REA Final - 22 Dec 20 - eBook - 1682 pages

PO Box 575 Fort Montgomery, NY 10922

February 24, 2020 Frank Corallo Skanska Walsh Design-Build JV LaGuardia Airport Hangar 5A Runway Drive Flushiing, New York 11371 Re: Response to Spearhead Damage to Brooklyn Diner Millwork by Spearhead lift. Project: Subcontract No. 620-027 We are in receipt of you letter, dated February 24, 2020. We disagree with assertions that a Spearhead scissor lift damaged millwork in the Brooklyn Diner. Spearhead completed its work in the Brooklyn Diner, last week. However, on Friday, February 21, 2020, SWJV directed Spearhead to return to the Diner to perform extra work. Spearhead performed this work on Sunday, February 23, 2020. Specifically, SWJV directed Spearhead to install a control joint at the sloped wall near the entry. At no time did Spearhead enter or work in the space without SWJV’s knowledge. Please note that you were copied on the written directive to Spearhead. See attached. I personally was on site Sunday, February 23, 2020, and observed Spearhead perform this work. Spearhead’s Superintendent, shown in the images attached to your letter, was also on site supervising this work. At no time did Spearhead’s scissor lift go anywhere near the millwork shown in these images. Spearhead’s work was limited exclusively to the sloped wall entry. The images of damaged millwork have no connection to Spearhead. Your letter also references that the incident occurred on Monday, February 24, 2020, which is inconsistent with the email and images from Holt Superintendent, Pat McAllen. Furthermore, the Holt Superintendent acknowledged previously damaged millwork and asked to be advised if additional lift work would be required in the Diner. The email did not state that Spearhead caused the damage shown in the images. That being said, today, February 24, 2020, SWJV directed Spearhead to repair/patch an opening in the ceiling, caused by others, in the diner. At no time did Spearhead damage any property while making the repair. For these reasons, Spearhead will not be responsible for any costs or impacts to the work schedule. Spearhead reserves all rights and remedies under the Subcontract Agreement. Mr. Corallo,

Sincerely,

Andee Hidalgo Owner & President Cc Sean Szatkowski, John Dolan, Brian Mock