REA Final - 22 Dec 20 - eBook - 1682 pages

Preface

Spearhead Construction, LLC (“Spearhead”): Spearhead, a minority, woman, and veteran owned business, successfully completed the agreed scope of work for interior carpentry and finishes at the Pedestrian Bridge B (PBB) of the LaGuardia Airport Central Terminal Building Replacement Project. 1 Request for Equitable Adjustment: Spearhead requests an equitable adjustment (REA) to its contract in the amount of $2,265,784. Issues beyond Spearhead’s control negatively impacted productivity, driving costs substantially higher than the original contract price. Spearhead Scope: Spearhead’s work took place on Level 4 at the Pedestrian Bridge (PBB). Spearhead’s interior carpentry scope of work included installation of walls, ceilings and soffits. Spearhead also enclosed structural steel trusses with sculpted Glass Fiber Reinforced Gypsum and Cement (GFRG/C) to conceal the steel members. Scope was added to Spearhead’s contract to include walls and ceilings at transition areas on Levels 1 through 3, and the escalator from Level 4 to Level 3. Primary Issues While Spearhead anticipated its work to be challenging, it did not expect to be buried by three (3) major issues: Each of these issues created cascading delays, productivity losses, or increased labor hours, which escalated job costs. Throughout the construction timeframe, Spearhead informed the Project Management team, daily, about these issues. 2 Delayed Start Prior to signing its contract, SWJV never shared the extent to which the project was already delayed or the extent of the known structural steel deficiencies. As a result, Spearhead planned its work in accordance with milestone dates found in Exhibit D of its Subcontract, 3 which provided an eight-month duration to complete its work. Spearhead’s start was delayed by four and a half months . Despite providing timely Notice of Delay, 4 SWJV refused to extend the deadline for completion of Spearhead’s work. 1 Subcontract Number 1213126J-000.620027 2 CH 2: Chronological Account, Field Notes & Emails; CH 3: Notices, Notices Email 3 Appendices, Contract Documents, PBB Exhibit D Milestone Dates 4 CH 3: Notices, Notices – Letter, Delayed Start, 8 Aug 19 Letter – Notice of Claim: Revised Start Date What Spearhead “bid” and what Spearhead “found” upon arrival were significantly different conditions. 1. Delayed start, 2. Structural steel deficiencies, and 3. Lack of Project Schedule

Spearhead Construction, LLC * PO Box 575 * Fort Montgomery, NY 10922