Final Combined Book v.4.0 test

dependent upon a schedule from SWJV indicating:

1. how Spearhead can recover lost time 2. what areas will be available for Spearhead 3. when work areas will be available for Spearhead 4. advance notice of jobsite shutdowns 5. advance notice of delivery moratoriums 6. related contractors’ work that will impact Spearhead

Please note, Spearhead understands the project schedule is behind the original projection. Spearhead requests SWJV provide a two (2) week look-ahead, at a minimum, during regular meetings. This near-term visibility will help Spearhead plan for moratoriums on deliveries, accessible work areas and ordering materials, all of which are custom coated and require a lead time of typically five (5) days. Verbal Direction Spearhead received verbal direction to build a stud wall that was not part of Spearhead’s scope of work, initially on October 8, 2019. On October 23, 2019, SWJV verbally directed Spearhead to begin work on the new stud wall. Spearhead will only begin out-of-scope work with a prior, Written Directive. Notwithstanding the lack of Written Directive, SWJV references Exhibit E Section 9.2, stating SWJV is entitled “….to assure Subcontractor’s compliance with the Schedule.” The referenced section begs the question of how Spearhead’s compliance might be assured, given Spearhead lacks a current SWJV schedule. SWJV cannot have it both ways. Access Equipment Spearhead understands its obligations to provide equipment to perform work. Bear in mind that Spearhead could have built the wall from within the building. Instead, at SWJV’s direction, Spearhead left the exterior side of the wall exposed for inspection. By directing Spearhead to build the interior wall portion first, SWJV prevented a wall inspection delay and was able to proceed with the escalator installation. However, rather than completing the wall at one time, Spearhead must return to finish the wall from the outside, off the ground from a boom, which has a substantially negative impact on Spearhead’s productivity. Compounding the impact of having to return to complete the wall off the ground, excavation is now underway below the east side of the escalator and will further delay Spearhead’s ability to “close up” the wall.

Brian, we have exhausted this discussion. Spearhead will continue to work diligently with SWJV to complete its work professionally and safely. Thank you.

Sincerely,

Andee Hidalgo, CEO