Final Combined Book v.4.0 test

PO Box 575 Fort Montgomery, NY 10922

For the record, Spearhead asserted that it could complete the contract work by the end of January if SWJV PM/APM had managed the work properly and had preceding subcontractor’s work completed in accordance with a Baseline schedule along with continuous updates, such as a 2- week or 6-week look-ahead and expeditious delivery of GFRG/C to the job site. For reasons that go beyond the knowledge and understanding of Spearhead, SWJV PM/APM failed to manage the work of Others and could have recovered a significant portion of SWJV’s project schedule with proper leadership. Spearhead had no option but to have work scope removed from its contract with the demand of a an additional twenty (25) craft despite the fact that this added craft would not sufficiently advance the work by the time needed for all the obvious reasons such as productivity losses, the learning curve, the fact that many trades are working in the same area working over each other, the severe cash flow burden without a change to contract payment terms, etc. Repeated attempts to accelerate payments to Spearhead to offset this additional cost was not addressed by SWJV PM/APM. Make no mistake, Spearhead will NOT BE responsible for any other contractors Time and Material cost including, but not limited to Donaldson’s Time and Material costs for work scope removed from our subcontract. Throughout the course of this project, both before and during the actual construction, Spearhead has gone above and beyond in its responsibilities to attempt to overcome project delays and impacts caused by Others as well as the lack of poor planning by SWJV’s on site Project Management team. Spearhead will proceed with its contract work until it receives an executed Change Order to include drawings containing both Spearhead and SWJV representative’s initials at each wall and ceiling indicating acceptance as final in its current condition, with no come backs or back charges to the Change Order. In light of the January 27, 2020 letter, please be advised in accordance with Section 10.5 of Exhibit E to the Subcontract Agreement, once again, we are putting SWJV on Notice that our contract work has been delayed due to no fault of Spearhead, we request a Time Extension and reimbursement of all additional and extra costs and will not be held accountable for any consequential damages. These will be forwarded under separate cover. Sincerely,

Andee Hidalgo Owner & President Spearhead Construction, LLC