REA Final - 22 Dec 20 - eBook - 1682 pages

SPEARHEAD

November 6, 2020

LaGuardia Gateway Partners Attention: Larry Gillman

LaGuardia Airport Central Terminal Building Replacement Project Flushing, NY 11371

Dear Mr. Gillman,

Spearhead Construction, LLC ("Spearhead") performed carpentry work at LaGuardia Airport's Pedestrian Bridge B (PBB) in a $4.2M 1 contract with Skanska-Walsh Joint Venture ("SWJV"). In March 2020, we had a chance encounter on PBB and we discussed several aspects of the project. During our conversation, you and your colleague asked if Spearhead had, "mademoney," working on the project. I shared that we were scheduling a meeting to discuss the job and that I was optimistic we could reach a fair resolution. 2 To date, Spearhead has not been compensated for our damages resulting from the actions of others discussed below.

The purpose of this letter is to:

1. Obtain immediate release of $409,440 of the more than $3 million in damages to prevent Spearhead bankruptcy, and 2. Obtain a meeting to discuss the well documented damages to Spearhead.

We are requesting these two actions by November 30, 2020.

Shortly after our meeting, on March 11, 2020, Spearhead met with John Dolan, Suzanne Miritello, Scott Silverman and Mike Makris where I gave a PowerPoint presentation, indicating the primary issues that contributed to Spearhead's substantial losses of productivity. The presentation was intended as a precursor for a Request for an Equitable Adjustment (REA). At the conclusion of the meeting, Skanska asked for a copy of the presentation, the job costs incurred to date and agreed to schedule a follow-on meeting to discuss an REA. This meeting never occurred. For the last eight months, Spearhead has made numerous requests by text, email, voicemail and formal, written correspondence for a meeting to discuss an REA, including through the PANYNJ Diversity Office, General Manager - Compliance. By way of background, several factors caused Spearhead's extensive loss of productivity, which resulted in substantial job cost escalations at PBB. These factors include, but are not limited to, the following:

1 Original Contract sum of $2.6M plus Net Change Orders of $1.6M. 2 See text message conversation with John Dolan included in Spearhead Flipping Book.

PO BOX 575 I FT. MONTGOMERY NY I 10922