Free Motion for Partial Summary Judgment - District Court of Federal Claims - federal

Case 1:04-cv-00473-MBH

Document 48

Filed 01/28/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS M G CONSTRUCTION, INC. ) ) Plaintiff, ) vs. ) ) THE UNITED STATES, ) ) Defendant. ) ___________________________________ )

No. 04-cv-00473-MBH (Judge Horn)

PLAINTIFF'S MEMORANDUM OF ADDITIONAL MATERIAL FACT Pursuant to the order of this Court, Plaintiff is to provide the Court with a any additional material facts upon which the parties were unable to agree upon including in the joint stipulation of fact submitted by the parties. This memorandum is supported by the supplemental declaration of Miguel Garcia and the Appendix attached to the joint statement of material fact. Plaintiff hereby offers the following material fact, which Plaintiff believes cannot be disputed in good faith: /// /// /// /// /// /// /// /// ///

1

Case 1:04-cv-00473-MBH

Document 48

Filed 01/28/2005

Page 2 of 2

1.

When demolishing an existing BURS roof, first you have to remove the aggregate surfacing (if any), then the multiple plys of the roofing membrane, then the insulation. The aggregate must be removed so that the exposed plys of membrane can be saw cut for removal. See Appendix, pp. 40-41 (describing the layers installed during BURS installation); Supplemental Declaration of Miguel Garcia, ¶2. DATED this 28th day of January, 2004.

"s/Joseph A. Yazbeck, Jr." Joseph A. Yazbeck, Jr. YAZBECK, CLORAN & HANSON, LLC 1300 SW 5th Av. Suite 2750 Portland, Oregon 97201 (503) 227-1428 Attorney of Record for Plaintiff

2