Laserfiche WebLink
Gmail - RE: [CudaMailTagged] Intent to File a Lien-Wildcat Ming Corporation(Respons... Page 2 of 5 <br /> expressed concern that Mountain Man's equipment and procedures were not consistent with current <br /> industry standards. We have had numerous telephone and e-mail communications with John Mower of <br /> Mountain Man to receive more detailed as-built drawings that are stamped by him as a licensed <br /> Professional Land Surveyor which you now have in hand. Please be advised that Mountain Man is one of <br /> Opal's sub-tier suppliers that cannot receive further payments from Opal until we receive payment from <br /> Wildcat. <br /> Comment No.3 - We have itemized our concerns(711612014)and our position related to cost <br /> adjustments. We have also presented our potential regulatory exposure we maybe facing going forward <br /> because of the deviations in implementing the approved design and contract. <br /> Response No. 2—Opal provided response to your concerns in my memo to you dated 7/18/2014.Any <br /> regulatory exposure you may face is unrelated to Opal's work and is a direct result of Wildcat's erroneous <br /> design and construction drawings and differing site conditions. Wildcat engaged in corrective measures <br /> with Opal when the design documents were found to be erroneous, agreed with all modifications and <br /> approved and directed the work. <br /> Comment No. 3 - We received a notice from EPA/Army Corp(dated 81412014) that they will be reviewing <br /> the project and assessing compliance with a draft consent agreement. This carries substantial penalties if <br /> they determine the road was not constructed in accordance with the draft consent agreement. This concern <br /> was presented in our itemized list presented to Opal on 8/7/2014. <br /> Response No.3—1 have no knowledge of a draft consent agreement between Wildcat and EPA/Army <br /> Corps of Engineers nor was Opal provided a copy of the draft consent agreement. <br /> Comment No.4- We will pay what we agree is owed within 30 to 60 days and is subject to resolving <br /> outstanding concerns related to the road as outlined in the contract. If you elect to continue on the path to <br /> file a lien on the property, the time to resolve this issue may take up to a couple of years to resolve and the <br /> process will cost both of us time and money. <br /> We will file counter claims in the event a lien is filed. Obviously payment will be withheld until this issue is <br /> resolved. Using the court is not desired and not an option of our choice. <br /> Response No.4- Opal expects immediate payment of past-due invoices in full ($257,751.29 plus <br /> interest) in accordance with the contract between Opal and Wildcat, and not what you`agree is owed"and <br /> not"within 30 to 60 days." The filing of liens is one of a number of mechanisms that contractors, <br /> subcontractors and suppliers in the state of Colorado are obligated to initiate to secure amounts owed in <br /> the event of nonpayment. Based on conversations with Opal's subcontractors, I anticipate that liens by <br /> others will also be filed shortly. We will release Opal's lien only upon payment in full. In the event that <br /> Wildcat elects to file a counterclaim as you stated, please be advised that Opal will pursue additional <br /> avenues to receive its payment and will also submit its Type I and Type 11 Differing Site Conditions claim for <br /> additional labor, equipment and materials that were employed to correct defects in the design and <br /> construction drawings and unanticipated conditions in the field. <br /> https://mail.google.com/mail/u/0/?ui=2&ik--fffaba4696&view=pt&search=inbox&th=147c... 8/12/2014 <br />