Free Pretrial Order - District Court of Colorado - Colorado

Case 1:03-cv-02669-MSK-PAC

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Filed 03/30/2006

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6.

MARELICH MECHANICAL CO., INC. dba UNIVERSITY MARELICH MECHANICAL'S WITNESS LIST A. 1. RETAINED EXPERTS THAT WILL TESTIFY AT TRIAL Mark Berry (a) (b) for same. 2. D. Paul Regan, CPA (a) (b) Henning Morse, Inc. Mr. Regan will provide opinions relating to the delays to the completion Delta CPM, Sacramento, California Mr. Berry will provide opinions relating to UMM damages and the bases

of the project and the reasons for same. B. 1. PERCIPIENT WITNESSES THAT WILL BE PRESENT AT TRIAL John Ellis

· Expected to provide testimony relating to UMM's bid estimate, documents and drawings relating to Bid Pack Four, Frick/York's status as Sole Source Supplier, scheduling issues, contract abandonment, events causing project delays and corresponding acceleration of work and Leprino's and/or Big-D's superior knowledge of those events. 2. · Larry Nejasmich Expected to provide testimony relating to UMM's bid estimate, documents and

drawings relating to Bid Pack Four, scheduling issues, contract abandonment, project delays and corresponding acceleration. 3. Jay McEntire

· Expected to provide testimony relating to events causing project delays and corresponding acceleration of work. 4. Dan Kennedy

· Expected to provide testimony relating to UMM's bid estimate, documents and drawings relating to Bid Pack Four, Frick/York's status as Sole Source Supplier, scheduling

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issues, contract abandonment, events causing project delays and corresponding acceleration of work and Leprino's and/or Big-D's superior knowledge of those events. 5. Ed Shortall

· Expected to provide testimony relating to UMM's bid estimate, documents and drawings relating to Bid Pack Four, project delays and corresponding acceleration, trade stacking, misleading schedules and other causes of UMM labor cost overruns. 6. Sam Shipka

· Expected to provide testimony relating to UMM's bid estimate, documents and drawings relating to Bid Pack Four, project delays and corresponding acceleration, trade stacking, misleading schedules and other causes of UMM labor cost overruns. 7. Lou Beck

· Expected to provide testimony relating to UMM's bid estimate, documents and drawings relating to Bid Pack Four, Frick/York's status as Sole Source Supplier, scheduling issues, contract abandonment, events causing project delays and corresponding acceleration of work and Leprino's and/or Big-D's superior knowledge of those events. 8. Bob Marlin

· Expected to provide testimony relating to UMM's bid estimate, documents and drawings relating to Bid Pack Four, Frick/York's status as Sole Source Supplier, scheduling issues, contract abandonment, events causing project delays and corresponding acceleration of work and Leprino's and/or Big-D's superior knowledge of those events, entitlement of Melrose and PCI to additional compensation due to events impacting Melrose and PCI. 9. Ray Marlin

· Expected to provide testimony relating to UMM CE's, documents and drawings relating to change conditions, Frick/York's status as Sole Source Supplier, scheduling issues, contract abandonment, events causing project delays and corresponding acceleration of work and Leprino's and/or Big-D's superior knowledge of those events. 10. Richard Neuman

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· Expected to provide testimony relating to UMM's bid estimate, documents and drawings relating to Bid Pack Four, Frick/York's status as Sole Source Supplier, AHU platforms, submittals, and related change condition issues, scheduling issues, contract abandonment, events causing project delays and corresponding acceleration of work and Leprino's and/or Big-D's superior knowledge of those events. 11. Chris Hammerslagh

· Expected to provide testimony relating to Drawing Revisions 9 and 10, events causing project delays and corresponding acceleration of work and Leprino's and/or Big-D's superior knowledge of those events. 12. Shawn Shannon

· Expected to provide testimony relating to Drawing Revisions 9 and 10, events causing project delays and corresponding acceleration of work and Leprino's and/or Big-D's superior knowledge of those events. 13. Dave Stewart

· Expected to provide testimony relating to acceleration, trade Stacking, lack of timely responses To RFI's, the CE process, misleading schedules, lack of project coordination, and other causes of UMM's cost overruns on the project., entitlement of and PCI to additional compensation due to events impacting and PCI. 14. Dennis Owen

· Expected to provide testimony relating to acceleration, trade Stacking, lack of timely responses To RFI's, the CE process, misleading schedules, lack of project coordination, and other causes of UMM's cost overruns on the project, entitlement of Melrose and PCI to additional compensation due to events impacting Melrose and PCI. 15. Mitchell Hoppe

· Expected to provide testimony relating to the entitlement of Melrose to additional compensation due to events impacting Melrose. 16. Eric Gove

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· Expected to provide testimony relating the entitlement of Melrose and PCI to additional compensation due to events impacting Melrose and PCI. 17. Kevin Young

· Expected to provide testimony relating the entitlement of PCI to additional compensation due to events impacting PCI. 18. Frank Hubka

· Expected to provide testimony relating the entitlement of PCI to additional compensation due to events impacting PCI. 19. Thomas Sisney

· Expected to provide testimony relating the entitlement of PCI to additional compensation due to events impacting PCI. 20. Jerry Beatty

· Expected to provide testimony relating the quality of the project schedules prepared by Leprino and/or Big-D during the course of the project. 21. Dan Chin/Terry Kvochak

· Expected to provide testimony relating the accuracy of UMM's job reports during the project. 22. Steve Heidenreich

· Expected to provide testimony relating to Drawing Revisions 9 and 10 and the negotiations between UMM and Frick and the effect of same to the progress of the project. 23. Randy Brown

· Expected to provide testimony relating to negotiations between UMM and Frick and the effect of same to the progress of the project. 24. Bob Leggett

· Expected to provide testimony relating to acceleration, drawing revisions 9 and 10, lack of coordinated drawings trade Stacking, lack of timely responses To RFI's, the CE process,

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misleading schedules, lack of project coordination, and other causes of UMM's cost overruns on the project. 25. Joe Moynagh

· Expected to provide testimony relating to acceleration, trade Stacking, lack of timely responses To RFI's, the CE process, misleading schedules, lack of project coordination, and other causes of UMM's cost overruns on the project. 26. Jack Towle

· Expected to provide testimony relating to UMMs performance at the project. 27. Bob Delong

· Expected to provide testimony relating to UMM's performance at the project and impacts to the project schedule. 28. Forrest McNabb

· Expected to provide testimony relating to UMM's performance at the project and impacts to the project schedule. 29. Leslie Stout

· Expected to provide testimony relating to UMM's performance at the project and impacts to the project schedule. 30. Richard Fitterer

· Expected to provide testimony relating to UMM's performance at the project and impacts to the project schedule. 31. Darwin Morrison

· Expected to provide testimony relating to UMM's performance at the project and impacts to the project schedule. 32. Mike Dearden

· Expected to provide testimony relating to UMM's performance at the project and impacts to the project schedule. 33. Jeff Jorgenson

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· Expected to provide testimony relating to UMM's performance at the project and impacts to the project schedule. 34. Joel Krein

· Expected to provide testimony relating to UMM's performance at the project and impacts to the project schedule. 35. Rob Moore

· Expected to provide testimony relating to UMM's performance at the project and impacts to the project schedule. 36. Jack Livingood

· Expected to provide testimony relating to UMM's performance at the project and impacts to the project schedule. 37. Sam Howard

· Expected to provide testimony relating to Frick / York AHU bid documents, change condition, submittal process and related issues. 38. David Evans

· Expected to provide testimony relating to UMM's performance at the project and impacts to the project schedule. 39. Jerry Priegel

· Expected to provide testimony relating to Project schedules prepared by BDC and/or Leprino during the course of the project. 40. Mick Jungles

· Expected to provide testimony relating to UMM's performance at the project and impacts to the project schedule. 41. Scott Savage

· Expected to provide testimony relating to UMM's performance at the project and impacts to the project schedule. 42. Tim Hutcheson

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· Expected to provide testimony relating to UMM's performance at the project and impacts to the project schedule. 43. Phil Gudgel

· Expected to provide testimony relating to UMM's performance at the project and impacts to the project schedule. 44. Rob Groves

· Expected to provide testimony relating to UMM's performance at the project and impacts to the project schedule. 45. Sam Groshart · Expected to provide testimony to UMM's performance at the project and impacts to the project schedule. 46. John Cassanego · Expected to provide testimony related to boiler installation and start up issues. 47. James Leprino · Expected to provide testimony related Leprino's alleged damages and issues relating to the delays to the project, sequencing of work, disclosures at bid time, communication and coordination with other trades at the project, scheduling and Leprino's construction experience.

SD:22144191.1