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Contractor, subcontractor on state project face fraud charge

July 27, 2018

BUFFALO, N.Y. (AP) — A western New York business owner and a subcontractor are accused of abusing a New York law that protects women- and minority-owned businesses.

The owner and an office manager at Nichter Construction of Lancaster and the owner of McClendon Asphalt Paving of Niagara Falls now face felony fraud charges.

State Inspector General Catherine Leahy Scott and Erie County District Attorney John Flynn say the case stems from a $350,000 state contract for work at the former Buffalo Psychiatric Center.

They say Christopher Nichter and William McClendon falsely claimed that McClendon’s business did work on the project to satisfy a requirement that some of the work be done by a minority-owned business.

The phone number for McClendon’s Asphalt wasn’t working Friday. Nichter didn’t immediately respond to requests for comment.

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