n. the right of a craftsman, laborer, supplier, architect or other person who has worked upon improvements or delivered materials to a particular parcel of real estate (either as an employee of the owner or as a sub-contractor to a general contractor) to place a lien on that real property for the value of the services and/or materials if not paid. for approximately $11.8 million (subsequently reduced to $6.5 million) and asserted a damage claim against Norglass for approximately $7.7 million. Norglass filed a counterclaim against the Partnership for $5.8 million (as announced in a hearing on December 14, 1998). Yesterday the AAA panel issued its decision in which, among other matters, it denied the Partnership's claim and granted Norglass' counterclaim in the amount of $1,965,000 against the Partnership (plus interest at prime plus 2% from December 27, 1997). The panel also ordered the Partnership to reimburse Norglass approximately $97,700 for the arbitration panel's fees and expenses and certain AAA administrative fee and expenses. Norglass is an affiliate of a major stockholder in Colonial Downs. "We are obviously disappointed by the arbitration panel's decision. However, the Company will continue to honor its legal obligations. The Company has a strong balance sheet with several unencumbered assets and other means to secure the funds necessary," stated Company CEO Jeffrey P. Jacobs. Statements regarding sources of funds and certain other statements contained in this news release are forward-looking statements and, as such, involve known and unknown risks, uncertainties and other factors which may cause the actual results of the Company to be materially different from any future results, performance, or achievements expressed or implied by such forward-looking statements. Such potential risks, uncertainties and factors include but are not limited to the risk of unforeseen governmental regulations, including licensing of and approvals by the Virginia Racing Commission and localities, competition from other sporting events and forms of entertainment, and the success of planned marketing and promotional efforts. Investors are also directed to consider other risks and uncertainties discussed in documents filed by the Company with the Securities and Exchange Commission. Colonial Downs Holdings, Inc. is a Virginia corporation organized in November 1996 to pursue opportunities for horse racing wagering in Virginia. Through its subsidiaries, the Company holds the only unlimited licenses to own and operate a pari-mutuel horse racing course and satellite wagering facilities/racing centers in Virginia. Colonial Downs Holdings, Inc. became a publicly held company in March 1997 and trades on the NASDAQ SmallCap System under the symbol CDWN. |
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