Eric & Clay:

 

Please recall that last week I informed you that we were withholding John Burns May payment while we waited for confirmation that they would adjust the vault. I realize I am withholding
more than you are withheld from CPS Civil, however If I should have to relocate the vault it could be very expensive. There are lines placed in the vault by Burns. The vault is a one
piece. If CPS damage the vault and a new vault was required or damaged the pipe and new pipe was required Burn would void their warrantee and we could be out as much as 30-40K. I am
unwilling to take that risk. As well Burn has been anything but cooperative in regards to the other improperly placed work. As I told you before we agreed to pay Burn plan quantity due
to the staking confusion although the Town did not agree to this. I feel we have attempted to be more than fair with them. As well Burns was paid their April draw. I have cut the check
for the May draw but am holding it until we have written agreement that they will perform the corrective work and get the proper lien releases prepared and executed. As of the time of
this letter they are still demanding cut sheets from the surveyor and other information. It is apparent they are wanting to show that the box was staked level so they could then demand
payment to relocate. We have been disappointed in their attitude of “no responsibility” from the onset. That attitude continues. We feel our position, although uncomfortable for us,
is justified. If you differ please let me know. Again we hope to have this issue resolved within a day or two. I will keep you updated.

 

 

 Sincerely

   

 

Robert Farrow 

Chief Operating Officer

CPS Civil LLC