Free Motion in Limine - District Court of Delaware - Delaware

I Case1:04-cv-00163-GIVIS Document152-3 Filed 08/22/2006 Page1of3
QONALD M. DURKIN I
‘ Page 149 §
l claims, and if those change orders are not
2 allowed this job was a big loser for yon even g
3 though you were terminated 70 percent or so
A 4 through the job, correct? §
5 MR. LOGAN: Objection to the §
6 form.
7 THE WITNESS: Well, any time §
8 you spend money on something that you g
9 didn‘t plan on spending money for,
20 and I‘m talking about significant E
U money here, I mean, I would E
12 characterize that as a loser. §
13 BY Ma. corrarirz
M Q. And your bid was 9 something million, i
w correct? Q
w A. Correct. i
V Q. You indicated here that by the time you g
M were terminated you had lost close to three i
N million, cerrect? §
20 MR. LOGAN: Objection to the é
gl form. §i
22 THE WITNESS: Correct. §
23 er Ma. corrarri;
N Q. And you were terminated at approximately g
.. r. i i., r .. _ rrr. ri. r.
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Case 1 :04-cv-00163-GIVIS Document 152-3 Filed 08/22/2006 Page 2 of 3
_DONALD M. DURKZN
‘ Fage l55
1 without mischaracterizing your testimony I think
2 you said, yes, that was our loss as of that time. ;
3 Earlier today you told us that
4 you didn’t keep a running job cost in a formal
5 way. Do you remember that testimony, on this §
6 job? g
7 A. Well, we do keep an accurate log of the
8 men and equipment that are on the job whether g
9 they‘re working and/or just doing the job. g
10 o. 1 S --»
U A. May I say one other thing? §
N Q. Yes.
Q A. If I did say we lost l2 million that was i
M totally inaccurate. i
w Q. Well, I don't think you said that, but ;
M l‘m confused about exactly what the answer to g
N that interrogatory is in relation to the g
N question, and I‘m trying to get at it and not g
w very artfully so bear with me. E
20 If you looked at Donald M. g
M Durkin's recount of actual job costs on this ;
W project it totaled $l2,639,923?
B A. l2 million was based on the labor, the i
M equipment, the material, I believe the i
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Case 1 :04-cv-00163-GIVIS Document 152-3 Filed 08/22/2006 Page 3 ef 3
DONALD M. DURKIN
‘ Page I56
1 subcentracters and standby where equipment was §
9 present and I'll say idle with blue beek rates.
9 Q. Se when yeu bid this jeb yeu did net bid
1 it with blue beek rates fer yeur equipment, did
9 yeu? 9
i
6 A. Ne.
1 Q. Se that $12 millien figure is a 1
9 recapitulatien —~ includes a recapitulatien ef §
9 yeur equipment, cempany—ewned equipment 9
w reealculated at blue beek rates; is that right? 9
U A. That's cerrect. §
Q Q. And dees it include any premium fer laber g
9 w er different figure fer laber than yeu used in g
M yeur bid? §
N MR. LOGAN: I'm geing te ebject é
19 te the ferm. g
19 THE WI?NESS: It weuld have §
w been based en whatever the pay scales g
19 were. Yeu might find seme
99 . differences, but I den*t think majer §
91 differences. i
99 MR. GREEN: It was a bad g
99 questien. g
21 sr Ms. GREEN: O
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Case 1:04-cv-00163-GMS

Document 152-3

Filed 08/22/2006

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Case 1:04-cv-00163-GMS

Document 152-3

Filed 08/22/2006

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Case 1:04-cv-00163-GMS

Document 152-3

Filed 08/22/2006

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