Free Declaration - District Court of Federal Claims - federal

Case 1:07-cv-00143-MMS

Document 28

Filed 12/19/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS SKANSKA USA BUILDING, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 07-143C Judge Firestone

DECLARATION OF TERRY R. MARSTON IN SUPPORT OF PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON LIABILITY I, Terry R. Marston II, being first duly sworn, declare under penalty of perjury as follows: 1. I am legal counsel for the plaintiff in the above captioned matter. I am competent to testify and base these declarations on personal knowledge. 2. Attached hereto as Exhibit 1 is a true and correct copy of Skanska's RFI 318 and 318R to the Corps of Engineers. 3. Attached hereto as Exhibit 2 is a true and correct copy of the Contract Section 01572Construction and Demolition Waste Management. 4. Attached hereto as Exhibit 3 is a true and correct copy of the Contract Section 02300 ­ Earthwork. 5. Attached hereto as Exhibit 4 is a true and correct copy of a letter dated April 16, 2004 from Troy D. Collins, Administrative Contracting Officer for the Corps of Engineers notifying Skanska of the discovery of lead contamination in the soils. 6. Attached hereto as Exhibit 5 is a true and correct copy of a letter dated September 8, 2004 from George P. Henry, Contracting Officer's Representative for the Corps of Engineers, to Skanska directing it to dispose of the contaminated soils at Fort Lewis' Landfill #2. 7. Attached hereto as Exhibit 6 is a true and correct copy of a letter dated June 29, 2004 from Active Construction, Inc. to Al Thorsland of NACON demanding a directive to perform work outside the scope of its contract, transporting contaminated soils to Landfill #2. 8. Attached hereto as Exhibit 7 are true and correct excerpts of the Deposition of Nancy Gary, COE (Contracting Officer) 9. Attached hereto as Exhibit 8 are true and correct excerpts of the Deposition of James Packard, COE (Owner's Project Engineer), -1-

Case 1:07-cv-00143-MMS

Document 28

Filed 12/19/2007

Page 2 of 2

10. Attached hereto as Exhibit 9 are true and correct excerpts of the Deposition of Tom Wilkin, COE (Owner's Asst. Project Engineer) 11. Attached hereto as Exhibit 10 are true and correct excerpts of the Deposition of Jason Hynes of Skanska Construction 12. Attached hereto as Exhibit 11 are true and correct excerpts of the Deposition of Daucey Brewington, Nacon Construction 13. Attached hereto as Exhibit 12 are true and correct excerpts of the Deposition of David Berglund, Active Construction 14. Attached hereto as Exhibit 13 are true and correct excerpts of the Deposition of Robert Mathews, Active Construction 15. Attached hereto as Exhibit 14 are true and correct excerpts of the Request for Contracting Officer's Decision submitted by Active for disposal of the contaminated soil. SIGNED at Redmond, Washington this 19th day of December 2007.

s/ Terry R. Marston II Terry R. Marston

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