REA Final - 22 Dec 20 - eBook - 1682 pages

Spearhead Note: Value calculated based on 3-month rental of five manlifts as if Spearhead had exclusive use of the equipment. Spearhead never had three months of exclusive use of just one piece of equipment, let alone all five manlifts at the same time. Spearhead requested, but did not receive, hourly usage records, such as “Sign in / Sign out” sheets for each type of equipment. Additionally, the last- minute change in Spearhead’s work sequence prevented Spearhead from using its own equipment to access certain work areas. Spearhead was forced to use SWJV's equipment without warning, discussion or notice of how equipment usage would be recorded and how the price would be calculated. The belated Back Charges were sent to Spearhead four months after the last time Spearhead had used them. Given that SWJV did not inform Spearhead there would be a charge for equipment use, in writing or even verbally, Spearhead did not, in accordance with MBE/WBE Subcontracting Provisions, “provide documentation to the [PANY NJ] demonstrating that similar equipment and terms could not be obtained at a lower cost from other customary sources of equipment.” Additionally, SWJV never provided an Agreement for use of equipment including terms and hourly rates to Spearhead. As suc h, Spearhead was also unable to submit, “The required documentation [to] include copies of the rental or leasing agreements, and the names, SWJV provided 45 pages of the exact same supporting documentation for BC 014 and BC 015, yet issued two separate Back Charges. Furthermore, each Back Charge lists a different value using this identical supporting documentation. Without complete information for each separate Back Charge as outlined below, any charges assigned to Spearhead are impossible to discern. Either SWJV is indifferent to its record-keeping and paid little attention to documentation by others, or SWJV attempted to double count Spearhead Back Charges, deliberately. The lack of clarity and attempt to Back Charge Spearhead twice for the same items, five months after the alleged patching of Spearhead work took place, leaves Spearhead with little confidence that SWJV acted as a fiduciary for all trades, especially Spearhead, when reviewing Ticket submissions that would be re-directed as Back Charges. BC 014 – SOFP Patching ($32,118) No credit addresses and terms quoted by other sources of equipment.” No valid documentation exists to even quantify a credit amount. SOFP Patching BC 014 and BC 015

See: BC - 014 Spearhead SOFP Patching Tickets.pdf BC - 014 Spearhead SOFP Patching Photos.pdf BC - 014 Please_DocuSign_Spearhead_SCO_016_620- 027-SR R2.pdf

None of the provided tickets connect images with the ticket work listed. Additionally, none of the provided tickets indicate the number of crew hours attributed specifically to Spearhead work. Instead, nearly all tickets combined multiple trades as a group without a breakout of hours or percentage of time dedicated to each company repairs. Additionally, provided images do not align with SOFP ticket dates. The images do not indicate manhours spent performing work shown in image or even corresponding ticket number. The generic listing of number of crews, crew size and 8-hour days is not evidence that the area listed required a full day of work.