It is extremely rare that a Large Law Firm and Plaintiff request that admissions are “not asked” and “removed”. This typically exemplifies guilt and or fraudulent/untruthful statements made on record by the party requesting them to be omitted. SDVO believes there is some serious class action liabilities for some. We need help finding those who need help as well.
SDVO is Seeking information from anyone who has information as to why a Subcontractor would request the following (RFA) Request for Admissions to be omitted, deleted and unanswered?
Please contact the email provided if you feel you can assist in resolving the request to Omit/Delete the Following.
Admit that SSSSSS, at Appendix B of the Ttttttt agreement for the project, represented to the United States that it had agreed to a specific division of labor under the contract.
Admit that the Ttttttt agreement provided to the United States by SDVO and Plaintiff provided for SDVO to perform the construction management of the Project.
Admit the conditions of the award for the project, set out at 48 C.F.R. 52-219 required SDVO to perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.
Admit that SDVO and SSSSSS were not affiliated entities prior to the response to the solicitation for the subject Project.
Admit SSSSSS did not submit a Billing to SDVO in December, 2009 as required by the subcontract agreement.
Admit SSSSSS has never held or completed a federal government contract in excess of $11,603,000.00, as of the date of filing this lawsuit.
Admit Appendix B of the Ttttttt Agreement set out the division of work to be performed on the Project.
Admit none of the divisions of SSSSSS's scope in Appendix "B" of the Ttttttt Agreement was for a critical element of the project.
Admit the tasks set out in Appendix B of the Ttttttt Agreement are discrete tasks.
Admit the Ttttttt Agreement presented to the Government in connection with the award of the Project contained the specific performance terms of SSSSSS contemplated for the performance of the Project.
Admit on December 1, 2009 SSSSSS sent an email to SDVO stating "Cccccc, What is the status on the bank account? This is imperative that the proper account be set up. Mmmm Bbbbbb"
Admit on December 1, 2009 a subsequent email from SSSSSS's CFO, Mmmm Bbbbbb was sent to Rrrrrr Bbbbbb of SSSSSS with a courtesy copy to SDVO stating “We should not submit the invoice until the proper bank account is set up."
Admit on December 1, 2009 SDVO's Consultant Jjjj Vvvvvvv sent an email to Mmmm Bbbbbb stating "Mmmm I just got off the phone with Cccccc and Mmmmmmm. They have no intention of opening a bank account other than the one they have with Bank of the Wwww. We committed in the meeting on Nov. 17th to ask Mr. Cccc if we could invoice for bond and mob, it was one of the questions we asked in the pre con. We committed to having the invoice in by the 30th. Mr. Cccc called me this morning and apologized that he was out of the office and needed the invoice today and he would be back by 3pm to process it. Let me know what we would like to tell him this time. Thank you, Jjjj Vvvvvvv"
Admit on December 1, 2009 SSSSSS CFO Mmmm Bbbbbb sent an email to SDVO's Consultant Vvvvvvv with a courtesy copy to SDVO stating "Jjjj this is unacceptable. We discussed and SDVO agreed to open up another bank account based on the right to offset. Why does SDVO constantly try and change issues previously discussed and agreed upon. Where is the teamwork? "
Admit on December 2, 2009 SSSSSS, through its agent declared in an email "Cccccc and Jjjj, In speaking with Ssssss, they are agreeable to allow the account at Bank of the Wwww as long as the following language is added to and amended in the letter. "Bank of the Wwww hereby stipulates and agrees that it will not issue additional checks or drafts for, or permit any intra-bank transfers from, the referenced account without the signatures of the only two authorized signers, Cccccc L Nnnnn and Mmmm R. Bbbbbb." Please have Bank of the Wwww incorporate those changes and we will get the signature cards signed. Thank you, JJJJ”
Admit an email from SSSSSS's president was sent on December 2, 2009 stating "Cccccc and Jjjj, I apologize, but there were two e-mails from Ssssss that requested changes, so I am now combining both of their required changes in this • e-mail: "Bank of the Wwww hereby stipulates and agrees that it will not exercise its right of setoff against any funds deposited to the above referenced account" whether contractual, common law, statutory or otherwise. Bank of the Wwww hereby stipulates and agrees that it will not issue additional checks or drafts for, or permit any intra-bank transfers from, the referenced account without the signatures of the only two authorized signers, Cccccc L. Nnnnn and Mmmm R. Bbbbbb." Please have the Bank of the Wwww incorporate these changes. Thank you, JJJJ”
Admit SSSSSS's President, JJJJJJJ C. Sssss, on December 8, 2009 sent an email with respect to the Surety's joint bank account request, to SDVO stating "Cccccc and Jjjj, Ssssss has approved the revised letter for the bond on Pppppp. JJJJ”
Admit Ssssss Insurance Company of America through its attorney-in-fact sent SDVO and email stating "Hi Cccccc – I provided JJJJ Sssss with the Funds Control letter that discusses the responsibilities of immediately implementing that agreement as a supplement to the agreements which are hopefully now in place. I did have lengthy discussions with Lllllll Mutual regarding the status of the remedies and they have remained patient to a point. We need to get this in place soon, should Lllllll get involved further there are dire consequences because these are Federal Funds. We are at the brink of Lllllll invoking their rights as Surety and will not stop at Civil remedies. You have friendly working relationship with JJJJ Sssss. He has done everything possible to avoid what inevitably appears will turn into Civil Rights and Criminal Laws being enforced. 1 recognize you have tried to meet deadlines, but they haven't been met. Tomorrow this will be turned over to Lllllll Mutual and Criminal Authorities. Sincerely, Bbbb Dddddd."
Admit on January 4, 2010, Wwwwwww L. Dddddd, President / Attorney in Fact, of The Bbbb Dddddddddd / Lllllll Mutual Insurance sent an email to SDVO with an attachment letter titled "Notice of Breach and Formal Demand Letter/ Bond #66XXXXX Pppppp Rrrrrrrrr"
Admit the attachment to the January 4, 2010 email titled "Notice of Breach and Formal Demand Letter! Bond #66XXXXX Pppppp Rrrrrrrrr" addressed to Mr. Cccccc Nnnnn, President, and dated January 5, 2010 stated "we have received a copy of Mr. Sssss's letter to you dated December 31, 2009."
Admit attachment to the January 4, 2010 email titled "Notice of Breach and Formal Demand Letter! Bond #66XXXXX Pppppp Rrrrrrrrr" addressed to Mr. Cccccc Nnnnn, President, and dated January 5, 2010 stated "The requirement that all project related payments and funds be placed in the designated account was a condition precedent to which you agreed prior to the issuance of the bonds for this project. That was required to ensure that all prime Contract proceeds were properly accounted for, the work was satisfactory completed, and all project Bbbbs paid. SDVO's failure to follow the agreed upon payment procedures is a material breach. Please consider this a formal demand that SDVO place all funds from the first draw into the project account at Bank of the Wwww by noon on January 6, 2010. Otherwise, Lllllll Mutual will have no choice but to take the steps necessary to enforce its rights under the indemnity agreement, including but not limited to the immediate attachment of SDVO personal and Company assets to secure your indemnity obligations. That will include an accounting of the funds SDVO received on this project"
Admit on January 5, 2010 Wwwwwww L. Dddddd sent an email to SDVO and SSSSSS stating "The trust that was extended has been broken, the condition precedent has been breached, the bond premium hasn't been paid and the reason the Billing was sent to SSSSSS's office is because that is the location ALL PROJECT FUNDS were to be administered."
Admit on January 5, 2010 Wwwwwww L. Dddddd sent an email to SDVO and SSSSSS stating "Initially, Lllllll Mutual was not anxious to provide support for "Strategic Partnerships" with Ttttttt agreements. Eventually, it was agreed, if SSSSSS followed a "crawl before walk and don't run" analogy and maintained the Partnership responsibility for all project funds then Lllllll would agree to consider them on an individual basis. When the SDVO projects were bid, it was with the understanding the money was to be handled by SSSSSS. That is what was represented and that enabled relaxing Lllllll Mutual underwriting of SDVO to qualify the SDVO I SSSSSS partnership. An indemnity agreement was executed and the bond was provided with my understanding SSSSSS/SDVO were complying with Lllllll's condition precedent to provide the bond. i.e. a bank account where SSSSSS handled all funds as single signature. Lllllll has never met SDVO, but I did speak to your bond agent who assured you were honorable and trustworthy. SSSSSS, I can assure you has administered the bank account/project funds for many successful Joint venture projects."
Admit SDVO and SSSSSS were not a joint venture on the Pppppp Project
Admit SSSSSS has been deemed "nonresponsive for failure to meet SBE goal' on the Pppp County IFB #09XXXXX Mmmmmm Wwwwww Branch Library Expansion and Renovation
Admit SSSSSS under contract No. 07XXXXX has been accused of "...poor workmanship on the part of the contractor and poor project management and enforcement of the contract by the previous OAR. Incomplete and/or improper inspections, design deficiencies and lack of understanding of the code. “All in connection with the Office of the Inspector General, Los Angeles Unified School District.”
Admit SSSSSS did not receive any Direct Federal Contract Awards in excess of $100,000.00 for the year 2009
Admit SSSSSS did not receive any Direct Federal Contract Awards in excess of $100,000.00 for the year 2008
Admit SSSSSS did not receive any Direct Federal Contract Awards in excess of $100,000.00 for the year 2007
Admit SSSSSS did not receive any Direct Federal Contract Awards in excess of $100,000.00 for the year 2006
Admit SSSSSS, in 2009, did not have the direct federal contractual experience and or expertise in Federal Construction Projects in excess of$100,000.00.
Admit Arizona State law mandates, an electrical subcontractor who receives a subcontract agreement, over $100,000.00, to perform electrical services must have a valid Arizona license.
Admit the Original Contract SSSSSS issued to Tttttt Electrical Contractors Inc stated on the coversheet: "Dear Mr. Bbbbbbbb, Congratulations on your award of a subcontract on the Pppppp Park Mmmmmmmm Reservation Rrrrrrrrr Center& Storage & Maintenance Facility project and welcome to the project team. Enclosed are two (2) originals of the Subcontract Agreement between JJJJJJJ C. Sssss d.b.a. SSSSSS BBBBBBBB and your company for the above referenced project. Please review, initial each page, sign and return both originals of the Subcontract Agreement and applicable Exhibits to our office within five (5) working days from the date of this letter. A fully-executed original of the Subcontract Agreement and Exhibits will be returned to your company. It is imperative that you begin processing all shop drawings and submittals immediately upon receipt of this contract. All submittals are due within fifteen (I5) working days from the receipt of the enclosed contract, unless otherwise stated in your contract. Attached to, and a part of this letter, are guidelines, instructions, and items of pertinent information pertaining to the Subcontract Agreement between JJJJJJJ C. Sssss d.b.a. SSSSSS BBBBBBBB and Tttttt Electrical Contractors, Inc."
Admit the Original Contract SSSSSS issued to Tttttt Electrical on page 23 states the Subcontract Agreement Price $1,39X,XXX.00.
Admit the SSSSSS issued Subcontract's under section 3 (F) PAYMENT states "General Contractor shall hold retention often percent (10%), or such other percentage as may be specified in the Prime Contractor agreed to by the parties in writing. Subject to General Contractor's rights offset off, any such retention shall be payable to Subcontractor within seven (7) days after the General Contractor has been paid the retention by the Owner."
Admit the Subcontract Agreement in section 13.3 contained "This Subcontract represents the final and complete agreement between the Contractor and the Subcontractor."
Admit the Subcontract Agreement in section 5.2 states "In addition, Contractor shall have an independent right to make changes to this Subcontract. The Subcontractor may be ordered in writing by the Contractor, without invalidating this Subcontract, to make changes in the Work within the general scope of this Subcontract consisting of additions, deletions or other revisions, including those required by modifications to the Prime Contract issued subsequent to the execution of this Agreement, the Subcontract Sum and Subcontract Time being adjusted accordingly. The Subcontractor, unless otherwise directed in writing by Contractor, prior to the commencement of such changed or revised Work, shall submit promptly (within 5 days) to the Contractor written copies of a claim for adjustment to the Subcontract Sum and Subcontract Time for such revised Work in a manner consistent with requirements of the Subcontract Documents."
Admit Rrrr, prior to January 5, 2010, was a SSSSSS Employee
Admit Article I Accounting Section 1.02 of the Memorandun of Understanding executed by SSSSSS in or around December of 2009 states: "It is understood that the Project Managers compensation including all applicable taxes and benefits will be paid from SDVO's banking account noted in section 1.01 “Banking" and cost associated for this expense will come out of SSSSSS's Division of work"
Admit Article I Accounting Section 1.04 Buy-out tracking of the Memorandun of Understanding executed by SSSSSS states "All subcontracts will be negotiated mutually as noted in section 1.07 "Subcontract Buy-out". Any subcontracts written for less than the contract budget, attachment 01, i.e. savings, will be tracked and used to reconcile subcontracts that are awarded for more than the contract budget, i.e. a loss. Upon completion of all subcontractor awards the remaining buy-out balance will be spit pursuant to section 1.07 "Savings Split". Note that if the final buy-out balance is positive then the last subcontract issued to SSSSSS will contain their portion of the savings. If the balance is negative then the negative balance will be split as noted in section 1.07 Savings Split"."
Admit Article I Accounting Section 1.05 Subcontractor Payments of the Memorandum of Understanding executed by SSSSSS states "Subcontracts will be awardedorbought-outpursuanttosection2.01 "Subcontract Buy-out ‘and 'assigned to either SDVO or SSSSSS pursuant to section 2.02 ''Assignment of Subcontracts" SDVO Subcontractor Payments -Any Subcontracts assigned to SDVO will be processed and authorized by SDVO and the Project Manger. Once authorized by SDVO and the Project Manager and all applicable Subcontract requirements have been met, Payments for (a) SDVO assigned subcontracts will be paid from SDVO's banking account noted in section 1.01 "Banking" (b) SSSSSS Subcontractor Payments -Any Subcontracts assigned to SSSSSS will be processed and authorized by SDVO and the Project Manger. Once authorized by SDVO and the Project Manager and all applicable 2nd tier Subcontract requirements have been met, Payments for SSSSSS 2nd tier assigned subcontracts will be paid from SSSSSS's bank account. To allow for the monitoring of 2nd tier Subcontractor payments by SSSSSS, SDVO will be provided copies of all executed 2nd tier subcontract agreements issued by SSSSSS as well as progress and final lien releases"
Admit JJJJJJJ C. Sssss (mobile number (602) XXX-XXXX) sent a SMS Text message to Aaaaaa Pppp (mobile number (915) XXX-XXXX) on March 1, 2010 at 7:04 containing "Do you want to meet? Just you and me-we started this and then it became all fuxxxd up. We either work this out between us or it gets really ugly!"
Admit on Dec. 1, 2009 6:02 PM, SSSSSS through Rrrrrr Bbbbbb sent an email to SDVO stating "Here is the scanned copy of the schedule of values. The address and project information is on the cover sheet as previously stated. This would be the sheet we will be billing from as it is already set up to create the Billing. This SOV is for review and approval of the COE only. Once approved and the bank account set up, I will complete and submit the Billing. Bbb. "
Please email any assistance to papago@sdvoconstructors.com