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Construction on the Provo Aquatic Park at Heritage Mountain may be on schedule and going well, but two construction companies say they have not received payment for their work and went to court to try to get their money.

Wheeler Machinery Co. and Ross Construction filed the civil suit last week in 4th District Court putting a lien on the property. The action is before Judge Cullen Y. Christensen.The suit claims that more than $46,000 is due to Wheeler and Ross by Tayco Construction Co. and Heritage Mountain.

Wheeler claims Tayco, the general contractor for Heritage Mountain, rented two tractors from and has not made payments. Wheeler is suing for $30,950 at 24 percent interest.

Ross subcontracted with Tayco to remove topsoil, place fill and perform other labor for $15,606, but that also has not been paid, the suit says. Ross is claiming that amount and 10 percent interest.

But Heritage Mountain President Victor Borcherds said: "We are not worried about it. We have tended the funds to them that we believe were owed. They can do what they like. It doesn't affect the property at all."

Borcherds said Wheeler is asking Tayco and Heritage Mountain to pay an entire month's rent for equipment that was used only 19 days.

Mayor Joe Jenkins said, "As far as we can tell, it's a legitimate gripe between a contractor and owner. We are not concerned about it. We think we are protected fairly well."

When Borcherds purchased the resort this summer, the city required a $2 million assurity bond and a $250,000 cash performance bond to guarantee that the work would be done.

The city this summer sold the 35.5-acre site to Heritage Mountain - under Borcherds' command - for $265,942. Various developers have worked for almost 20 years to build the four-season multimillion-dollar resort.

The project has gone through cycles of losing its financial backers, losing its Forest Service permits and then being revived by new developers, who start the cycle over again.

When the resort was sold to Borcherds, city officials said they were confident the project would go through this time because Borcherds' proposal was a scaled-down version that is economically feasible.

Phase one of the project includes the aquatic park, which is scheduled to be completed by next spring. Phase two includes a ski resort with a funicular transportation system capable of moving 4,000 people per hour to an altitude of 7,700 feet.

Tayco has been working through the summer constructing roadways, parking lots and water park facilities. Borcherds said work on the wave pool began Monday, and he expects the water park to be 90 percent complete by Christmas.