REA Final - 22 Dec 20 - eBook - 1682 pages

Message 1: Dec 7 2020 12:31 AM

From: Andee Hidalgo Sent: Monday, December 7, 2020 12:31 AM To: Dolan, John Cc: Larry.Gillman@Skanska.com Subject: Spearhead Follow up to 30 Nov 20 Meeting

Dear John:

Thank you for meeting with us, last Monday. We had not anticipated Back Charges being part of the discussion. In retrospect, it seems like you feel there is no point having a conversation about our contract, or the release of any funds, if Back Charges are going to cancel out available, remaining funds on the contract. Our position on the Back Charges is that they came without warning, arrived months after we departed, and were often absent of any contemporaneous documentation altogether. Specious Back Charges accompanied with slipshod documentation felt contrived to align as a “push” to the outstanding job costs we brought to your attention and attempted to discuss with you while still on the job. I meant no disrespect when I referred to them as, “silly,” but SWJV would never permit such a lack of compelling documentation as justification for payment. I attached the Summary of Back Charges but the supporting files were too large to attach. Instead, I have included a link to the files that can be viewed in a browser and / or downloaded, below. I highlighted deficiencies of specific Back Charges and acknowledged legitimate, well documented credits, either in full or with a revised value. Since Back Charges are seemingly very important to you, is there any reason we cannot move through them, quickly? As for the BOH Credit/Deduct, our credit was based on unit pricing provided in our contract. I cannot fathom soft costs exceeding $500k and have waited months for documentation to support the $750k deduct. I did not co-mingle the credit/deducts with the Back Charges. Lastly, it feels like you think we have not provided proper notice to what we were up against during the rapid build out within a tightly compressed window. It probably feels like discussing all those unpleasant issues is a waste of time. We believe we followed the correct procedures for providing notice, and I also do not look forward to revisiting many of those issues, either. Jo hn, I did not like the way our meeting concluded, and it seemed like you didn’t, either. I can make a good faith effort to close out our contract if you think there’s value in keeping an open mind and having a genuine, professional conversation about the costs of this job.

https://user-j5k7iw.cld.bz/Spearhead-Back-Charges-References