Laserfiche WebLink
<br />meeting we also mutually agreed that $3.00 per cubic yard was the <br />actual cost of placing topsoil on this project. <br />With this claim, CWL requests to be paid for this change of <br />conditions. <br />ITEM # 13 AMOUNT - $1975.00 plus additional accruals (interest) <br />July 26 was the invoice date asking for release of retainage. <br />On other invoices that have not been paid, the date is considerably <br />older. #12 of the Purchase Order Terms & Conditions require <br />interest to be paid at 1$ per month starting on the 46th day, until <br />the balance is paid in full. <br />The DMG has withheld payment as a punitive action against CWL, <br />not because of a good faith dispute. After CWL refused to use the <br />topsoil in 2 stockpiles that weren't identified in the contract to <br />be placed under the lump sum topsoiling prices Task #4, Task #7, <br />Task #9, and Task #13, DMG stopped paying promptly. The DMG <br />representatives tried to coerce CWL into using this topsoil by <br />making up baseless claims about wasted topsoils and areas where <br />topsoil was covered with overburden. Mr. McArdle also threatened <br />to go back upon CWL's performance bond if CWL did not comply. <br />While these coercive actions were ongoing, CWL has been without the <br />use of its money. <br />ITEM # 14 AMOUNT - 5150.00 <br />For 2 hrs with the D7 Cat at $75.00 per hour. No. S on the <br />Final Inspection and Certificate of Completion requested that the <br />road into the West Pit area be sloped 20 into the hill. ~s_ <br />Originally, this road was built using equipment rental time. All A~ JeZf <br />work to be done on this road is additional work. (Field Directive -~ ~ <br />#4 Item No. 2 requests CWL to do this work using equipment rental <br />time). This work was performed. Then a rainstorm silted in the <br />slope, CWL was requested to re-do the slope on the Final <br />Inspection, and performed this work. CWL is entitled to <br />compensation for such additional rental time. <br />DMG has asserted claims for the following, which are <br />groundless: <br />#1. The 6 foot Ponderosa Pine tree was within the 75 acres <br />scheduled to be reclaimed. We saved all the trees on this project <br />that we could and achieve the required grading. We were not <br />required by the contract to save any trees. <br />#2. Chens Hill Ditch with riprap as addressed earlier in the <br />letter. <br />- 8 - <br />