REA Final - 22 Dec 20 - eBook - 1682 pages

Back Charges Lacking Legitimate Documentation

BC 005 – Shanty Rental - Level 2 CTB ($76,410). No credit Spearhead performed work for the SWJV Demo team and requested permission to use the empty space that ultimately, became its Shanty. The SWJV Demo team granted Spearhead permission to use the unoccupied space and provided a key. The only condition of Spearhead using the space was that the Demo Team could enter at any time to perform work as needed, which they did. If the SWJV PBB team laid claim to the Spearhead Shanty space at a later date and expected to charge a rental fee for its use, SWJV had every opportunity to discuss terms and conditions or to evict Spearhead. No recognized documentation exists for a CTB Shanty Rental, such as a lease agreement with terms, pricing, and signatures. Instead, the belated Back Charge arrived four months after Spearhead removed items from the Shanty. BC 008 – Substitute Gyp in lieu of GFRG at Trusses ($29,855) No credit See: BC – 08 SWJV Substitution Request to HOK .pdf Spearhead fabricated the truss legs out of gypsum following SWJV’s concerns that the manufacturer would not guarantee its fabrication schedule would align with PBB opening. SWJV authored the request to HOK requesting the substitution of GFRG with gypsum for the reasons listed below. In its request, SWJV ensured a “no cost difference” to the owner and $0.00 savings to the owner. The approved substitution had a $0.00 net effect on the costs and savings to the owner which is why there is no credit for this Back Charge. BC 009 – Temp Power for Shanty – Level 2 CTB ($5,000) No credit See: BC - 09 Temp Power to shanty town.pdf Spearhead did not use Temp Power from the job site. The supplied documentation supporting this Back Charge is inaccurate and late. SWJV provided T & M tickets for Temp Power in Shanty Town in August 2019. Spearhead never requested power for its Connex trailer in Shanty Town in August 2019 or its Level 2 CTB Shanty. The Level 2 CTB Shanty lights had electricity and the iPad/cell phone chargers were powered by an extension cord from a vacant conference room on Level 3 CTB. BC 11 Re-inspect Wall at Electrical Closet - Plug Confirm Actual ($2,500) No credit See: BC – 11 Electrical Closet Wall Walkthrough 1 Oct 19 Spearhead Note: SWJV provided an email as documentation for the Back Charge; however, the message references observations during a walkthrough, not a “re -inspection .” BC 12 BV Re-Inspections – Plug Confirm Actual ($5,000) No credit See: BC – 12 Level 4 North West Elevator Lobby Wall Spearhead Note: SWJV provided an email as documentation for the Back Charge. The Assistant PM requested Spearhead to stop sheet rocking, “until framing has been signed off.” No previous inspection took pl ace, which is why the back charge is not a “re - inspection.” BC 013 – Equipment Use – ($73,590) No credit See: BC – 13 Sub Equipment Tracking.pdf , created on 8 Jul 20