Free Answering Brief in Opposition - District Court of Delaware - Delaware

Case 1:04-cv—00163-G|\/IS Document 199-2 Filed 08/24/2006 Page 1 of 2
Carol Houck
‘ Page 668 §
1 the suhcontractors' work was completed. Correct?
2 A. I don't know that I would agree with none. I §
3 can‘t say. -
1 Q. Can you identify a single subcontractor's work;
5 _ that was completed?
0 A. Maybe Langdon. No, they probably would have 3
1 still been brought in. I don't know. I couldn't say g
0 without guessing. All the subcontractors are not fresh
2 in my mind right now. g
10 Q. Well, was Talley Brothers' work completed?
11 A. No, theirs was not. §
12 Q. Was Hallaton*s work completed? g
13 A. Na.
11 Q. Do you know where the Zone V material was 2
15 placed? E
16 A. That’s underneath the liner. E
11 Q. Do you know whether that work was deemed §
10 incomplete by URS? g
10 A. I‘m not sure a hundred percent if it was or
20 not. g
21 Q. Do you know what the contract provides as far 2
22 as now to pay for incomplete work? §
23 A. Percentages, I believe. g
24 Q. You didn’t understand that incomplete work ls i
Corbett & Wilcox
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Case 1 :04-cv-00163-GIVIS Document 199-2 Filed 08/24/2006 Page 2 of 2
Carol Houck
A Page 669
4 paid on a time and material basis up to the time of E
3 termination? ;
3 A. Yes. §
4 Q. That is the method of paying for incomplete
3 work. Is that correct? g
6 A. Yes. l é l
7 Q. So all incomplete work for Durkin should be, g
3 for purposes of calculating what they were entitled to be g
3 paid up to the date of termination, would be on a time i
43 and material basis. Correct? §
44 A. That‘s my under —~ that‘s my recollection. %
42 Q. Now, you stili have Mr. Akin's memo in front E
43 of you? §
44 A. Yes. ;
13 Q. lf you can go to the last page of Mr. Akin's §
46 memo. §
17 A. Mm—hmm.
33 Q. And it says, the very first sentence, fuil §
43 sentence on page 3 of Mr. Akin's memo, "Hence, some deiay é
20 in getting that resolution may or may not cause Durkin to g
- 24 be more amenable to a settiement or a mediation of §
22 certain issues," okay. i
23 Did E read that correctly? Let‘s read E
24 the first sentence, and then I will just read the
Corbett & Wilcox
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Case 1:04-cv-00163-GMS

Document 199-2

Filed 08/24/2006

Page 1 of 2

Case 1:04-cv-00163-GMS

Document 199-2

Filed 08/24/2006

Page 2 of 2