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<br />July 26 was the invoice date asking for release of <br />retainage. On other invoices that have not been paid, the <br />date is considerably older. !112 of the Purchase Order Term <br />and Conditions require interest to be paid at 1X per mon[h <br />starting on the 4tith day, until the balance is paid in full. <br />The DMG has c,ithheld payment as a punitive action <br />against. CWL, not because of a good faith dispute. After CWL <br />refused to use the topsoil in '? stockpiles that were not. <br />identified in the contract to be placed under the lump sum <br />topsoiling prices Task Ic4, Task 117, Task 119 and Task 1113, <br />DMG stopped paying promptly. The DMG representatives tried <br />to coerce CWL into using this topsoil by making up baseless <br />claims about wasted topsoils and areas where topsoil was <br />covered with overburden. Mr. McArdle also threatened to go <br />back upon CWL's performance bond if CWL did not comply. <br />While these coercive actions were ongoing, CWL has been <br />without the use of its money. <br />After examination of the invoices that were returned with <br />DMG October 7 letter it appears that they started holding <br />more money than the contract allowed. Specifically in CWL's <br />Mach 21 invoice 111060 CWL build for 113 North end backfill <br />and grading ( $6104.40) in the DMG's foot notes it indicated <br />that it was SOX complete. But they only paid for 10X of the <br />total job. <br />Further the contract alloors them to withhold progress <br />payments if we are not satisfactorily performing the <br />contract (general conditions 11 29 ). This is not what DMG has <br />done. They have with held the retainage at the end of this <br />project solely as a leverage tool. They have no legal <br />authority to hold or claim on this money. <br />Also in Mrs. Browns claim decision she didn't add interest <br />on the money owed as required by C.R.S. at 11X. <br />All this work was complete July 12;-1994 and CWL has been <br />trying to get paid ever since. The oldest invoice not paid <br />and as yet still not paid dates back to March 1994. <br />ITEM Il 14 AMOUNT - $150.00 <br />For 2 hc's with the D7 Cat at $75.00 per hour. No. 8 on the <br />Final Inspection and Certificate of Completion requested <br />that the road into the West Pet area be sloped 2X into the <br />hill. Originally, this road was built using equipment <br />rental time. All work to be done on this road is additional <br />work. (Field Directive 114 Item No. 2 requests CWL to do <br />this work casing equipment rental time). This work was <br />performed. Then a rainstorm silted in the slope, CWL was <br />requested to re-do the slope on the Final Inspection, and <br />performed this work. CWL is entitled to compensation for <br />such additional rental time. <br />11 <br />