Free Statement - District Court of Arizona - Arizona

S t UNITED STATES DISTRICT COURT {
FOR THE DISTRICT OF ARIZONA $
OC CONSTRUCTION PRODUCTS, LLC, ) N0. CV03-1997 PHX ROS I
a DeTaware Timited Tiabiiity ) T
company, )
) T
PTaintiff, )
> T
vs. ) F
) i
COHILL'S BUILDING SPECIALTIES, ) i
INC., and MICHAEL COHILL, ) 1
>
Defendants. ) #
) I
COHILL'S BUILDING SPECIALTIES, ) I
INC., an Arizona corporation, )
>
CountercTaimant, ) 6
T ) 1
-;l;&§i V S · ) 0
T 1 “’ )
I aOC CONSTRUCTION PRODUCTS, LLC, )
a Deiaware Timited Tiabiiity ) L
company, )
>
Counterdefendant. )

DEPOSITION OF TONY F. VALDEZ
February 4, 2005
1:53 p.m.
ScottsdaTe, Arizona
J
..,. Prepared by: A
,4.I »·»K ~ ~—··»···i -»»~ Ji .;.. fig; .,,,, jggj;;~/¢;;gyj;e:, .... - Ca roi yn T . Sui T i V a n , RPR
F' "‘`i` 1 ’°‘’’ TRGPOYPHB SGYVICBS Arizona Certified Cou rt
Reporter No. 50528 T
5333 North 71% Street
&uwBHO Prepared for:
T. P&mmm1M&mm8&H4Q8M) Mr. Russeii K. Ryan T
.§“ ‘ Attorney at Law T _
T (602) 266-6535 Pham: ,
» (602) 266-9661 Fax (Copy)
Case 2:03-cv—01997-ROS Document 70 Filed 08/19/2005 Page 1 of 4 _ 1

62 V
TONY F. VALDEZ — 2/4/O5 I
l I Q. You don't recall that?
2 A. No. A
3 Q. Do you recall it not happening, or do you just l
4 not have a recollection? Q
5 A. I just don't have a recollection. I
6 Q. I needed to be clear. It was a bad question. é
7 A. I understand. i
8 Q. Thank you.
9 Do you recall during the relevant time 3
IO period a situation arising with respect to the use of
II QC Construction Products on a project at the University
I2 of Arizona? j
I3 A. Yes. A A
I4 Q. Who was the contractor on that job?
I5 A. Oh, my. Well, the prime was Swinerton—Wallberg
I6 was the prime contractor. The subcontractor, his name
I7 was Kelly. I remember Kelly. I want to say the name of
I8 the company was Floors Image, but I'm guessing a little
I9 bit here.
2O Q. Does the name Casa Floors refresh your j
2I recollection in that regard? 4
22 A. That was Phase II.
23 Q. Can you tell me what you recall with respect to
24 the situation with the QC Construction products being
é 25 used on that project at U of A?
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63 I
Tom F. vminsz - 2/4/05 A
1 A. I had had an opportunity —— as I said earlier, i
2 Twenty~One Tech Company recommends various different i
3 lines. And the architect is a firm out of Utah. And
4 early on in the project when the new construction phase
5 started, some of our other manufacturers were involved
6 with the type of technologies that they manufacture and i
7 provide specific to this project. So we had had the ear i
8 of the architectural firm, and when it came to my i
9 attention that there was an inordinate amount of square f
1O footage of stain on this project, I decided to pursue it. y
11 There was a guy who works for Border i
12 Products, George Brown, who was way integral with the 1
13 project and way integral with Kelly. And there's another
14 guy named Ray at Border Products, also. So the QC
15 opportunity didn't exist at the time as much as the stain
16 opportunity existed. Through George's and Ray's efforts,
17 Kelly gave QC an opening to have the QC product offered
18 to him in competition with what was specified.
19 I went to Mike and Dave —— I went to Dave
20 first because I was afraid of Mike. But I went to Dave,
21 and I explained to Dave what I was doing -—
22 Q. That would be Dave Frasca?
23 A. Yes. And I said to him, "Since you guys aren't
24 down there and since it's not a QC specification, do you
é 25 have a problem if I sell this job to Border Products?"
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64 Z
Tony F. VALDEZ - 2/4/05 %
I And I don't know if Dave talked to Mike and Karen or i
2 spoke to you about it or not, but Dave said, "Go for it." 2
3 And so with Dave's blessing, if you will, we went ahead i
4 and sold the job to Border, and Border sold the job to i
5 Kelly. .
6 Phase II came about, and Pat got the work, I
7 and Borders sold it to them again. And that was it. i
8 Q. For Phase II, was Cohills’ consent obtained 3
9 again prior to that sale? j
IO A. I'm not even sure that I asked, because it was
II the same project, just a different phase. E
I2 Q. Do you remember the volume of that product?
I I3 A. No.
I4 Q. And this was sold through Border Products?
l5 A. Yes. i
I6 Q. Down in Tucson?
I7 A. That's correct.
I8 Q. Are you generally familiar with the redi—mix
I9 industry in Maricopa County?
2O A. Yes. i
2I Q. Are you aware of a trend in the redi—mix
22 industry of switching over to liquid systems?
23 A. Yes. r
24 Q. Do you know approximately when that switchover
Q 25 trend commenced?
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