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Versar, Inc. - Armed Services Board of Contract Appeals

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were only really needed where there were joist[ s] but it looks<br />

as ifthey provided throughout. It might be worth me calling<br />

Frank to discuss ifall the additional LR are required. Ifthat<br />

would cut down on the total number I think I need to do that.<br />

It may be due to the space involved in the hallways and angles<br />

involved that the nUlnber <strong>of</strong>LR went up also. Again, worth<br />

the call.<br />

(Ex. A-60 at 1) Ms. Harvill planned to go through Mr. Campbell. Mr. Rathmann<br />

suggested a conference call, but Ms. Harvill did not recall that it ever occurred and there<br />

is no evidence that it did. (Id.; tr. 8/125-26)<br />

70. On 13 July 2007 Ms. Chube notified the CO that, as directed, per alternate·<br />

No. 38, <strong>Versar</strong> would double the seismic restraints but would file a claim, and it sought<br />

feedback on its cure notice responses. The CO did not reply in writing but did not issue<br />

any show cause notice and <strong>Versar</strong> understood that the cure notices had been resolved.<br />

The CO did not respond further concerning the seismic restraint issue. (R4, tabs 345, 418<br />

at 4714; ex. A-58; tr. 2/218-19, 3/23, 4/68-69, 9/74)<br />

71. By email <strong>of</strong>17 July 2007 toJJK'sMr. Johnson, Mr. Campbell exhorted that it<br />

was imperative that planned completion dates be met, including beneficial occupancy<br />

turnover on 1 August 2007, such that JJK and its subcontractors would be 100% complete<br />

and demobili~ed by 31 August 2007. The overall HVAC installation was about 90%<br />

complete. At this time J1K and SWF Mechanical (SWF), hired by J1K after Custom left<br />

the site, were performing the HVAC work and J1K had an additional full time project<br />

, manager/superintendent on-site. (Ex. G-82; tr. 4/216-18, 5/31)<br />

72. On 18 July 2007 AFCEE notified the COR and Mr. Valenzuela <strong>of</strong>an inquiry<br />

about invoice No. 9's status (R4, tabs 350, 593 at 7359). The COR responded:<br />

Per our repeated discussions with <strong>Versar</strong>, until they give us a<br />

fully complete schedule showing actual completion from the<br />

beginning <strong>of</strong>the project, I am not approving ANY invoices.<br />

According to their last invoice, they proclaimed that they were<br />

81 % completed, but the only thing that the 81 % really meant<br />

is that they had invoiced 81 % <strong>of</strong>the total. I have seen nothing<br />

from <strong>Versar</strong> that indicated they were [ anywhere] near 81 %<br />

complete and [CO Bryant] made it clear to thenl when they<br />

were here, we would not approve any further invoices until<br />

they got their schedule snafu's straightened out.<br />

32

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