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DocuSign Envelope ID:
-E 918E8AB8 A3B-40EC-84AD-14055B90FB4C
Skanska/Walsh Joint Venture LaGuardia Airport Hangar 5A Runway Drive Flushing, NY 11371
January 16, 2020
Andee Hidalgo Spearhead Construction, LLC PO Box 575 Fort Montgomery, NY 10922
Via Procore: andee@spearheadcx.com
RE: LaGuardia Airport Central Terminal Building Replacement Project (the “ Project ”); Subcontract No. 620-027 (the “ Subcontract ”) between Skanska/Walsh Joint Venture (“ SWJV ”) and Spearhead Construction LLC (“ Spearhead ); Notice of Delays and for Recovery Plan to Spearhead .
Ms. Hidalgo:
As you are aware, Spearhead acknowledges, pursuant to your Subcontract’s terms and conditions, that time is of the essence for your work and the work must be completed in strict compliance with the Project Schedule, which may be revised from time to time by SWJV pursuant to your Subcontract at Exhibit D Project Schedule.
Furthermore, Spearhead must exercise reasonable efforts to mitigate any delay and damage due to the delay, regardless of the cause, as required in Article 3.2.
Spearhead has missed dates that Spearhead presented to SWJV (as summarized in the attached spreadsheet) and the rate of production has not been sufficient to meet a January 26, 2020 completion date. Therefore, pursuant to Section 9.3 of your Subcontract, Spearhead shall within forty-eight hours receipt of this notice, submit a Recovery Plan for SWJV approval detailing how Spearhead intends to recover its delays. Attached is a sample draft schedule that would be a helpful format to present such Recovery Plan.
We look forward to your prompt response. SWJV reserves all rights and remedies under the Subcontract and at law and equity.
Sincerely,
Brian Mock Assistant Project Manager
cc.
Frank Corallo John Dolan
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PBB-9807-200116-Notice of Delays and for Recovery Plan to Spearhead
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