REA Final - 22 Dec 20 - eBook - 1682 pages

Back Charges for Out of Scope Work / Not Spearhead Work

BC 03 - BK Diner Framing ($55,000)

No credit

See: BC - 03 Refusal to Perform Non-Scope Work.pdf Spearhead provided documentation proving the only work in this Back Charge consisted of four pieces of framing below the “shark fin” and had begun assessing the different field condition and the drawings when SWJV stopped Spearhead from proceeding with its work. SWJV requested Spearhead perform the additional boxing out of tube steel work on a ticket, and Spearhead declined. Spearhead was aware that SWJV requested Cord submit a proposal for the additional work that Spearhead declined, which came in higher than expected. At that point, SWJV falsely fabricated the Back Charge to include the non-scoped portion of work, attributed the cost to Spearhead and stopped Spearhead from proceeding with the work Spearhead had begun as part of its contract. BC 022 – Elevator Shaft Walls ($20,700) No Credit See: BC - 22 RE Ped BB - Elevator Tube Steel Lamination Out of Scope.pdf SWJV directed Spearhead to provide the 2hr rating of the elevator shaft wall in a manner that was a change to the contract documents. The elevator pit had been laid out incorrectly, preventing the installation of the Coreboard inside the elevator shaft. Several solutions were offered to obtain the rating including fire-rated paint, SOFP, laminating the steel with metal backing, a layer of 5/8” sheetrock or a layer of Coreboard at each floor. Because the final solution was different than the contract drawings, Spearhead shared it would track its time and materials on a ticket as a change. Spearhead performed work at Level 4 initially and SWJV agreed to perform the remaining work since it was “ticket” work and Spearhead was focused on Base Contract work. Spearhead supported the SWJV crews performing the work on a ticket by lending them Spearhead tools and equipment to complete the work. Laminating the steel was extra work. Spearhead does not owe a credit for a change to contract drawings that created extra work to Spearhead. BC 029 – Firestopping performed by others ($11,332) No Credit See: BC - 29 Ped_Bridge_B_-_Firestopping.pdf BC - 29 HIC#45_Tkwk_2-28- 20_CW_Repairs_CE#7621.pdf BC - 29 HIC50_Tkwk_3-16-20_Pedestrian_Bridge_Repairs_CE7621.pdf Missing Tickets for seven out of the 10 dates listed in SWJV summary sheet. Four of the missing tickets identify areas that were previously credited as part of the BOH credits. None of the provided documentation indicates fireproofing of Spearhead work. BC – 025 Hanging Scaffold for Level 4 Ceiling Base Contract Scope ($87,658) No Credit See: BC – 25 BOH Change to Contract No 2.pdf In Exhibit A of Spearhead’s Change Order No 2 (page 4), item 15 specifically states that, “….. Sca ffold/Platform above escalator shall be provided at no cost to Subcontractor.” Spearhead’s acceptance of the extra work in this area was conditioned on $0.00 costs associated with the hanging platform above the escalator. Weeks after Spearhead submitted a proposal for the Back of House (BOH) work, a very large Carpentry company contacted Spearhead and said, “Do not lower your price for BOH. You are too low. Do not let them push your number down.” The fact that this contr actor, whom I have never met in person, offered this advice out of the blue was concerning. Additionally,