Clay, We are working through JRJ’s claim as well as their refusal to mobilize. We are putting them on 48 hour notice which is required by our subcontract before we can formally take over their work which will happen if they refuse to proceed. I have asked Marty to follow the contractual steps in place which require our subcontract in a claim situation to submit formal notice and continue work under protest. I am not sure of the logic or grounds of JRJ’s claim, but I believe they think the dirt quantity for the excavation is incorrect and claim that there should be a pay item for embankment. To evaluate JRJ’s claim I would ask that Icon publish their logic and math behind the excavation item. We also need their position on how the fill on Ponte is paid based on the excavation quantity. I have asked Marty to attend the meeting to present his case, but I do not know if he is coming. I will keep everyone up to date as soon as I get the information. Thanks Zach Fusilier North Texas Contracting 4999 Keller Haslet Road Keller, Texas 76248 Office - 817-430-9500 Cell - 817-819-6691 From: Andrew Rolph [mailto:arolph@ntexcon.com] Sent: Monday, February 15, 2010 3:29 PM To: 'Nick Jacob' Cc: anord@ntexcon.com; 'Zach Fusilier'; 'Eric T. Little'; 'Clay Barnett' Subject: Vitruvian - Critical Path concerns with upcoming dirt and paving Nick, per our phone conversation, we discussed our concern with an upcoming JRJ claim for a fill item to be added prior to remobilizing for phase 3 paving. The concern is that there is not an embankment item for any the fill; there is a “street excavation” item, but it doesn’t account for the fill previously completed and upcoming. As you know, phase 3 is currently awaiting JRJ’s scope to complete dirt work, lime and paving, but we must resolve this issue immediately to continue as planned. Right now, it is way too saturated for them to move in from all of this past rain and snow or else they would have started two weeks ago. Right now, we have asked JRJ to formalize a letter and claim so we can forward on for approval to keep production moving. Marty says that he will complete the letter this week as of last week and again this afternoon… I already spoke with Clay as well to inform him of this as well. Thanks, Andrew D. Rolph North Texas Contracting 4999 Keller Haslet Rd. Keller, TX 76248 (O) 817-430-9500 (F) 817-430-9207 (M) 817-819-0703