REA Final - 22 Dec 20 - eBook - 1682 pages

DocuSign Envelope ID: AC0BBAEC-5F61-4269-979D-F224A86A7E76

Skanska/Walsh Joint Venture LaGuardia Airport Hangar 5A Runway Drive Flushing, NY 11371

February 13, 2020

Andee Hidalgo Spearhead Construction, LLC PO Box 575 Fort Montgomery, NY 10922

Via Procore: andee@spearheadcx.com

RE: LaGuardia Airport Central Terminal Building Replacement Project (the “ Project ”); Subcontract No. 620-027 (the “ Subcontract ”) between Skanska/Walsh Joint Venture (“ SWJV ”) and Spearhead Construction LLC (“ Spearhead ); Notice to Spearhead – Refusal to Perform Contract Work At Brooklyn Diner.

Ms. Hidalgo:

Part of the scope of Spearhead’s work described in Exhibit A General Scope of Work Requirements subsection H Spec section 09290 – Gypsum Board Assemblies provides “Subcontractor shall furnish and install all framing and drywall enclosures at retail header enclosure and coordinate framing and manually operating folding security system track along BR Line as shown on A21-AJ-4L-BG-6C and A84- 74-00-00-00.” SWJV requested on several occasions through written and verbal communication for Spearhead to commence and continue satisfactory correction of this scope and perform the required framing work at the retail header (Tube Steel and Awing at the Brooklyn Diner). Reference attached emails on October 28, 2019 and again on January 8, 2020. During a site walk on January 7, Spearhead denied responsibility for this work and has not taken any steps of which SWJV is aware to commence this work, which is causing delays and impacts for which Spearhead will be responsible under the Subcontract terms and conditions at Article 3.1 ( time for performance ); 11 ( liability for delays ), 12.1(b)( default ) and 18.1 ( indemnity ).

Therefore, as a necessary mitigation to Spearhead’s inaction and failures, SWJV will have the work performed by another contractor at Spearhead’s expense.

Sincerely,

Frank Corallo Sr. Project Manager

cc.

Brian Mock - SWJV John Dolan - SWJV

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PBB-9963-200213-Notice to Spearhead – Refusal to Perform Contract Work At Brooklyn Diner

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