REA Final - 22 Dec 20 - eBook - 1682 pages

November 24, 2020

John Dolan, Project Executive Skanska Walsh Design-Build JV LaGuardia Airport Hangar 5A Runway Drive Flushing, New York 11371

Re:

Subcontract No. 620-027 Response to SWJV 20 Nov 20 Response – RE Request for Meeting and Release of Funds

Mr. Dolan:

Spearhead is in receipt of your letter dated November 20, 2020 that was submitted via Procore this past Friday afternoon. Please be advised that Spearhead disagrees with the decisions reached in your letter regarding the merits of Spearhead’s request for monies due under its Subcontract. Spearhead, however, does agree with SWJV’s decision to engage in good faith discussions with Spearhead. More specifically, Spearhead disagrees that the valuation of credits due SWJV exceeds the monies due Spearhead under its Subcontract, including the undisputed retainage amount. SWJV obviously cannot expect Spearhead to execute the Change Order Requests pertaining to overtime totaling $79,684.00 if conditioned on Spearhead accepting credits that it vehemently disputes. As with other Change Orders, that would again require Spearhead to sign change orders under duress. The PLA requires the payment of $138,813.00 for the labor rate adjustment that took effect January 1, 2020. SWJV is incorrect, Spearhead did not delay its own work. Spearhead has complied with all the pertinent notice provisions of the Subcontract and submits this response pursuant to Article 13 thereof. SWJV was formally made aware of Spearhead’s request for an equitable adjustment earlier this year. See REA attached. Spearhead looks forward to its meeting with SWJV to discuss these matters. Spearhead confirms the 2pm meeting at Hangar 5A, on Monday, November 30, 2020.

Sincerely,

Andee Hidalgo Owner & President

Spearhead Construction, LLC * PO Box 575 * Fort Montgomery, NY 10922