Free Exhibit List - District Court of Federal Claims - federal

Case 1:04-cv-00635-CFL

Document 34

Filed 06/25/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS METRIC CONSTRUCTION CO., INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) No. 04-635C ) (Judge Charles F. Lettow) ) ) )

DEFENDANT'S EXHIBIT LIST Pursuant to Appendix A, paragraph 16, of the United States Court of Federal Claims Rules, defendant submits the following list of defendant's exhibits. In addition to plaintiff's

exhibits, which defendant expressly reserves the right to introduce during cross-examination or during defendant's case in chief, as if fully listed herein, defendant may introduce the below-listed following exhibits. Exhibit Number DX 1001 DX 1002 DX 1003 DX 1004 DX 1005 DX 1006 Description CDR Expert Report and Exhibits Cotton & Company Expert Report Daily Reports for Contracts N62474-94-D-6807 and N68711-98-C-5553, 1994-2003 Project Correspondence, 1994-2003 Metric's Requests for Equitable Adjustment, Claims, and supporting documents Documents relating to Metric's barge and the agreement with American Workboats. This includes the American Workboats logs, invoices, and purchase orders Depositions relied upon by Government experts (Jo Anne Carrignan, Mike Douglas, Steve Schwartz, Tom Miller, Paul Pepin, and Stuart Burnell).

DX 1007

Case 1:04-cv-00635-CFL

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Filed 06/25/2007

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DX 1008

Contract documents for Contracts N62474-94-D-6807 and N68711-98-C-5553, including modifications and delivery orders Photographs from SNI projects Additional Metric claims on the SNI projects. This includes the Fair Flight claim, Seawater claim, and Arresting Gear Inspection Delay claim Additional documents related to Metric's pontoon claim. Includes correspondence, permits, barging information, and documents regarding the Daytona Beach seal population Additional documents related to Metric's Arresting Gear claim. Includes correspondence, modification drawings, and the related DCAA Audit Report Additional documents related to Metric's Hazardous Materials claim. Includes correspondence, Metric's environmental protections plan, environmental reports, and waste manifests Additional documents, including correspondence, logs, and invoices, related to Metric's SNI contracts DCAA Audit report and supplemental report on Metric's pontoon claim, and pages from the Revised Rental Rate Blue Book for Construction Equipment Certified Payroll and work reports for the Metric SNI projects Construction Drawings CDR trial presentation Cotton & Company trial presentation Cotton Report Exhibits and underlying workpapers Cotton Workpapers containing Metric claims and supporting claim documents Cotton Workpapers, including correspondence regarding Holmes subcontractor status, DCAA audit, and other matters

DX 1009 DX 1010

DX 1011

DX 1012

DX 1013

DX 1014 DX 1015

DX 1016 DX 1017 DX 1018 Dx 1019 DX 1020 DX 1021 DX 1022

Case 1:04-cv-00635-CFL

Document 34

Filed 06/25/2007

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DX 1023 DX 1024 DX 1025

Cotton Workpapers, including DCAA reports and DCAA workpapers Cotton Workpapers, including correspondence and documents on various matters Cotton Workpapers, including correspondence and documents on various matters Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/Deborah A. Bynum DEBORAH A. BYNUM Assistant Director s/Brian S. Smith BRIAN S. SMITH Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D. C. 20530 Tele: (202) 616-0391 Fax: (202) 353-7988 Attorneys for Defendant

June 25, 2007

Case 1:04-cv-00635-CFL

Document 34

Filed 06/25/2007

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CERTIFICATE OF FILING I hereby certify that on June 25, 2007, a copy of foregoing "DEFENDANT'S EXHIBIT LIST" was filed electronically. I understand

that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/Brian S. Smith