Free Memorandum of Contentions of Fact and Law - District Court of Federal Claims - federal

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS BRERO CONSTRUCTION, INC., PLAINTIFF, VS. THE UNITED STATES, DEFENDANT. ) ) ) ) ) ) )

NO. 00-775C (Judge Yock)

PALINTIFF'S PRE-TRIAL MEMORANDUM OF CONTENTIONS OF FACT AND LAW AND WITNESS AND EXHIBITS LISTS Pursuant to the Court's Order February 16, 2006 Order and Pursuant to Appendix A to the Rules of the United States Court of Federal Claims, the Plaintiff hereby submits its memorandum of contentions of fact and law and witness and exhibit lists.

Introduction: At the trial in this matter Plaintiff Brero Construction, Inc. (hereinafter "Brero") will prove that the Department of Labor (hereinafter "DOL") provided defective and deficient plans and specifications which included admitted architect errors and omissions ("A/E Errors") for the construction of the Job Corps Training Center in San Jose, California. These defective and deficient plans resulted in inefficiencies and delays in the construction of the facility. The DOL has claimed that the contract was completed late and that Brero owes the DOL for liquidated damages on the contract. The evidence will show that the DOL evaluated the claims submitted by Brero and in many instances through internal review found that the changes were the result of the A/E errors and omissions for which the government was responsible. Brero is seeking compensation under two remaining Requests for Equitable Adjustment ("REA") number 170 and 222. 1

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Statement of Facts: On January 15, 1993, plaintiff, Brero Construction Inc. ("Brero"), and the Department of Labor entered into a contract for work involving the San Jose, California Job Corps Center. Brero was to demolish certain buildings on the site, renovate others, and build some new buildings. The original contract was for a firm fixed price of $8,268,000. Certain modifications were made to the contract and its price was accordingly raised to $8,999,199. The original completion date of the contract had been 546 days from the Notice to Proceed, which was February 1, 1993. With the modifications noted above, the substantial completion date was pushed back to September 9, 1994 with a project closeout date of November 4, 1994. In early 1993, the San Jose area was subjected to very heavy rains. These rains caused the soil in the are of the Job Corps Center to be so saturated with water that progress on the project would be substantially delayed. In March, 1993, Brero brought the soil conditions to the attention of the Contracting Officer ("C.O.") and the parties engaged in discussions on the appropriate remedy. Ultimately, the C.O. agreed to provide a non-compensable extension of time. Throughout the lifetime of the project, the Department of Labor made several changes to the contract. They included some additional requirements. For many of these changes, the C.O. determined that no additional costs were incurred and that no additional time would be required for completion of the job. The project was substantially completed on November 7, 1994. 2

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Brero made several requests for equitable adjustment regarding the changes and the supposed inefficiencies they caused. A number of them have been resolved through a settlement at the Department of Labor Board of Contract Appeals. Brero submitted a Time Impact Analysis dated October 9, 1998, a Revised Quantum dated December 2, 1998, a Final Loss of Productivity Analysis dated September 20, 1999, revised COP 170 and 222, and a Time Impacted Analysis including A/E errors in October 1999. The C.O has submitted a Preliminary Evaluation of Brero Construction, Inc. Time Impact Analysis (October 9, 1998) and Revised Quantum (December 22,1998), Loss of Productivity Analysis (September 20, 1999), Proposed Change Order 170 (September 1999) . Two sets, which were denied by the C.O. and not resolved by settlement remain: They are Change Order Proposal ("COP") 170 and COP 222. COP 170, which is a request for a $ 246,411.97 equitable adjustment was based upon the additional "general conditions" costs generated by the change orders and the corresponding delay they caused in completion of the project. COP 222 is a request for $ 697, 826.80 in equitable adjustment for "loss of productivity" in the framing work on the project, caused by actions of the Department of Labor. Both remaining COP's were denied by the C.O. in a decision dated June 1, 2000, and the Government asserted a $9,870 claim against Brero for liquidated damages as a result of Brero's completing the project 42 days ( the C.O. determined that Brero should only be held responsible for 42 days of the 59 day delay) at the contractual rate of $ 235 per day.

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Statement of Contested Facts The parties generally dispute whether the requests for equitable adjustment in COPs 170 and 222 should be paid to Brero. Whether the delay in completion of the project was compensable or whether a portion of it should not be subject to any compensation whatsoever. This, in turn, is based upon assigning responsibility for the delays. The Government believes that many of the delays were based upon acts of God, which are not compensable and that other delays would have occurred in any event due to problems Brero was experiencing with subcontractors. Brero believes that its analysis shows the delays it is claiming are squarely the fault of the Government. Whether there was a calculation of the appropriate overhead in the delay claim. It is the Government's position that the overhead claimed by Brero is either not appropriate at all or too high. Brero believes otherwise. Whether the labor inefficiencies claimed by Brero are compensable. The Government questions that total cost method used by Brero in determining that its changes in the contract caused the labor inefficiencies cited by Brero. Brero argues that it made a reasonable calculation, demonstrating its different efficiency when "clean" of Department of Labor inefficiencies compared to when it was subject to them. Whether Brero owes the United States money under the liquidated damages clause of the contract. Brero asserts this counterclaim is barred because the Government's claim was released in the settlement of the settlement agreement in the related case before the Department of Labor Board of Contract Appeals. 4

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Statement of Facts to be addressed at Trial Plaintiff submitted a Proposal dated November 3, 1997, followed by Plaintiff's Request for Equitable Adjustment dated November 14, 1997. Whether Plaintiff is entitled to compensation under the Proposal. Plaintiff submitted a Time Impact Analysis on October 9, 1998. Whether Plaintiff is entitled to compensation under the Proposal. Plaintiff submitted a Revised Quantum dated December 22, 1998. Whether Plaintiff is entitled to compensation under the Proposal. In October 1999 Brero submitted a Final Revision to the Quantum in regards to Change Order Proposals 170 and 222. The Proposal addressed the A/E errors identified by the DOL. Whether Plaintiff is entitled to compensation under the Proposal. Defendant has had Warner Construction Consultants, Inc. prepare a Preliminary Evaluation of Brero's Claims dated May 24, 1999. Whether the Evaluation addresses the issues raised by the Plaintiff. Defendant has had Warner Construction Consultants, Inc. prepare an Evaluation of Brero's Claims dated December 1, 1999. Whether the Evaluation addresses the issues raised by the Plaintiff and the allegations of A/E errors.

Identification of Contract Clauses and Regulations Applicable 1. Breach of Contract 2. Accord and Satisfaction 3. Suspension of Work 5

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4. Government Delay of Work 5. Unabsorbed Overhead 6. Loss of Efficiency

Proposed Conclusions of Law with Citations

1. Breach of Contract In a breach of contract action, a contractor may recover both delay costs (costs incurred while no work was being performed) and impact costs (increased costs of performing work). Luria Bros. & Co. v. United States, 177 Ct. Cl. 676, 369 F.2d 701 (1966). 2. Accord and Satisfaction Accord and satisfaction is the process of the making and performing of a bilateral agreement modifying an already existing contract. The "accord" is the bilateral agreement as to some specified additional performance to satisfy a disputed claim. The "satisfaction" is the completion of that specified additional performance. An accord is like any other contract. "Plaintiff may not at will rescind the accord. Like other contracts, an accord, if supported by consideration, cannot be validly repudiated except for cause." Robinson Contracting Co., Inc. v. U.S., 16 Cl.Ct. 676 (1989) The price adjustment document - the change order or contract modification, specifically states the additional work performed or to be performed by the contractor and the additional compensation to be paid by the government. 6

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Customarily, but not in every case, the change order contains release language attempting to further specify and limit recovery of costs caused by the changed work. That is, for instance, the impact of the additional work on unchanged work, or the effect on the time of performance of the base contract. Release is a different theory than accord and satisfaction. Both are means of discharging an obligation. Accord and satisfaction is a bilateral operation in which the parties exchange consideration - that is, compensation by one for performance by the other, thereby discharging the claim. Discharging a claim by release, on the other hand, is a unilateral action by one of the parties disclaiming a contract right or obligation. CIBINIC & NASH , 3d, - p. 1218, et seq. In practice, Courts and Boards do not always make this distinction. The Court of Federal Claims pointed out the confusion and explained the difference. McClain Plumbing & Elec. Serv., Inc. v. U.S., 30 Fed.Cl 70, 78 (1993) This decision pointed out that "[w]hile an accord and satisfaction may contain an express release for the immediate discharge of a contractual right or obligation, a release constitutes no condition precedent to discharge by accord and satisfaction." (emphasis in original) Cibinic & Nash discuss 5 theories under which a release may be avoided. ·Lack of consideration ·Mistake ·Economic Distress 7

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·Fraud ·Lack of Authority Cibinic & Nash generally discuss failure of accord and satisfaction; however, the Courts and Boards have stated 5 essential elements of an effective accord and satisfaction. ·Proper subject matter ·Competent parties ·Meeting of the minds ·Consideration ·Acceptance of payment or performance in satisfaction of a claim or demand which is a bona fide dispute Westerhold v. U.S., 28 Fed.Cl. 172 (1993) Aside from its own existence as a distinct theory, release seems also to be treated as if it were a part of the consideration in an accord. This has not been seen to be specifically stated in any decision, but is simply an observation, and perhaps an explanation for the confusion pointed out by the Court in McClain. CASE LAW Although the newer cases were all found in the Claims Court or Court of Federal Claims, they all rely upon decisions from and consistent with Court of Claims decisions.

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Brock & Blevins,Co. v. U.S., 343 F.2d 951 (Ct.Cl. 1965) This decision is most often cited for the elements of an accord and satisfaction. "'The essential elements of an effective accord and satisfaction are proper subject matter, competent parties, meeting of the minds of the parties, and consideration. And its most common pattern is a mutual agreement between the parties in which one pays or performs and the other accepts payment or performance in satisfaction of a claim or demand which is a bona fide dispute. citing Nevada Half Moon Mining Co. v. Combined Metals Reduction Co., 176 F.2d 73 (10th Cir. 1949), cert. denied 338 U.S. (1950) In this case the contractor was delayed and negotiated an equitable adjustment. In the contractor's subsequent breach of contract claim for delay damages the Court found that "The claim for damages was necessarily considered by both parties as an integral part of the claim for extra work." Merritt-Chapman & Scott Corp. v. U.S., 439 F.2d 185 (Ct.Cl. 1971) In this case where a modification for an extension of time was written under the Termination for Default-Damages for Delay-Time Extensions clause, the contractor requested delay damages under the Suspension of Work Clause for monetary damages due to actions of the government. The government cited an accord and satisfaction under the modification. The Court held that monetary damages are not available under the termination clause and that the modification necessarily could only be for additional time. The Court reasoned that the modification was not an accord and satisfaction of any 9

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monetary claim, and that the modification was only evidence of an accord and satisfaction as to the length of the various delays. Nelson Bros. Const. Co. v. U.S., 650 F.2d 290 (Ct.Cl. 1980) In this unpublished decision, the holding went against the contractor, but is directly on point with our fact situation and provides support for our position that Modification 6 as to the work in wet ground constituted an accord and satisfaction. The Court upheld the finding of the Agriculture Board, finding "that there was substantial evidence supporting the Board's inference, inter alia, that 'about 10 percent' of the project involved wet material due to live subsurface water and that plaintiff was correctly compensated under the Differing Site Conditions clause of the contract for the extra work involved in the extraction of this material;...that a change order covering a portion of the project constituted an accord and satisfaction and the Board did not err therefore in excluding from the allowance of plaintiff's claim for additional compensation for excavation of wet material that work (sic) covered by the change order;..." Laka Tool & Stamping Co., Inc. v. U.S., 639 F.2d 738 (Ct.Cl. 1980) Here the Court also found an accord and satisfaction, but as to claims other than those being presented. The Court found no evidence that in negotiating an agreement the parties had considered the present claim, or that the parties intended to bar this claim. The Court also held that the contractor had not waived its claim by failing specifically to reserve its rights when the agreement was made. "The language of the agreement certainly does not amount to an express waiver of the 10

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present claim. As discussed above the modification agreement applies to other claims entirely." Mass. Bay Trans. Authority v. U.S., 129 F.3d 1226 (Fed.Cir. 1997) Here the Federal Circuit relied upon Brock & Blevins, supra, and stated "Neither was there evidence of an intent to finally dispose of the dispute nor sufficient and undisputed elements of an accord and satisfaction. (an accord and satisfaction requires consideration and a meeting of the minds)." Also, in 1 of only 2 discussions of the issue, (see CYR in conclusion) the Court stated, "Thus it is appropriate to look at the surrounding circumstances, to determine whether the change order was intended to be, and is, a fully integrated settlement of the disputed issue. "It is not only the writing that controls whether the document is fully integrated, but also the circumstances surrounding its execution.' 'The writing cannot prove its own integration.'..."whether a writing was adopted as a completely integrated agreement may by proved by 'any relevant evidence', that 'a writing cannot of itself prove its own completeness,' and that 'wide latitude' must be allowed for inquiry into surrounding circumstances.)" citations omitted King Fisher Marine Service, Inc. v. U.S. 16 Cl.Ct. 231 (1989) In this case the Court denied the contractor's claim after examining the circumstances in reference to each of the 5 elements of an accord and satisfaction. The Court's analysis implied that "competent parties" and "proper parties" are equivalent and found that element met by the fact that the same parties that negotiated the change order were the parties before the Court. 11

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The Court found that the government had paid the contractor according to the terms of the agreement meeting the consideration element. Because the contractor submitted a proposed change in the contract price for work performed pursuant to the change order the bona fide dispute element was met. The parties negotiated the dispute and reduced their agreement to writing which included the language that such "'modification constitutes compensation in full on behalf of contractor...for all costs and markups directly or indirectly attributable to the changes ordered herein.'" The contractor could not have failed to understand the significance of the language, nor that the money paid constituted an accord and satisfaction of all claims related to the change order. Thus, the meeting of the minds element was present. Finally, the Court determined that the claims before it were based upon the change order. That is, the subject matter of the modification was the same as that stated in the contractor's complaint., therefore meeting the proper subject matter element. Valcon II, Inc. v. U.S., 26 Cl.Ct. 393 (1992) This Court held it irrelevant that a delay occurred after the execution of a modification and release. A general release bars claims based upon events occurring prior to the date of the release. In this case the delays occurred because of the work that was the subject matter of the modification. Further, the Court found it clear that the contractor believed it had a delay claim when it executed the release, but failed to reserve its rights in the modification.

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CYR Constr. Co. v. U.S., 27 Fed.Cl. 153 (1992) This claim related to the impact of changed work on unchanged work. "Agreement as to the costs for the changed work itself, in the absence of express negotiations, does not establish an accord and satisfaction for resulting impact delays on unchanged work." The government argued that the language in the release that it deals with all costs and markup "'directly or indirectly attributable to the change order.'" included all delays incident to both changed and unchanged work. The contractor argued that covered only delays to the changed work. The Court found both interpretations to be reasonable, stating "When the same language may be cited as reasonable support for each party's contentions, the contract is ambiguous." This last finding of ambiguity was not seen in any other decision read, but may be looked at as nearly another element in the finding of an accord and satisfaction, especially in light of the fact that such releases must necessarily be broad in scope they are after all intended to cover costs that may occur in the future, and therefore impossible to specify. Westerhold v. U.S., 28 Fed.Cl. 172 (1993) This case was fairly straight forward. A modification for monetary compensation was agreed to, but a time extension was specifically excluded and the parties continued to negotiate time after the modification was signed. The Court found no meeting of the minds as to time and that the parties did not intend for the modification to bar a later claim for time. 13

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Coastal Industries v. U.S., 32 Fed.Cl. 368 (1994) In this case, as in Westerhold, the Court found no meeting of the minds based on continued negotiation after signing of the modification. C&H Commercial Contractors v. U.S., 35 Fed.Cl 246 (1996) In this decision the Court presented an extensive explanation of the 5 elements of accord and satisfaction. The result seemed to require a finding that the modifications, containing no exceptions or reservations, barred the contractor from further claims for delay and impact damages. However, the Court then admitted parol evidence based on the exception to that rule that in the case of mutual mistake or fraud or a material misrepresentation upon which the other party reasonably relies. In this case the contractor was able to present persuasive evidence that throughout the negotiations the parties expressly agreed that the modifications would not affect delay/impact costs and that those costs could be pursued in a subsequent claim, that the contractor expressly refused to sign the agreements unless the government agreed to exclude those costs, and that the contractor specifically reserved its right to file claims at the conclusion of the project. Note: the releases in these modifications were hum-dingers and even excluded EAJA. Morris v. U.S., 39 Fed.Cl. 7 (1997)

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Here a property buyer insisted on rent being prorated between buyer and seller for the month of the sale. The seller stated that no rent had been paid so there was nothing to prorate. The buyer insisted on compensation and the seller offered $2,000 credit on the purchase price. It turned out that tenants in the property had not been paying rent and that fact was not revealed to the buyer. In a suit to rescind the contract and for damages for lost rental income the seller argued that an accord and satisfaction as to unpaid rent had been made by the $2,000 credit. The Court held there was no evidence that at the time the $2,000 credit was made either party was aware of any claim and therefore there was no meeting of the minds regarding the import of the credit. Although not stated in the opinion, it also seems that the situation would fall under the element requiring that there be bona fide dispute that an accord and satisfaction is made in settlement of. Statesman Sav. Holding Corp. v. U.S., 41 Fed.Cl. 1 (1998) Here the Court found an agreement that so specifically addressed what was included that it was not intended to be a global release, and that no meeting of the minds had occurred as to the claim before it since it was not specifically stated in the agreement. Pathman Const. Co. 88-1 BCA ¶20,389 This Board held that the contractor's signing of the modification without reservation established an accord and satisfaction.

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Attached here is a copy of a previous memo summarizing decisions made in various Boards of Contract Appeals based on the 5 elements. Other decisions found which deal summarily with the issue, as in Pathman, supra, have not been included here since they offer no insight into the analysis of whether an accord and satisfaction exists. CONCLUSION: Although there are many decisions such as Pathman which dismiss contractor's claims with a summary "You signed it, you bought it." conclusion, there are also many cases in which the contractor was allowed to argue and present evidence as to the intent of the parties at the time of executing an agreement. Although, "As a general rule, the execution of a release which is complete on its face reflects the contractor's unqualified acceptance and agreement with its terms and is binding on both parties.", C&H, supra, the mere existence of an agreement is not necessarily conclusive evidence in itself. "Modification agreements generally are not considered to be independently conclusive evidence that the parties intended that the agreement include impact costs." CYR Const. Co., supra (see also Massachusetts Bay, supra) 3. Suspension of Work Entire delay in ordering new technique to overcome differing site condition compensable under the suspension of work clause. Beauchamp Constr. Co. v. United States, 14 Ct Cl. 430 (1998).

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4. Government Delay of Work Court construed that recovery of impact costs are recoverable. Paul Herman, Inc. v. United States, 186 Ct. Cl. 743, 406 F.2d 1357 (1969).

5. Unabsorbed Overhead Contractor can recover as damages the amount of overhead on a daily basis allocable to the period of the overrun for which the Government is responsible. J.D Hedin Const. Co., Inc. v. United States, 347 F.2d 259. 6. Loss of Effeciency A contractor may recover loss of efficiency if it can prove both that a loss of efficiency has resulted in increased costs and that the loss was caused by factors for which the Government was responsible. Luria Bros. & Co. v. United States, 177 Ct. Cl. 676, 369 F.2d 701 (1966).

List of Exhibits See attached Exhibit A. List of Witnesses

1. Claudette Weber, 435 Hillway Drive, Redwood City, CA 94062. Mrs. Weber can testify as to the biding for the project, the scope of work, the performance under the contract, the claims asserted by the Plaintiff. 2. Frank Versaw, 2220 East Bijou, St. 156, Colorado Springs, CO 80909. Mr. Versaw can testify as to the claims asserted against the Defendant.

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3. John M. Steenbergen, Contracting Officer, Department of Labor, address unknown,. Mr. Steenbergen can testify as to the biding for the project, the scope of work, the performance under the contract, the claims asserted by the Plaintiff, and the defenses raised by the Defendant. 4. Troy Caperton, DMJM, 2101 Wilson Blvd., Suite 200, Arlington, VA., 22201. Mr. Caperton can testify as to the biding for the project, the scope of work, the performance under the contract, the claims asserted by the Plaintiff and the defenses raised by the Defendant. 5. Kim Murphy, DMJM, 2101 Wilson Blvd., Suite 200, Arlington, VA., 22201. Ms. Caperton can testify as to the biding for the project, the scope of work, the performance under the contract, the claims asserted by the Plaintiff and the defenses raised by the Defendant. 6. Stanley A. Burger, Chief, Division of Administrative Services, Department of Labor, address unknown. Mr. Burger should be able to testify regarding the Department of Labor assessment of the Change Order Proposals and the assessment of A/E error or mistake in the design of the project for the Change Order Proposals submitted by Plaintiff in this matter.

RESPECTFULLY SUBMITTED, RONALD L. ROBERTS, P.C. s/ Ronald L. Roberts Ronald L. Roberts Attorney for Brero Construction, Inc. P.O. Box 3235 Monument, CO 80132 719/593-7773 Telephone 719/531-7312 Facsimile 18

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OF COUNSEL: Michael Pisias, Esq. Law Office of Michael Pisias 177 Post Street, Suite 700 San Francisco, CA 94108

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Exhibit A1

Date 3/9/1993 2/6/1993 3/9/1993 undated 3/16/1993 3/26/1993 3/29/1993 4/2-4/6/93 5/4/1993

Document Type COP 1 CR COP COP 1 Ltr Ltr Ltr Dly Diary Memo Fragnet COP 2 Addendum 3 CR Memo Proposal Proposal Proposal Proposal COP 2 COP 2 Memo Dft Ltr Ltr Dly Diary Memo Fragnet COP 3 Pay App 1 Ltr Ltr Ltr Ltr Ltr Ltr Trans Ltr Ltr Ltr COP 4 Ltr COP 4 COP 4 COP 5 Notes Proposal Proposal COP 5 Letter Memo Memo Dly Rprt COP 6 Ltr Ltr COP 6 Ltr Minutes Ltr Memo Ltr Letter Note Dly Diary Fragnet COP 7 Ltr Ltr COP 7 COP 7 Letter Memo Ltr

Description Demo duct enclosure Bldg. F No Demo note Demo duct enclosure Bldg. F Draft TSG - re Bldg F demo duct enclosure DOL - re COP 1, DOL - re COP 1, DOL - re COP 1 re COP 1 Asbestos abatement Bldg. F re asbestos abatement work asbestos found asbestos found Asbestos removal Asbestos removal Asbestos removal Asbestos removal asbestos abatement Draft Cost verification for proposal by BCI for asbestos abatement DOL - re COP 2 DOL - re COP 2 Removal & disposal of asbestos containing material in Bldg F COP 2 Soil test and inspection (Rejected) Engeo - cost estimate Engeo - eval near surface soil moisture BCI - re soils engineer BCI - re soils engineer TSG - re excess moisture in subgrade TSG- accept R&C for soil investigation TSG - testing is part of allowance Engeo - request for change order BCI - re Engeo change order TSG - re Engeo change order Add'l earthwork service (voided) Calh - in receipt of soil engineers findings Add'l earthwork Draft Repair/Replace trimmer stud & plywood. Terminix treatment re COP 5 Pied Piper - re termites West. Exterm - re termites Repair/Replace trimmer stud & plywood. Terminix treatment TSG - Remove/replace damaged wood framing, treat of soil at perimeter of building and interior for termites DOL - Repair/replace studs/damaged wall parts discovered during demo of kitchen/culinary arts area of Bldg F. Repair or replace trimmer studs and damaged wall parts discovered during demolition in Bldg F.

A2

3/12/1993 10/29/1992 3/2/1993 3/3/1993 3/4/1993 3/4/1993 3/8/1993 3/11/1993 3/12/1993 3/25/1993 3/26/1993 3/29/1993 4/7-4/8/93 5/4/1993

A3

3/16/1993 3/12/1993 3/16/1993 3/17/1993 3/17/1993 3/18/1993 3/30/1993 3/31/1993 8/28/1993 9/7/1993 9/22/1993

A4

4/14/1993 4/12/1993 4/14/1993

A5

4/15/1993 4/6/1993 4/6/933 4/15/1993 4/19/1993 5/11/1993 5/12/1993 8/6/1993

A6

4/20/1993 4/12/1993 4/19/1993 4/20/1993 4/22/1993 4/23/1993 4/28/1993 4/28/1993 5/7/1993 5/20/1993 11/8/1994 4/30-5/14/93

Excavation support info.(voided & replaced by subsequent COP's) Calh - in receipt soils findings, price Calh - quotation for removing soil Excavation support info.(voided & replaced by subsequent COP's) BCI - notice of unusual site conditions 4/23/93 Progress Meeting TSG - re 4/19/93 meeting re moist soil DMJM - Rework site. BCI - detail re over-excavation Confirm COP 6 voided COP 6 Provide 3/8" GWD Bldg. F G&S - request change order TSG - re G&S Provide 3/8" GWD Bldg. F Draft TSG - Installation of 3'8" gypsum wallboard DOL - Install one layer of 3/8" drywall at various locations in Bldg F G&S - request change order

A7

4/23/1993 4/16/1993 4/21/1993 4/23/1993 4/28/1993 5/26/1993 7/16/1993

A8

6/4/1993 4/28/1993 5/7/1993 5/10/1993 5/11/1993 5/12/1993 5/14/1993 5/20/1993 6/4/1993 6/14/1993 5/17/1993 5/14/1993 5/26/1993 5/17-5/25/93 5/14/1993 5/21/1993 5/26/1993

Excavate pads N and L-! COP 8R1 TSG - re meeting re excess soil mositure Ltr Calh - Excavate pads due to existing saturated conditions Proposal Excavate pads Bldg. N & L-I COP 8R1 TSG - Moisture content higher than acceptable Letter DOL - NTP excavation Ltr Calh - costs for extra work Ltr Ltr BCI - forward Calh costs Revised to excavate pads N & L1 due to existing saturated conditions COP 8R1 DOL - re COP 8 Memo COP 9 Ltr COP 10 Dly Diary Ltr Ltr COP 10 Remove 1 pine tree (voided 6-23-93) Calh - quote to remove tree Add'l recompaction of pads Bldg. F & H Calh - costs for extra work Calh - extra work quoatation Add'l recompaction of pads Bldg. F & H

A9

A10

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Exhibit

Date 5/27-6/1/93 6/2-6/28/93 6/1/1993 6/28/1993 6/30/1993 6/29-7/6/93 7/6/1993 7/7/1993 7/7/93-8/26/93 8/26/1993 8/27-9/1/93

Document Type Dft COP 10 Dly Diary Dly Diary Letter Ltr Memo Dly Diary Transmittal Ltr Dly Diary Memo Dly Diary Fragnet COP 11 CR CR Ltr COP 11 COP 11 Memo Memo Memo Memo Ltr COP 12 Ltr Memo Ltr Memo Memo Memo Memo Memo Ltr Memo Memo COP 12 COP 12 Notes Letter Ltr Memo Memo Ltr Ltr Dly Diary Fragnet COP 13 Proposal COP 13 COP 13 Memo Letter Memo Ltr COP 14R CR Trans COP 14 Draft Letter Memo; CR Ltr Ltr Letter COP 14R Ltr Ltr Dly Diary Dly Diary Fragnet COP 15 Minutes Proposal Minutes COP 15 COP 15 Memo Memo Memo Memo Memo Memo Dly Diary Fragnet COP 16 Ltr Ltr Ltr COP 16 COP 16 Ltr Change Ord

Description Draft

TSG - Treat soil under extensions to Bldgs F & H using same procedure approved for Bldgs N & L2 TSG - move Bldg F to critical path DMJM - soils engineer's recommendation Accelerate pads at F&H BOL - re COP 10, et al Additional compaction at Building Pads COP 10 Removal of 7 Pine Trees remove pine trees? lines under trees Calh - quote to remove trees Removal of 7 Pine Trees Draft DMJM - re line of trees DMJM - re trees/permits BCI - rec'd verbal NTP DOL - Remove seven pine trees BCI - confirm NTP COP 11, et al Extended job costs, 53 days DOL - re weather delays DMJM - existing leases BCI - time lost between 2/4 and 3/22 DMJM - COP 12 comments DOL - Additional compensation for weather delays DOL - Weather Delay DMJM - Weather Delay DMJM - weather days due BCI - input re weather/DSC DMJM - analysis of delays DMJM - owner float Extended job costs, 53 days Draft COP 12 DOL - Response to Request for COP #12 BCI - weather delay an issue DMJM - bck-up for OH costs, early finish DMJM - whether time extension justified BCI - outstanding COPs DOL - response to ltr re remaining COPs COP 12 Asbestos abatement Bldg H Asbestos Removal Serv. Asbestos abatement Bldg. H Draft Asbestos Abatement Confirm verbal approval COP 11, 13, 16 DOL - Asbestos Abatement DOL - Asbestos Abatement Sound insulation Res-Com - sound insulation Res-Com - sound insulation changes Insulate Toilet, Laundry, Corridors (not recommended by TSG on 12/1/94) COP 14 TSG - Architect response to COR 14 for installation of acoustic installation. DOL - Fiberglass sound insulation in lieu of Thermafiber details of insulation BCI - clarify insulation DOL - review of COPS TSG - re COP 14 Sound insulation TSG - enclose COP 14R DOL - waiting further info

A11

5/27/1993 5/7/1993 5/15/1993 5/26/1993 5/27/1993 6/7/1993 6/9/1993 6/18/1993 6/24/1993 6/23/1993

A12

9/14/1993 3/26/1993 5/25/1993 6/1/1993 6/9/1993 7/6/1993 7/20/1993 7/20/1993 8/1/1993 8/12/1993 9/1/1993 9/1/1993 9/14/1993

10/29/1993 11/23/1993 4/19/1994 4/27/1994 3/10/1995 6/27/1995 2/16-6/4/93

A13

6/3/1993 5/27/1993 6/3/1993 6/23/1993 6/23/1993 7/6/1993 7;/7/93

A14

11/23/1994 4/16/1993 6/1/1993 6/3/1993 6/16/1993 7/6/1993 3/21/1994 3/22/1994 7/20/1994 7/22/1994 11/23/1994 12/1/1994 3/10/1995 2/27-3/1/94 3/28/1994

COP 14R1 Rev. to existing water line Progress Meeting Pacific Underground Progress Meeting Rev. to existing water line Draft DMJM - New water line DMJM - recommendation DMJM - Verification of modification cost proposal. DMJM - Need NTP DO:L - Provide revisions to existing water line DOL - Provide revisions to existing water line. COP 15 Remove unit heater and patch/cap as required. Greene - demo space heater TSG - provide price A&A - cost to remove heater Remove unit heater Bldg. F Draft BCI - confirm verbal approval COP 11, 13, 16 BCI to A&A

A15

6/3/1993 5/7/1993 5/17/1993 5/21/1994 6/3/1993 6/10/1993 6/30/1993 6/30/1993 7/1/1993 7/6/1993 8/26/1993 7/19-7/26/93

A16

6/3/1993 3/16/1993 3/18/1993 4/14/1993 6/3/1993 6/23/1993 6/23/1993

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Filed 04/21/2006

Page 3 of 25

Exhibit

Date 7/6/1993

Document Type Memo

Description DOL - re COP 16

A17

6/4/1993 6/4/1993 7/6/1993 6/17/1993 6/7/1993 6/7/1993 7/6/1993

COP 17 Ltr Memo COP 18 COP 18 Memo Memo Draft Ltr Memo COP 19 Transmittal Dly Diary Ltr Transmittal Transmittal Transmittal COP 19 COP 19 Memo Memo Fragnet COP 20 CR Trans Trans Ltr Proposal Memo Ltr COP 20 COP 20 Dly Diary Memo Memo Letter Fragnet COP 21 Proposal COP 21 COP 21 Notes Memo Memo Memo Memo COP 22 CR Proposal COP 22 COP 22 Note Memo Dly Diary COP 23R1 Ltr Ltr Ltr Memo Memo Memo Proposal COP 23R COP 23R Memo Letter Letter COP 24 Ltr COP 24 Notes Ltr Transmittal Memo Memo Memo Memo Dly Diary Fragnet COP 25 RFI RFI CR CR Proposal COP 25 COP 25 Notes Memo RFI Memo

Install 7 redwood trees (voided) Takehara - price for 7 trees DOL - re COP 17 Remove existing tree (voided) Draft DMJM - DOL doesn't want to fund change order DMJM - relax on tree and put utilities in TSG - DOL won't fund tree DOL - re COP 18 Additional work due to increased footing depth at Bldg M Provide plans BCI - in receipt of response to RFI 64 MCR - added cost to Bldg M Agorastos - depth change cost Grade elevation at SW corner of Building M is too low for the proposed footing placement. Additional work due to increased footing depth at Bldg M Draft DMJM - A/E sketches Correct the footing placement at southwest corner of Building M COP 19 Extra electrical work Location of Bldg L, L1 elec Ackerman - review proposed rerouting Akcerman - response to RFI 85 TSG - Sheet E.10, provide price for modifying underground elec Akcerman - quote for elec changes DMJM - revise site elec, this is critical Ackerman - we use Biddle for pricing Extra electrical work Draft DMJM - proposal generally in order DOL - re COP 20 Permits - lateral permit fee. Enlarged driveway permit. Expanded electrical service. COP 20 Scored/Split Face CMU/Bldg. N Inland - credit for change Scored/Split Face CMU/Bldg. N Draft Handwritten notes regarding 4 COPs - not identified DMJM - Masonry Credit DMJM - Verification of Cost DOL - Deletion of masonry units at Bldgs M and N DMJM - Verbal NTP Add'l 6" Clay Pipe & potholing can't tie 6' into 4" line PUC - add'l cost for 6" clay pipe Add'l 6" Clay Pipe & potholing Draft BCI - verbal approval DOL - Replace an existing 4" storm drainage line with a 6" line.

A18

A19

6/23/1993 5/13/1993 5/20/1993 5/27/1993 6/4/1993 6/8/1993 6/30/1993 6/23/1993 6/30/1993 7/30/1993

A20

7/13/1993 6/16/1993 6/22/1993 6/24/1993 6/28/1993 6/30/1993 7/1/1993 7/1/1993 7/13/1993 7/12-7/14/93 7/14/1993 8/26/1993 9/1/1993

A21

7/27/1993 7/22/1993 7/27/1993

8/17/1993 8/20/1993 8/25/1993 8/27/1993 A22 8/5/1993 8/3/1993 8/3/1993 8/5/1993 8/11/1993 8/16/1993 8/9-812/93 A23 1/21/1994 7/29/1993 7/29/1993 8/5/1993 8/20/1993 8/27/1993 10/14/1993 12/18/1993 1/20/1994 2/14/1994 2/14/1994 3/1/1994 A24 8/10/1993 8/6/1993 8/10/1993 8/17/1993 8/18/1993 8/18/1993 8/25/1993 8/25/1993 8/27/1993 8/19-8/27/93

Request for Substitution in domestic water line US Pipe - 3" iron unavailable PUC - 3 and 4" pvc rejected PUC - resubmittal for water line DMJM - Verification of Cost DOL - Substitute iron piping with pvc piping DMJM - Credit for PVC Water Line Substitution PUC - credit Request for Substitution in domestic water line Draft DOL - PVC Piping Substitution DOL - PVC Piping Substitution PVC Piping Substitution Add'l Electrical Work AEC - request change order for duct bank mods Add'l Electrical Work Handwritten notes regarding 4 COPs - not identified TSG - enclsoe COP 24 DMJM - Notes on COP 24 DMJM - need verbal NTP DOL - Rerouting of Site Utilities DOL - Rerouting of Site Utilities DMJM - Verbal NTP Cop 24 Fire Dampers North Wall - Hall #131 Bldg. N Fire Dampers 36x12 Grill Fire Dampers Supply Air Duct A&A - fire dampers Fire Dampers North Wall - Hall #131 Bldg. N Draft Fire dampers required by code DMJM - Add fire dampers at Bldg N use 12x12 diffuser DMJM - Building N - add fire dampers

A25

8/24/1993 3/16/1993 3/17/1993 3/18/1993 3/18/1993 7/27/1993 8/24/1993

8/25/1993 9/2/1993 11/19/1993

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Document 55-2

Filed 04/21/2006

Page 4 of 25

Exhibit A26

Date 8/25/1993 7/29/1993 8/2/1993 8/5/1993 8/10/1993 8/18/1993 8/25/1993

Document Type COP 26 Ltr Ltr Ltr Transmittal Memo COP 26 COP 26 Notes Memo Memo COP 27 Transmittal CR Proposal Proposal COP 27 Notes Memo Dly Diary Dly Diary Letter Memo Fragnet COP 28 Memo RFI CR CR Trans Ltr Proposal COP 28 COP 28 Memo COP 29 CR CR Trans Ltr COP 29 COP 29 Ltr COP 30 COP 30 CR Proposal Proposal COP 31 Trans Dly Diary Trans PO Dly Diary Proposal COP 31 COP 31 Letter Change Order Memo Fragnet COP 32 CR Trans Ltr COP 32 COP 32 Notes Memo Ltr Memo Letter COP 33 CR Trans Ltr Memo Letter COP 34 Dly Diary CR Dly Diary COP 34 COP 34 Notes Memo Ltr Letter Letter

Description substitute trusses R&C - proposed substitutions Standard - re contract Standard - I-Joist substitution DMJM - Standard Structure letter I-Joist substitution request DMJM - Web Joist Substitution substitute trusses Draft Handwritten notes regarding 4 COPs - not identified by number DOL - Substitution of truss joint of different design than specified - resulting in a credit. DMJM - Joist Substitution Relocation of Vaults Ackerman - proposed reroute Relocate vaults Allied - relocate vaults AEC - relcate vaults Relocation of Vaults relocate vaults DMJM - Electrical Vaults at Building M

8/25/1993 8/27/1993 A27 9/1/1993 6/22/1993 8/10/1993 8/18/1993 8/25/1993 9/1/1993 9/10/1993 9/1/1993 9/16-9/21/93 10/11/1993 12/6/1993

TSG - Relocation of electrical vaults P6, T6, and FA6 DOL - Relocate Vaults COP 27 Provide one add'l Glulam Beam Relocate Hallway Fire Doors Stiles - Bldg M opening fire rating frie rating reduced glulam, post, header R&C - response to Bldg M door 125 TSG - R&C sketches Standard - add on GLB Provide one add'l Glulam Beam Draft DOL - re COP 28 Changes to Type 'A'&'B' windows and replace Type 'J' window all in Bldg. H A&B Windows E Line Opening DH of Sill for A&B windows Midwest - replace windows Changes to Type 'A'&'B' windows and replace Type 'J' window all in Bldg. H Draft TSG - mods re windows Rev. to Vault Location Draft relocate elec vaults Allied - move vaults Allied - add'l costs Add'l Reinforcement Bldg. H BCI - detail TSG - Bldg H footing dtails MCR MCR- rebar, travel Add'l Reinforcement Bldg. H Draft TSG - Additional reinforcing steel. Agorastos - increase depth of footings DOL - Reinforce Existing Electrical Line COP 31 Alcal Add'l Mfg. Need framing detail BCI - scupper detail Qalcal - increase in base flashing Alcal Add'l Mfg. Draft Additional base flashing at Bldg N DMJM - Bldg N additional builtup roofing TSG - enclose COP 32 DOL - Additional Roofing DOL - Additional Roofing Add'l Framing framing Stiles - quote to remake frame TSG - enclsoe COP 33 DOL - Additional Framing DOL - Additional Framing Add'l Misc. Carpentry framing Add'l Misc. Carpentry Draft Installation of ripping DMJM - Bldg N Clarify Size of Fascia TSG - enclose COP 34 DOL - Additional Carpentry on Bldg N Response to 7-6-94 letter

A28

8/31/1993 12/6/1993 4/26/1993 4/26/1993 4/26/1993 7/15/1993 7/21/1993 8/30/1993 8/31/1993 12/6/1993

A29

9/7/1993 5/7/1993 5/10/1993 8/24/1993 8/25/1993 9/7/1993 10/12/1993

A30

9/7/1993 8/10/1993 8/18/1993 8/25/1993

A31

9/24/1993 8/20/1993 8/23-8/24/93 8/24/1993 8/25/1993 8/25-8/26/93 9/2/1993 9/24/1993 10/11/1993 12/5/1993 12/6/1993

A32

10/8/1993 4/16/1993 8/25/1993 9/1/1993 10/8/1993

10/18/1993 12/14/1993 1/13/1994 1/25/1994 A33 10/13/1993 10/5/1973 10/14/1993 12/14/1993 1/13/1994 1/25/1994 10/13/1993 10/5/1993 10/5/1993 10/6/1993 10/13/1993

A34

A34

10/18/1993 12/14/1993 1/26/1994 7/20/1994

A35

10/27/1993

COP 35

Continuous Welding

Page 4

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Filed 04/21/2006

Page 5 of 25

Exhibit

Date 8/24/1993 10/27/1993

11/11/1993 12/5/1993 11/9/1993 1/24/1994 1/25/1994 2/3/1994 2/7/1994 4/20/1994 4/26/1994 6/6/1994 6/14/1994 7/20/1994 7/26/1994 7/25/1994 A36 7/7/1994 9/27/1993 10/4/1993 10/11/1993 10/1/2193 11/5/1993 10/22/1993 10/29/1993

Document Type CR COP 35 COP 35 Notes Trans Quote Change Order Ltr Ltr Ltr Ltr Trans Ltr Memo Memo Letter Ltr Letter COP 36R1 Ltr CR Ltr Dly Diary Trans Dly Diary COP 36 COP 36 Notes Ltr Ltr Memo Ltr Ltr Ltr Ltr Ltr Ltr Trans COP 36R1 Ltr Ltr Ltr Change Order Ltr Ltr COP 37 Ltr Ltr Trans CR Trans Minutes Minutes Minutes Trans Trans COP 37 COP 37 Trans Minutes Trans CR Ltr COP List Trans COP 38 Minutes CR Ltr COP 38 COP 38 Ltr Memo Transmittal Memo Letter Letter COP 39 CR Trans COP 40 Memo Quote COP 40 Memo Minutes Minutes Ltr Ltr Minutes Minutes Minutes Minutes Minutes Minutes Memo

Description Continuous Welding Continuous Welding Draft Credit for reduced welding BCI - price shop fab Morris - field weld Morris provide channels BCI - need credit Morris - credit TSG - backup credit BCI - credit for welding BCI - we sent backup on welding credit TSG - enclose COP 35 DOL - Eliminate continuous welding at Bldg L2 DOL - re COP 35 Review COPs DOL - review COPS Response to 7-6-94 letter from CW to BB, re outstanding COPs. Review of records Susp. Cling Rms. 121,125 G&S - clarify gyp v. acoustical see attached G&S G&S - cost for suspended ceiling Tollner - costs to paint gyp Susp. Cling Rms. 121,125 Draft Conflict regarding ceilings TSG - evaluated COP 36 BCI - will seek credit DMJM - Bldg N - gyp board in lieu of tile ceilings rooms 121, 125 TSG - returned COP 36 BCI - please review COP 36 DOL - re COP 36 BCI - will try to submit as COP BCI - re credit for COP 36 BCI - release of Shaw Interiors BCI - re COP 36 Susp. Cling Rms. 121,125 DOL - review of COPs BCI - re Modification 10 DOL - re COP 36 Sheetrock DOL - response to 7/26/94 re COP 36 Florida Tile in Lieu of Olean Aztec - purple discontinued American - purple discontinued Aztec - purple discontinued re colors TSG - re color Progress Meeting Progress Meeting Progress Meeting Aztec - clarify floor tile pattern Aztec - add'l cost for Florida Tile Florida Tile in Lieu of Olean Draft Aztec - confirm floor tile colors Progress Meeting Aztec - advise color floor tile wall tile color TSG - tile colors COP 37 Void Azterc - floor tile colors BT Mancini 10 Roof Penetrations Progress Meeting roof penetrations Mancini - cost for 10 penetrations BT Mancini 10 Roof Penetrations Draft TSG - have not forwarded COP 38 Building N - Metal Roof Penetrations N Roof penetrations DOL - review COPs DOL - review COPs Response to 7-6-94 letter Furnish Cement Board VOID grout in conflict w/tile Aztec - quote for ement board replace doors DMJM - Add rebar at Bldg H footing Stiles - Replace HM Doors & Frames replace doors DMJM - Building M - Modify Doors & Frames 120 & 125 Site Daily Rprt Site Daily Rprt TSG - enclose COP 40 TSG - enclose pay app 10 Site Daily Rprt Dly Diary Site Daily Rprt Dly Diary Site Daily Rprt Dly Diary DOL - review COPs

11/4/1993 11/5/1993 11/22/1993 12/14/1993 1/20/1994 1/26/1994 4/15/1994 4/15/1994 4/19/1994 4/20/1994 7/7/1994 7/20/1994 7/26/1994 7/26/1994 8/12/1994 9/20/1994 3/10/1995 A37 10/29/1993 3/18/1994 4/19/1993 7/13/1993 7/19/1993 7/22/1993 9/21/1993 10/12/1993 10/26/1993 10/26/1993 10/27/1993 10/29/1993 11/2/1993 11/9/1993 11/10/1993 11/10/1993 11/10/1993 11/18/1993 11/30/1993 A38 11/3/1993 8/31/1993 8/31/1993 10/19/1993 11/3/1993 12/14/1993 11/24/1993 12/9/1993 1/13/1994 1/26/1994 7/20/1994 A39 11/3/1993 10/27/1993 11/3/1993 11/9/1993 9/27/1993 11/9/1993 11/9/1993 11/10/1993 11/11-11/12/93 11/15/1993 11/15/1993 11/15/1993 11/16/1993 11/16/1993 11/17-11/19/93 11/23/1993 12/29/1993 12/29/1993 1/13/1994

A40

Page 5

Case 1:00-cv-00775-TCW

Document 55-2

Filed 04/21/2006

Page 6 of 25

Exhibit

Date 1/26/1994 11/10/1993 10/25/1993 11/1/1993 11/2/1993 11/10/1993 11/18/1993 11/30/1993 12/2/1993 12/9/1993 1/13/1994 1/26/1994 11/10/1993 10/29/1993 11/1/1993 11/10/1993 11/18/1993 11/30/1993 12/16/1993 1/13/1994 1/26/1994 11/15/1993 10/12/1993 11/2/1993 11/3/1993 11/15/1993 11/15/1993 11/10/1993 11/18/1993 12/2/1993 1/13/1994 1/26/1994

Document Type Ltr COP 41 CR Transmittal Note COP 41 Ltr Dly Report Memo Transmittal Memo Letter COP 42 CR Dly Diary COP 42 Ltr Dly Report Memo Memo Letter COP 43 Minutes Ltr Ltr Ltr COP 43 Ltr COP 43 Ltr Memo Memo Letter COP 44 Transmittal COP 44 Letter Notes Memo Transmittal Memo Letter COP 45 Memo Ltr Transmittal Ltr Transmittal Proposal COP 45 COP 45 Addendum 1 Ltr Transmittal Memo Dly Report Memo Transmittal Memo Ltr Dly Diary Dly Diary Letter Memo Proposal Transmittal Memo Memo Memo Memo Tans COP 46 Ltr CR Dly Diary Dly diary Dly Diary Ltr Proposal COP 46 COP 46 Notes Memo Ltr Ltr Memo Letter Trans Notes Memo Trans Memo Memo Letter DOL - review COPs Add'l Gypsum Drywall Work Recessed lights Fixture anchorage G&S price Add'l Gypsum Drywall Work TSG - enclose COP 41

Description

A41

DMJM - Building M Light Fixture Supports DMJM - M framing for light fixtures DOL - Additional Gypsum board work DOL - Additional gypsum board work in Bldg M Pony Wall Framing Pony Wall Framing Pony Wall Framing TSG - enclose COP 42 DMJM - Building M Framing above Door 101 DOL - Provide pony wall framing DOL - Provide pony wall framing Patented Cores Progress Meeting Best - permanent keying Best - add'l cost TSG - re keying Patented Cores Midwest - add'l cost of cores Draft TSG - enclose COP 43 DMJM - Best- Patented Cores DOL - Upgrade of lock cylinder cores. Upgrade of Lock cylinder cores Add'l Electrical Work Bldg. M AEC - quote install new power outlets Draft DOL - Miscellaneous Outlets in Bldg M estimate DMJM - Additional outlets for temporary cafeteria DMJM - regarding KM's assessment of COPs DOL - Additional outlets in Building M DOL - Additional Outlets in Building M Add'l Electrical CMI Revision DMJM - Budget cost estimate DOL - NTP CMI BCI - with DOL NTP TSG - proposal request DMJM - latest CMI drawings AEC - Mods to Bldg E,G,H,N Add'l Electrical CMI Revision Draft DOL - to CMI revisions AEC - summary of delays DMJM - re CMI COP 45 DMJM - CMI Electrical Changes DMJM - AEC appears in order DMJM - COP 45 add'l info DOL - CMI revisions - additional electrical work TSG - enclose COP 45

A42

A43

A44

11/17/1993 11/16/1993 11/18/1993 11/22/1993 12/3/1993 12/14/1993 2/14/1994 3/3/1994

A45

11/19/1993 8/27/1993 10/15/1993 10/26/1993 10/18/1993 11/4/1993 11/15/1993 11/19/1993 11/22/1993 12/9/1993 12/15/1993 12/16/1993 12/21/1993 12/21/1993 1/6/1994 1/7/1994 1/11/1994 3/23/1994 3/25/1994 1/26/1994 3/16/1994 3/17/1994 7/27/1994 7/26/1994 7/27/1994 7/??/94 7/26/1994 8/5/1994

DOL - CMI Revisions (Additional electrical work) DMJM - CMI - Schedule/Delay AEC - hours for revision BCI - with memo from DMJM DMJM - cable at outlets DMJM - cable at outlets length of cable at outlets DMJM - cable at outlets AEC - work complete Add'l Notch Steel Canopy at Bldg. N TSG - re metal decking drawings re 2x2 angle

A46

11/19/1993 8/23/1993 1/12/1993 10/13/1993 10/18-10/19/93 10/22-10/25/93 11/11/1993 11/11/1993 11/19/1993

12/16/1993 1/11/1994 1/12/1994 2/14/1994 2/14/1994 3/15/1994 3/22/1994 4/5/1994 4/20/1994 6/15/1994 7/11/1994 7/20/1994

Hewatt - cost for canopy work Hewatt - cost for extra canopy work Add'l Notch Steel Canopy at Bldg. N Draft Labor involved with notching of steel edge angles at 2 different conditions on covered walkway at Building H. DMJM - Building N - Welding at Canopy Steel TSG - enclose COP 46 TSG - enclose COPs DOL - Add notching to steel at canopy of Building N DOL - Add notching to steel at canopy of Bldg N re CR 142 re COPs DMJM - Bldg N Canopy - Additional Welding BCI - COP 46 has been submitted DOL - Additional steel notching at canopy of Bldg N DOL - Additional Steel Notching at Canopy of Building N DOL - re outstanding COPs

Page 6

Case 1:00-cv-00775-TCW

Document 55-2

Filed 04/21/2006

Page 7 of 25

Exhibit

Date 7/26/1994

Document Type Ltr Fragnet COP 47 Minutes Minutes Report Report Minutes Minutes Minutes Transmittal COP 47 Notes Minutes Minutes Memo Memo Routing slip Letter Letter Transmittal Transmittal Ltr Letter Ltr Ltr COP 48 Proposal Trans proposal COP 48 Notes Memo Trans Memo Memo Letter Letter Letter Ltr Ltr Memo Ltr COP 49 CR RFI Trans CR RFI Trans Trans CR Proposal Ltr Ltr Proposal COP 49 Ltr Ltr Memo Notes Letter Memo Ltr Diary Diary Letter Ltr Memo Fragnet COP 50 CR Dly Diary Ltr COP 50 COP 50 Notes Letter Letter Memo COP 51 CR Dly Diary Notes COP 51 COP 51 Notes Memo Fragnet COP 52 CR Proposal COP 52 COP 52

Description DOL - re add'l steel COP 46 Quality Control Progress Meeting Progress Meeting Partnering Meeting Partnering Meeting Progress Meeting Progress Meeting Progress Meeting Status Quality Control Inspection Services Progress Meeting Partnering Meeting DMJM - Inspector Alternate DMJM - Partnering - Inspector Alternate DMJM - Building Inspector TSG - enclose COP 47 DOL - Inspector Alternate DMJM - Inspector Alternate DMJM with DOL comments DOL - response to COP 47 DOL - review COPs BCI - review COPs DOL - response to 3/10/95 SEA Heat - A - LITG AEC - extra elec work BCI - re partnering AEC - order heat lights SEA Heat - A - LITG Building N Heat/Light units re inspcetor re inspection DMJM - Building N - Add 5 Heat/Light Units DOL - Heat-A-Light units at Building N DOL - Heat-A-Light Units at Building N Heat-A-Light Units at Bldg N DOL - Response to 7-6-94 letter BCI - re COPs DOL - re COPs DOL - Heat-A-Light Units at Bldg N DOL - re 3/10/95 ltr Provide 48 Fan Light Units re A&A A&A duct riser TSG - response to duct riser A&A re M6.1 A&A exhaust fan Crs DMJM - fan/light fixtures response to duct riser AEC - fan/light units BCI - meet re toilet fans TSG - provide change order riser ducts, fan/lights AEC - fan/lights Provide 48 Fan Light Units AEC - re delays TSG - re 12/10 job site meeting DMJM - Bldgs L1/L3 - Add Fan/Light Units Bldgs L1/L3 - Add Fan/Light Units DOL - Bathroom Lighting Fixtures - Womens' Dormitories DOL - Provide fan light units DOL - Provide fan light units AEC AEC DOL review COPs BCI - review COPs DOL - Provide fan light units COP 49 Provide change of height of 2 type "D" windows at stairs in Bldg L-2 window at stairs Midwest - cost to change height Provide change of height of 2 type "D" windows at stairs in Bldg L-2 Draft Additional framing at Stairs 1 and 3 in Bldg L2 DOL - Change Height of Windows at Stair Nos. 1 & 3 in L2 DOL - Change Height of Windows at Stair Nos. 1 & 3 in L2 DOL - Change height of windows at Stair # 1 and 3 - Bldg L2 Provide additional framing per response to RFI 147, G east of Line B in Bldg F wall too high extra 2x4s Provide additional framing per response to RFI 147, G east of Line B in Bldg F Draft Additional framing for main dining area DOL - Additional framing for cafeteria partition in Bldg F COP 51 Cap Flash Bldg. F Column Line B need flashing A&A - cap flashing Cap Flash Bldg. F Column Line B Draft

A47

11/19/1993 8/24/1993 9/28/1993 9/27/1993 10/26/1993 10/2/1993 10/5/1993 10/12/1993 11/17/1993 11/19/1993 11/30/1993 12/1/1993 12/3/1993 12/10/1993 12/18/1993 1/11/1994 2/22/1994 2/22/1994 3/15/1994 3/15/1994 7/20/1994 3/10/1995 7/27/1995

A48

11/19/1993 11/15/1993 12/9/1993 11/15/1993 11/19/1993 12/3/1993 12/10/1993 12/16/1993 2/14/1994 2/14/1994 3/1/1994 7/20/1994 3/10/1995 3/10/1995 6/7/1995 6/27/1993

A49

11/20/1993 7/8/1993 7/6/1993 7/28/1993 8/2/?? 7/30/1993 8/2/1993 8/2/1993 8/30/1993 8/16/1993 8/25/1993 8/30/1993 9/24/1993 11/20/1993 12/9/1993 12./13/93 12/16/1993 12/22/1993 2/14/1994 2/14/1994 5/16-5/20/94 4/25-4/29/94 7/20/1994 3/10/1995 6/6/1995

A50

11/24/1993 10/28/1993 11/8-11/9/93 11/10/1993 11/24/1993

3/8/1994 3/9/1994 4/19/1994 A51 11/24/1993 10/20/1993 120/22-10/25/93 11/17/1993 11/24/1993

4/25/1994

A52

11/24/1993 11/17/1993 11/18/1993 11/24/1993

Page 7

Case 1:00-cv-00775-TCW

Document 55-2

Filed 04/21/2006

Page 8 of 25

Exhibit A53

Date 7/26/1994 11/15/1993 11/15/1993 11/15/1993 11/18/1993 11/19/1993 11/24/1993 12/7/1993 12/8/1993 12/9/1993 1/27/1994 2/15/1994 2/16/1994 3/3/1994 3/14/1994 4/14/1994 4/15/1994 3/24/1994 4/27/1994 6/6/1994 6/14/1994 6/28/1994 7/26/1994 7/26/1994 7/26/1994 7/26/1994 7/20/1994 8/1-8/4/94 8/11/1994 9/20/1994

Document Type COP 53R3 Dly Report Trans Dly Report Ltr Proposal COP 53 COP 53 Proposal Memo Memo Memo Invoices COP 53R2 Ltr Ltr Memo Ltr Trans Memo Memo Memo Proposal Letter COP 53R3 COP53 Ltr Memo Ltr Dly Diary Ltr Ltr Fragnet COP 54 CR Ltr COP 54 Notes Letter Memo Ltr Ltr COP 55 CR Ltr Ltr Ltr COP 55 COP 55 Ltr Memo Memo Letter Ltr COP 56 Dly diary Proposal COP 56 Memo Memo Ltr Letter Memo Ltr Ltr Ltr COP 57 CR Transmittal Ltr Ltr Ltr Transmittal Ltr Proposal Trans COP 57 COP 57 Memo Ltr Trans Ltr Trans Memo Mod 6 Memo

Description Interior Gas Line DMJM Ciari - proposals PUC - extra work DOL - re COP 53 PUC - extra work Repair leaking gas Draft Ciari - proposals DMJM - Gas to Bldgs F & J DMJM - Gas to Bldgs F and J Additional Gas Line work in Bldgs F and J Ciari - Gas Line Rev'd (Part Only) DOL - review COPs TSG - enclsoe COP 53 DOL - New Gas Service to Bldgs F & J BCI - confirm Ciari work complete Dwg P3.2x DMJM - new gas service DOL - Repair gas line leaks in Bldgs F and J DOL - review COPs Ciari DOL - review COPS interior gas line Draft BCI - signature on Mod 10 DOL - re 7/26/94 ltr DOL - review COPs TSG - enclose COP 53R3 DOL - re COPs COP 53R3 Add'l Facia Add'l info from BT Mancini need facia Mancini - cost for add'l material Add'l Facia Add'l info from BT Mancini Additional sheet metal for facia TSG - Additional 8" to metal fascia panel at Bldg N DOL - Additional sheet metal for facia Mancini - add;l costs TSG - recommend reject COP 54 Delete Food Service Equip. need plumbing layout add'l cost BCI - backcharge for time Raygal - deduct Delete Food Service Equip. Draft TSG - enclose COP 55 DOL - Delete of Kitchen equipment DOL - Delete of Kitchen Equipment DOL - Delete of Kitchen Equipment DOL - review COPs Add'l Work Transformer Problem AEC - main service change Add'l Work Transformer Problem DMJM - Power turnover of 10-29-93 - Overtime. DOL - Additional labor for transformer turnover DOL - Additional labor for transformer turnover DOL - review COPs DOL - review COPs DOL - review COPs BCI - review COPs DOL -review COPs Waterclosets Sill detail TSG - sill detail dwg TSG - modifications to windows DMJM - provide proposal to change water closets AmerStandard - re Claifornia law Dpet Water - copy of info sheet Ciari - with AmerStandard enclosure Ciari - waterclosets BCI - with Ciari price Waterclosets Draft DMJM - Water Saving Water Closets TSG - enclose COP 57 DMJM - ixtures being installed BCI - need direction on COP 57 DMJM - need NTP for COP 57 - BCI - verbal NTP DOL - Water Saving Toilets Add'l Work Footings Wall at Bldg. F utilities at footing DMJM R&C - footing detail BCI - need direction for footing Provide corrective work to structural steel at Bldg F. Draft MCR - change to footing Agortastos DMJM

A54

11/30/1993 4/16/1993 10/27/1993 11/30/1993 12/9/1993 2/14/1994 5/4/1994 7/8/1994

A55

11/11/1993 3/3/1993 10/27/1993 11/19/1993 11/23/1993 11/11/1993 12/9/1993 2/14/1994 2/14/1994 3/3/1994

A56

12/2/1993 10/29-10/30/93 11/15/1993 12/2/1993 12/3/1993 1/7/1994 1/7/1994 3/10/1995 6/6/1995 7/7/1994 3/10/1995 7/27/1995 12/2/1993 5/7/1993 8/24/1993 10/12/1993 11/11/1993 11/16/1993 11/24/1993 12/2/1993 11/29/1993 11/30/1993 12/2/1993 12/3/1993 12/9/1993 12/9/1993 12/13/1993 12/14/1993 12/17/1993 2/28/1994 1/3/1994

A57

A58

COP 58 CR Dly Report Trans Memo COP 59 COP 59 12/3/1993 Proposal 12/5/1993 Proposal 12/6-12/9/1993 Dly Report

12/3/1993 11/19/1993 11/19/1993 11/27/1993 12/3/1993 12/6/1993

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Page 9 of 25

Exhibit

Date 12/9/1993 12/10-12/14/93 12/9/1993 12/15-12/17/93 12/17/1993 12/20-12/21/93 1/4-1/12/94 137/1994

Document Type Ltr Dly Report Letter Dly Report Memo Dly Report Dly Report Memo Fragnet COP 59 Report Proposal Proposal COP 59 COP 59 Notes Ltr Memo Letter Letter

Description TSG - enclose COP 58 DMJM TSG - enclose COP 58 DMJM vebal NTP DMJM DMJM DOL - Site Wall Footings COP 58 Provide corrective work to structural steel at Bldg F. Hewatt - hours for week Hewatt - extra work Hewatt - modify steel Provide corrective work to structural steel at Bldg F. Draft Labor to reposition tower steel to pick up roof joists TSG - enclose COP 59 DOL - Provide corrective structural steel Building F DOL - Provide corrective structural steel - building F DOL - Provide corrective structural steel Building F Fire Damps/N. Hall #131 Bldg. F A&A - fire dampers 36x12 grille fire dmapers 36x12 grille Greene - response to CRs A&A - fire dampers Fire Damps/N. Hall #131 Bldg. F Draft TSG - enclose COP 60 DMJM - notes for COP 60, 63, & 69 DMJM - pp. 2, 3 NTP A&A - fire dampers DOL - Provide Fire Dampers COP 60 Add'l Framing & sheet Mat window opening sill detail TSG - sill detail dwg TSG - change window A&A Add'l Framing & sheet Mat Draft TSG - have reviewed COP 61 A&A - sill flashing Add'l Framing & sheet Mat TSG - enclose COP 61 DOL - Provide additional framing and sheet metal DOL - Provide additional framing and sheet metal DOL - Provide additional framing and sheet metal DOL - review COPs BCI - DOL reviewing proposal BCI - DOL reviewing proposal COP 61R1 Provide a cricket per reply to CR 170 need cricket

A59

12/6/1993 11/18/1993 11/29/1993 11/29/1993 12/6/1993

12/9/1993 2/14/1994 2/14/1994 3/3/1994 A60 12/6/1993 3/16/1993 3/17/1993 3/18/1993 3/18/1993 9/2/1993 10/28/1993 12/6/1993

COP 60 RFI CR CR CR Memo Proposal COP 60 COP 60 12/9/1993 Ltr 12/14/1993 Transmittal 12/14-12/17/93 Dly Report 12/17/1993 Memo 12/20/1993 Dly Diary 2/14/1994 Change Order 1/3/1994 Memo Fragnet 12/6/1993 5/10/1993 5/7/1993 8/24/1993 10/12/1993 10/28/1993 12/6/1993 12/9/1993 1/31/1994 1/13/1994 1/14/1994 2/2/1994 2/14/1994 3/8/1994 3/9/1994 4/14/1994 4/15/1994 4/20/1994 COP 61 CR CR Trans Ltr Proposal COP 61 COP 61 Ltr Proposal COP 61R1 Ltr Dly Report Memo Letter Letter Memo Draft Ltr Fragnet COP 62 CR Dly Report Dly Report Dly Report COP 62 COP 62 Notes Ltr Transmittal Memo Letter Letter Transmittal Memo Ltr Change Order Ltr COP 63 RFI RFI CR Memo Memo Trans Proposal COP 63 COP 63 Ltr Transmittal Memo Memo Change Order COP 64R1 Ltr Ltr Proposal

A61

A62

12/6/1993 11/17/1993 11/17/1993 11/22-11/24/93 11/29/1993 12/6/1993

12/9/1993 1/5/1994 2/14/1994 2/14/1994 3/1/1994 1/21/1994 2/14/1994 2/14/1994 3/23/1994 5/1/1994 A63 12/6/1993 8/2/1993 7/7/1993 8/3/1993 9/2/1993 9/2/1993 9/21/1993 10/28/1993 12/6/1993 12/9/1993 12/14/1993 12/17/1993 1/3/1994 2/14/1994 A64 12/20/1993 11/11/1993 11/23/1993 12/3/1993

Provide a cricket per reply to CR 170 Draft Additional crickets at Bldg F TSG - enclose COP 62 DMJM - comments of 12-16-93 Installation of roof crickets at Building F. Installation of roof crickets at building F Installation of roof crickets at bldg F re Alcal quote DOL -review COPS DOL - review COPS Alcal - provide cricketws BCI - updated punch list Diffusers (2) A&A - clearance from waste vents A&A - 36x16 grille attach A&A RFI Greene - response to RFIs Greene - resposne to RFIs TSG - respnse to RFIs A&A - diffusers Diffusers (2) Draft TSG - enclose COP 63 DMJM - Side Wall Diffusers NTP DOL - Side Wall Diffusers A&A gravel path DMJM - provide proposal BCI - provide proposal Calhoun -

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Page 10 of 25

Exhibit

Date 12/6/1993 12/9/1993 12/9/1993 12/9/1993 12/9/1993 12/15/1993 12/20/1993 12/22/1993 12/22/1993 12/27/1993 1/7/1994 1/12/1994 2/17/1994

Document Type COP 64 COP 64 Memo Ltr Transmittal Memo Transmittal COP 64R1 Letter Memo Ltr Letter Site Visit Ltr COP 65 Dly Report CR Work Order COP 65 COP 65 Notes Ltr Memo Letter Letter

Description gravel path Draft DMJM - Temporary walk at east property line TSG - enclose COP 64 DMJM - Temp walk DMJM Calhoun - revised quote gravel path BCI - Temporary Walkway at East Property Line DOL - Temporary walkway DOL -review COPs DOL - Temporary walkway TSG - Weekly meeting DOL - re COP 64 Provide additional work per reply to CR 175 plaster cracking Fisher & Thiel Crack Bldg. N W. Wall Canopy Draft Installation of a metal control joint TSG - enclsoe COP 65 DOL - Installation of metal control joints DOL - Installation of metal control joints DOL - Installation of metal control joints

A65

12/14/1993 11/11/1993 11/17/1993 12/13/1993 12/14/1993

12/14/1993 2/14/1994 2/14/1994 3/4/1994

A66

8/15/1994 9/24/1993 10/5/1993 12/2/1993 12/14/1993 12/14/1993 1/13/1994 4/21/1994

4/27/1993 7/7/1994 7/20/1994 8/15/1994 8/19/1994 8/25/1994 10/3/1994 10/3/1994 A67 12/14/1993 11/17/1993 12/3-12/6/93 12/6/1993 12/7-12/8/93 12/7/1993 12/14/1993

COP 66R1 CR RFI Proposal Ltr Ltr Ltr COP 66R1 Notes COP 66R1 Ltr Ltr Letter COP 66R1 Ltr Memo Ltr Ltr COP 67 CR Dly Report Trans Dly Report Ltr COP 67 COP 67 Notes Memo Ltr Change Order Fragnet COP 68 Minutes Minutes Proposal Ltr Minutes Trans Minutes Dly Report Minutes Proposal COP 68 COP 68 Ltr Letter Memo Memo Change Order Minutes

Relocate AC unit on Bldg H Bldg H Header A&A - relocate AC Alcal - move AC BCI - cost impact BCI - cost impact A&A - no cost impact Relocate AC unit on Bldg H Additional framing to support AC unit in existing roof structure Draft TSG - enclose COP 66 BCI - ductwork credit DOL - review COPs Relocate A/C A&A - credit DOL - review COPs DOL - review COPs TSG - enclose COP 66R1 Rock Fill - Bldg. M & F sidewalk ramp TSG - revised grades Calhoun - price Rock Fill - Bldg. M & F Draft Additional rock to raise grade in the area to a height above footing DOL - Provide rock fill to accommodate grades DOL - Provide rock fill to accommodate grades Calhoun - price COP 67 TCU & CMI Mods Arch, Changes Progress Meeting Progress Meeting Midwest G&S - credit Progress Meeting Stiles - quotes and details Progress Meeting Progress Meeting DASCO TCU & CMI Mods Arch, Changes Draft TSG - enclose COP 68 DOL - review COPS DOL - TCU Modifications DOL - review COPS DASCO TSG -Meeting report

2/14/1994 3/4/1994 4/13/1995

A68

12/13/1993 10/5/1993 10/26/1993 10/26/1993 10/28/1993 11/2/1993 11/9/1993 11/9/1993 11/11/1993 11/23/1993 12/7/1993 12/13/1993 12/14/1993 1/26/1994 1/7/1994 1/7/1994 2/11/1994 4/7/1994

A69 11/2