Final Combined Book v.4.0 test

10/24/2019

Skanska-Walsh JV Hangar 5A Runway Drive Flushing, NY 11371 Phone: (718) 310-4615

Attn: Brian Mock Project: 1213126J-000.620 - LGA CTB Replacement - PBB Correspondence No: 42 Subject: Follow Up to Written Directive cc: Frank.Corallo@skanskawalsh.com, Bill.Carson@skanska.com, sean@Spearheadcx.com, Rose@spearheadcx.com

Dear Brian:

Thank you for providing written direction for the out-of-scope work, reference RFI PBB-144. Wanted to follow up with you regarding procedures for out-of-scope requests.

Spearhead will gladly perform additional work upon receipt of a written directive. We also understand the need to take verbal direction, but we expect those requests to be memorialized, formally, when they are out-of-scope. With respect to our base contract, Spearhead has responded to all verbal direction including stopping our progress, juggling our manpower, pivoting to a new priority, patiently waiting to begin work and completing each task with no hesitation.

Without a project schedule for base contract work, let alone additional work, providing a detailed estimate (or adding manpower to accommodate additional work) is challenging, at best.

While SWJV received the RFI PBB 144 in August 19, Spearhead first learned of this work on 8 Oct 19. SWJV had ample time (over two months) to put this request in writing so that Spearhead could respond with a detailed estimate, in timely manner, well in advance of the work. Additionally, Spearhead sent the Construction Change Directive letter prior to gaining access to perform the work. More specifically, Spearhead could not even begin the work, let alone delay it (per your reference of "Exhibit E 10.2 Change Requests") due to waiting on welding, welding inspections, electrical and concrete demo to finish. In fact, Spearhead only received access to the boom at very end of the work day but remained until 7:30pm in order to complete the work