Andrew, Item #48 shows the following: I understand that you believe that this does not cover the fill placed to date or the fill to be placed on the rest of the paving package. I don’t understand how you can say this if we have no idea how much fill they have done or will do. Also, I really don’t appreciate being handed this information the day your sub is supposed to remobilize. If this were an issue, why was it not brought to our attention earlier? Also, how exactly is JRJ planning on justifying a refusal to remobilize based on a claim that he hasn’t even submitted yet? I am truly at a loss of words here. Eric Little Project Manager, UDR 5430 LBJ Freeway, Suite 1250 Dallas, TX 75240 Ph: 972.774.0552 Fx: 972.991.4113 Cell: 214.641.5761 www.UDR.com 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