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�- <br /> 09/01/95 15:27 $617 951 0388 - -_ _ . - _ _ - - - -- -- - -- - _---� --- -" -f�J002 - -- <br /> 0..- 1 <br /> P. C JEANNE 6,MCKNIGHT <br /> LEONARD KOPELMAN KOPELMAN AND PAIGE, JUDITH G.CUTLER <br /> DONALD G.PAIGE ATTORNEYS AT LAW ANNE-MARIE M.NYLAND <br /> ELIZABETH A.LANE RICHARD BOWEN <br /> JOYCE FRANK 101 ARCH STREET CHERYL ANN BANKS <br /> JOHN W.GIORGIO DAVID J.OONESKI <br /> DARBARAJSAINT ANDRE BOSTON.MASSACHUSETTS 02110.1137 SANDRA CHARTON <br /> JOEL B.BARD (LANA M.QUIRK <br /> EVERETT J.MARDER BOSTON OFFICE BRIAN W.RILEY <br /> PATRICK J.COSTELLO 16171 931-0007 MARY L GIORGIO <br /> FAX 16171 931-2735 KATHLEEN E.CONNOLLY <br /> JOSEPH L.TEHAN.JR. JOHN G.CANNON <br /> WILLIAM HEWIG 111 NORTHAMPTON OFFICE KURT B.FLIEGAUF <br /> THERESA M.DOWDY 4131865-8632 MICHELE E.RANDAZZO <br /> DEBORAH A.ELJASON WORCESTER OFFICE PETER J.FEUER8ACH <br /> 1308)762-0203 <br /> September 1, 1995 <br /> By FACSIMILE - (401)78l-9863 <br /> CERTIFIED MAIL - RETURN RECEIPT REQUESTED <br /> David Patrick, President <br /> The Stone Building Company <br /> 780 Allens Avenue <br /> Providence, RI 02905 <br /> Re: Mashpee High School Project; Failure of The Stone <br /> Building Comnanv to Comply with Progress Schedule <br /> Dear Mr. Patrick: <br /> Please be advised that this firm serves as Town Counsel to <br /> the Town of Mashpee. I have been notified by the Chairman of the <br /> Mashpee High School Building Committee that The Stone Building <br /> Company has, for the past two months, failed to meet the progress <br /> schedule requirements of the General Contract and that the <br /> imminent substantial completion deadline for the outdoor athletic <br /> fields is unlikely to be met. The Town of Mashpee is obviously <br /> quite concerned about these critical construction progress <br /> problems, particularly at this very early stage of construction. <br /> As you know, the Supplementary General Conditions of the <br /> construction contract for this project, specifically sections <br /> 8.2.5 and 8.2.6, provide that if three successive applications <br /> for payment, as certified by the Architect, indicate that the <br /> actual work completed is less than ninety percent of the values <br /> estimated in the Progress Schedule to be completed by the <br /> respective dates, the Town may, at its option, treat the <br /> contractor's delinquency as a default, justifying termination of <br /> the contract. I have been advised by the Project Architect that <br /> the payment applications submitted for the July and August work <br /> periods were below this ninety percent work completion threshold. <br /> The Stone Building Company is thus in jeopardy of subjecting <br /> itself to a default of its obligations under the General Contract <br /> persistently failing to comply with its own Progress Schedule. <br /> ersi g <br /> by P 1F <br /> PRINTED ON RECYCLED PAPER <br />