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<br />In early November, IIvIP came to We conclusion that in view of the growing dispute with the <br />CONTRACTOR and the CONTRACTOR'S seeming unwillinsness to build the ditch to <br />specifications it was in the best interest of the Division and the CONTRACTOR to consider <br />the job complete. See the attached November 8, 1994 memo from John Nelson to Maggie <br />Van Cleef. <br />Advertisement for final settlement was arranged immediately. The advertisements were <br />published on November 14 and 15, 1994, with the final settlement date being November 25, <br />1994. MAG <br />9. A Field directive was signed on 2-26-94, by John Nelson acrd the unders{grrP.d The <br />contract requires a change order to be issued within 14 days of such field directive, and <br />CWL could not biU until the change order was n~ceived I:WL did not get a change <br />order until 5-23-94. <br />Response: The CONTRACTOR was not required to wait until change orders were <br />approved in order to bill for work completed. The change order in question resulted in <br />installing a temporary gate in Dr. Corle}~s fence to allow Energy Fuels access to their mine <br />fan during construction activities at the north slope on the perimeter of Chen's Hill. It was <br />a lump sum for installation and removal. The gate was actually installed on February 23. <br />Dr. Corley decided Wat he did not like a gate at this location and removed it on February <br />26. Even though CWL only did half of the agreed upon job, the OWNER agreed to pay <br />the full cost, as it was bid lump sum. The delay in the change order could have been <br />corrected by communication from the CONTRACTOR. <br />5 <br />