Free Exhibit to a Document - District Court of Delaware - Delaware

Case 1:04-cv-01416-JJF Document 49-2 Filed 08/25/2005 Paget of 2
I1. in addition, Chugaeh agreed to use the UPG for ati future estimates or to
seek additionai funding from the United States Government to offset the
inadequate wage price structure retleeted in RSMEANS.
12.. 1 continued the agreement reached at this meeting through a memorandum
to Robert Hafey dated October 3, 2003 (the “Memo").
13. Jersey Shore agreed to perform subsequent deiivery orders only pursuant
to the negotiated terms set forth in the Memo. Chugach also agreed to
perform pursuant to the Memo.
i4. In reliance upon Chugaelfs representations, Jersey Shore agreed to and
performed work on future DC}/NTPs. However, in late December, 2003,
Jersey Shore discovered that Chugaoh had ootnpleteiy disregarded the
terms of the agreement reached at the second meeting by, among ether
things, using RSMEEANS wage data without adjustment by the UPG data
in its estimates and failing to negotiate additional funds for the work.
15. Jersey Shore continued in good faith to perform all existing DO/’DTPs, but
rehtsed to accept iurther work trorn Chogaeh, while attempting to obtain
the agreed additional. compensation from Chugach.
I6. Despite Jersey Shore’s entitlement to payment, Chugach established a
pattern of iate payment to Jersey Shore for work completed and invoiced.
Eventualiy, Chugaclfs delay resulted in the nonpayment of viztualiy ai]
progress payments from November, December and January until late
February 2004.
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Case 1:04-cv-01416-JJF Document 49-2 Filed 08/25/2005 Page 2 of 2
E?. Subsequently, James Hutton, Divisional Vice President of Chugach,
became involved and authorized payment of over $500,000.00 to Jersey
Shore. Mr. Hutton was terminated by Chugach shortly thereafter.
ttl. Jersey Shore has expended substantial amounts of money in paying legal
costs to prosecute its rights and iacurrect finance charges as a result of
carrying the project when Chugach failed to pay in a timely manner.
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury under the laws of
the United States of America that the foregoing is two and correct. This Declaration is
executed this 24m day of August, 2005.
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Dar 13. eehan
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