In Re: Mountain Adventure Property KIRK MOISAN 4i25/2008, 243 216], 1 A. This is for engineoring work from 1A. Thonext one is a copy ofa previous / 2 Landmark Consultants, 2 invoice. And the reason it has double copies is } 3 Q. What's it mean, "Asphalt quantities for 3 because i's in each job file. 4. Mt. Harris for Booco"? 4 Q Great. Thank you. Let's talk about the |} 5 A. Apparently Booco had asked for the 5 fidelity bond. Robinson Construction caused a} & asphalt quantities. 6, fidelity bond to be posted for infrastructure work | 7 Qs Soyou're not pouring asphalt at this 7” that still had to be performed; is that right? I 8 time? It's just how much more asphalt do we nced to | @ A. Areyoureferring tothe city-required i pours is that what this is? 9 stroct maintenance bond -- maintenanee and warranty |} 10 A. No. This is mis-billed, 10 bond? i 11 Q, It’sa mistake in the bill, you think? 11 Q. This is~ do you know there's a ! 312 A. Tbelieveso. 12 A. Performance bond? 13 Q. The asphalt quantities you think is 13 Q. — subdivision improvement agreement? Do |) 14 wrong? 34 you know what I'm talking about? 15 A. Yes 15 A. Okay. I 16 Q. Doyou know whether you actually 16 Q, Doyouknow what I'm talking about? I 17 invoiced — never mind. 17 A Yes. l 18 How about the nest item, the locating 18 — Q, And that's subiivision improvement —_ |, 19° condults? What's that? 19 agreement with the town of Hayden, correct? [ 20 A. That's work that we directed for 20 A. Yes. : 21. as-builts onthe drawings. I's our survey crew. 21 Q. Anddid Robinson Construction causea |, 22 Q. And the draft conduits sent to YVEA, 22 fidelity bond to be posted for that work? i 23 what's that? 23 A. Robinson Construction provided a I 24 ‘Thats the as-builts being put into 24 maintenance and warrenty bond for that work, Tim not |) 125 drawing form and sent to Yampa Valley Flectri exactly sure what you mean hy “fidelity bond." 4 214 216 | 1. Association as a requirement of the Grassy Creek at 1 Q Okay. So there's a maintenance and H 2. Mi. Hants project. 2 warranty bond? 3” Q HasRobinson Construction paid Landmark | 3 A. ‘There is a maintenance and warranty bond 4 for this work? 4 posted, b 5 A. Twould assume so. 5 Q, Tell mewhat your understanding of the —_f 6 — Q. Pardon me? 6 purpose of the maintenance and warranty bonds. 7 A. Twould assume that, yes, they are paid, 7 MR BERNSTEIN: Object tothe form andj 8 Would you like me to call and make sure? 8 foundation. ; 9 Q. Sure, but not right now. 9 A. Itsa requirement from the ety, } 10 A. Okay, 10 Q. GYMR.CAL) Did Robinson Construction | 11 Q. Next page, what's this? 14. have to enter into indemnification agreements with the 12 A. Thisis the completion of the ges pipe ~ 12 bond company to obtain that bond? } 13 natural gas pipeline at Villages of Hayden. 1B MR. BERNSTEIN: Objection, form and F 14 Q. This is Villages of Hayden. Do you know — | 14 foundation. F 15. if this work was actually performed in the July 2007 | 15 A. Under normal circumstances, yes, so T i" 16 time frame? 16 would assume Idon!t have the bond infront of me. 17 A. Yes, itwas. 7 ‘MR. GRAGG: Pretty funny looking bond you | 218 Q. Okay. Atleast one timely, What's the 18 got there, Peter. | 19 next invoice that's the August 10,2007, invoice? | 19 MR. CAL: Do you have a better one? 20 A. This is another invoice from a trucking 20 MR. GRAGG: One tha’ signed? 21 company that we used to bring equipment. They hauled | 22 MR CAL: Did you produce it to me? I 22 apiece of equipment from Hayden that was on sitefor | 22 MR. GRAGG: No. 23 the completion ofthe work back to Hillsboro. 23 MR. CAL: Why not? 24 Q. Okay. How about the next one, August 16, |24 MR. GRAGG: Because there is no such Se — ee depoChuntergel HUNTER + GEIST, INC. ‘54 (Pages 213 to 216) 303,832,596 / 800.525.8490\d do you know when the subdivision In Re: Mountaln Adventure Property KIRK MOISAN 4/25/2008 217 219}; a ‘MR. CAL: There is no such what? 1 improvement agreement was first executed? [ 2 MR. GRAGG: There is no signed bond, 2 A. Alllcantell yous just by looking at E 3 MR. CAL: There is no signed bond. 3. the document that you've given me, appear ike Merch. 4 Deposition Exhibit 19 was marked.) 4 Q Read the title of the document you're F 5 Q. (BYMR.CAL) Would you tell me what the | 5 talking about, please, | 5 frst two pages of Exhibit 19 reflect 6 A. Subdivision Improvements Agreement. } 7A, They would reflect what we commonly 7 Q, For Villages of Hayden, fling 1? I 8 referred to as « maintenance bond, 8 A, ForVillages of layde, filing 1 F 9 Q. Andwhat~soyou're familiar with these | 9 Q. ‘Thisindieates that this document was I 10 types of maintenance bonds? 10 recorded on March 22, 2007; is that right? f 11 A. Yes,Lam, MA, Yes. E 12 —_Q. And Robinson Construction has posted. 22 Q. And tis isto your knowledge, this [ 13. maintenance bonds in the past? 13 Is~maybeit/s not, Have you scen this document E 14 A. Yes, wehave. 14 before? F 15 Q. Did Robinson Construction post a 15 A. Thavenot,n0. f 16 maintenance bond for the incomplete work at Villages [16 Q. But asfaras you know, there wasnever af 17 of Hayden? 17 bond posted by Robinson Construction because Robinson | 18 A. Itisnot complete and was never 18 Construction did not enter into the contract withthe 19. finished, 19. Villages of Hayden? 20 Q, What is not complete? 20 A. Thatiscomest. We wore prepared todo 21 A. Thisisnota valid bond, I's not 21 that in November, the yer before. 22 stampod and there is no valid bond, and I can answer | 22. Okay, So take a look at page 2 ofthis 23 to that actually. 23 document. I want you to look at paragraph 6, } 24 Q. Okay, Why don't you answer fo why 24 A. Subdivision improvements agreement? |25 there's mata valid bond 0. Yes, please. L 218 220}, 1 A, Because the orginal subdivision 1A, Okay, I 2 improvement agreements was going tobe with Robinson | 2, Omparagraph 6, commitment guarantee, it 3. Construction, andthe 4S group took that upon 3. says, "Developer's performance under this Agreement is | 4 themseives because ofa ming ise. And we were 4 guaranteed by a letter of credit from Vectra Bank for | 5 prepared to puta bond in place in November and when 5 $501,951 and aperformance bond in the amountof 6 48 was needing the city to release permits the next 5 $1,300,000 for warranty on improvements completed | 7 spring, they took on the subdivision improvement 7. prior to platting.” Do you soe that? : 8 agreoment withthe city instead of having that made 8 A. Ido, } 9 outtous. So the city, in fact, never did come back 9 Q. Isthere, to your knowledge, a 10 and request o require tat Robinson Construction do 10. performance bond in the amount of $1,300,000 forthe 411. the maintenance bond, 12. warranty on the improvements completed prior to 12 Q. Okay, So just so1'mon the same page 12 plating? 13. here, in November 2006, did Robinson Construction post [13 A. The agreementhere is made between 4S 14 bond? 44 Development and the town of Hayden, and Thave no idea 15 A. Tewasnever completed. 15. if 48 actully gota $1.3 million bond -- 16 — Q, Butatthat ime— 16 Q. Soyoudon't know? I 17 A. Wewere prepare to post the bond 17 A. forthe improvements 18 Q. =youwere prepared to post the bond in 18 Q You don't know? 19° the event there was a contract between Robinson 19 A Teanttspeak for4s. 20 Construction and the town of Hayden? 20 Q, Soyou don't know? 21 A, Yes, Intheevent that the town of 21 A. Idonvtknow. Sony. 22 Hayden was going to require the subdivision agreement | 22——_Q.. That's okay, but you do know for a fact, 23. tobe between Robinson Construction and the city of 23 that Robinson Construction has not posted a 24 Hayden, 24 $13 million bond for warranty on improvements? 25 lopoGhuntergeist.com HUNTER # GEIST, INC. 303.832.5966 / 800.525.8490In Re: Mountain Adventure Property KIRK MOISAN 4/28/2008 221 1 Q, Okay. Did Robinson ever generate a 2 document for what it believed was the work that still 3. needed to be complete on the infrastructure at 4 Villages at Hayden? 5 A. Telieve so, yes. 6 —Q. And do you remember when that document 7 wascreated? 8 A. [didn'tereate it, so don't know 9 exactly what date itis, 10 (Deposition Exhibit 20 was marked.) 11 Q. Okay. We'll show you some documents in 2 12. second, When you've had a chance to review the 13 document, let me know, please, 14 A. Okay, 15 Q. And whatis that document? 16 A. Thisis thelist of tems to complete at 17. Villages of Hayden and Hidden Springs subdivision. 18 Q. What does it indicate in terms of what 19 still needed to be done on September 25, 2007? 20 A. Would you like me to read the list? 21 Q. Well, let's ask a different question. It 22. says —T assume that should say "to whom it may + 23. concern"? 24 A. Yes [25 _Q. Who was this document boing drafted fox2_| 222 2 A. This document was being drafted for 2 basically anybody that wanted it 3 Q. What was the purpose of drafting it? 4 A, Because Ron Sill, Roger Johnson, Don 5 Anderson, all ofthe parties concerned wanted to know 6 what was left todo at Villages of Hayden because the 7. Sills group had made claim that there was financing in 8 place to complete the work. 9 (Deposition Exhibit 21 was marked.) 10 Q Amd then I'd like you to take a look at 11 this one. Would you take a look at what's been marked 12 as Kxhibit21, please. 130A. Yes 14 Q. Ant tell me what this document is, 15 A. This isa list ofthe unfinished work 16 that was going tobe let until we could return inthe 117 spring or summer, depending on the construction 18 schedule for the summertime, that was being proposed 19. prior to Ryan Berackman leaving the project. 20 Q. Okay, And was this an attempt to make 21 sure you included everything that was needed on 22 Villages of Hayden? 23 A. No. Itwasa proposed ~ it was a 24 proposed -- you know, it was & proposal, this is what, L25_in our opinion, need tobe completed nex! yea 223 Because of weather, we were having a hard time getting |} anything done in the weather. Q. Assuming all of this work were performed, ‘would Robinson Construction have fulfilled its obligations under the construction contract? ‘A. The contract scope would have been complete, yes. Q. The estimate is $551,437, correet? A. Yes, that's what's on there. Q. SoT'd like you to put Exhibit 20— ‘we're going to compare 20 and 21, Okay? ‘A. Okay. Q. S031 includes general conditions, but ‘there are no general conditions on Exhibit 20, right? ‘A, Exhibit 20 was after we had been told to leave the project, We had de-mobed, It'sa list of “unfinished items or items to complete for somebody else, because we werent going to be there, so n0, there's no general conditions. Q. Okay, Now, on Exhibit 21 there's an item for handicap ramps for $97,500? AL Yes Q. To your knowledge, were those installed? A. Ibelieve they were installed, yes. 224 pathway. You see that? AL Yes. Q. Was any work performed on the 8-foot ‘concrete pathway between November 2, 2006, and September 25, 2007? ‘A. Not that Im aware of, Q So that would be an item that still has to be performed? A. Yes. [ Q. That's reflected on your September 25, [ 2007, correct? AL Yes, Q. How about the 4-foot gravel trail | $4,868? Was any of that work performed? A. No. Q. So that stil has to be performed as ! reflected on your Exhibit 2 right? A. Right. i Q. Gas service here, $85,500 on your F November 2, 2006, invoice, right? : ‘A. Comect 4 Q. Was there gas service work performed | between November 2, 2006, and September 28, 2007, on Villges of Hayden? A. Yes, sit, there was 56 (Pagos 221 to 224) depoghuntergeist.com HUNTER + GEIST, ING. 303.832.5966 / 800.525.8490In Re: Mountain Adventure Property KIRK MOISAN 4/25/2008 Q. And was it completed? A. dont believe it was complete. We could roll back to this bill you gave moe alittle bit 290. Q. Can you find how much was on that bill and tell us what exhibit you're looking at, please. A. Tim looking at Exhibit 18, Q. Okay, What does that tell you? A._ It tells me that $36,664 of the gas service is complete on the invoice for completion of Lake Villages. Q._ Soit says, "Invoice for completion," but 1 guess I'm — is that a misstatement? Is it complete ‘or isn't it complete? ‘A. Twould have to verify at this point whether gas service was complete. Q, Okay. Then there's phone/eable for 384,000 listed on your Exhibit 21. A. Uh-huh, Q. Was any work done for phone/eable between November 2006 and September 2007? ‘A. Not that I'm aware of. 1 could check on that Q. Okay. How about landscaping? Any 226 A. Yes, there was landscaping ongoing during the summertime, Q. So presumably the amount needed to complete the landscaping should be less? ‘A. Itshould be less. They are not complete. Q. Okay, The top lift AC paving, would you tell me what that is, ‘A. When we built subdivisions, typically they require a 3 to 4-inch section of asphalt in the streets, and typical standard construction is where you'll put an inch and a half down or potentially 2 inches down and then leave that and then when the houses are under construction or substantially complete, then the top lit would come back through so that the housing construction doesn't damage the street, Q. So that's an item where the work still ‘would not have been performed, correct? A. Yes, that's not done, Q._ So there's some items on the September 25, 2007, document that were not in the November 2006 document? 10 an 12 13 14 1s 26 a7 18 49 20 aa 22 23 24 HUNTER + GEIST, INC. [25 A. Itenuld behoth I'd have ta took at ____| 25 and all of the discussions about what is complete, 227 ‘Hockins pit, why is that in September 2007 but not in |! November 2006? ‘A. Because between November 2, 2006, and E ‘September 25, Ron Sills had also requested additional ‘work be done at Villages of Hayden, These rocks had ‘been purchased. These are the rocks that were hauled. ‘out of -- apparently now we've answered our earlier question -- the Hockins pit. There's additional work that has been created or been requested by Ron Sills and the 4S group. Q. Okay. Storm culverts at pathway, what's that? A. I'd have to look at the plans to show you ‘that, but it would be a culvert crossing. Q. Why is it not included in the November 2, 2006, document? A. Because it could have been work also that they were trying to complete in the November time frame when we were still on site in and out of the ‘weather, because remember, I said the first one was a proposal of work to leave open. Q. Now, the storm culverts at pathway, if you just had to take a guess, a swag, is that something that's like $10,000 or $100,000? 228 the drawings, Pete. Q._Now, the install park benches, why is ‘that not on the November 2006 document? ‘A. Again, we would have to look. I'm not sure if they were part of the scope and original portion, I don't know ifthey were in or not. I'm not sure, Q. Sof T've been told that there was some sort of discussions going on with the town of Hayden to release the Robinson bond, as far as you know, that Just can't be because there's no bond to release; is that correct? ‘A. There was discussions about the bond and release of the bond, and through the whole deal it was | recognized that in March of 07 apparently, according {o this document -- 20 minntes ago I couldn't have told you March ‘07 - that the 48 group took the agreement on, Robinson Construction didnt, therefore ‘we never did actually have to post the bond, but we were prepared for it. Q. Sowhat were the discussions about — when were the discussions about the releaso of the |, bond? ‘A. During the August breakup ofthis project 87 (Pages 225 to 228) 303.832.5966 / 800.525.8490In Re: Mountain Adventure Property a von woraan asco B 229 231|; 41 what is mot complete, wat is getting complete, where 1 Q. What was the reaction when you found out 2 wore at in the whole deal, the discussions about the 2. you hadn't posted a bond? E PBo | > sentandttncrequirements ote subivision agreement | 3. "A. Ono es thing we ave to unwind P 4 came into those conversations. 4 Q Itslike, whew, we didn't post that bad f 5 Q, Sothis is August 20072 5 boy, huh? i a 6 A. Ubsuh 6 MR. BERNSTEIN: Objection. i 7 Q Did you tell people in August 2007, What 7 Q (BYMR.CAL) I'mean, that meant you're |; 8 doyou mean, there is no bond to release? 8 offthe hook $1.3 million? | BH [2h Mettwtimancot oA ae } 10 Q. What did you say in response to people 10 MR. BERNSTEIN: Objection to the form. 11 who were talking about the bond? 31 Q. (BYMR.CAL) When did you tellthe other f, Bw 12 A, Thatthere should be a bond posted that 12 members of MAPI that you had not posted the bond? |} 13 is going to need to be eleased 13 A. Idont know that I personally have told I 14 Q. SodoT understand right, you were 14 the other members of MAPI tha the bond hadnit been J 15 assuming that there was a bond posted by someone else |25 executed. [ BBE |s¢ cratcyountnictherewasaboud posted by Robinson |16 — Q. Has anyoue from- go ahead, } 17 im August 20072 17 A. Thediscussons were about 4S taking over 18 A. Timnot saying thet Tassumed anything 118. the subdivision agreement in March and ~ } | 19 about anybody else, but we had been prepared to post. {19 _-, ‘Haveyyou personally told anyone outside | 20 this bond. It was documented, ready to go. In 20 of Robinson Construction that Robinson Construction |! 21. between the timeframe ofthe city requiring it, 48 21 has not posted a bond? f a 22. took on their work and it was our understanding that 22 A. No,Thavenot. ! 23 westill may have this bond hanging out there that 23 Q. SoRobinson & Sonsisstilla member of —_f 24 would need to be released or the requirements would 24 MAPK is that right? F a |.25_need to be released A._That. . H 230 232|/ 1 Q. In August 2007, did you, Kirk Moisan, 1 Q, And Robinson & Sons asa member of MAPL |i a 2 believe that Robinson Construction had posted a | 2 has earned through Robinson Construction that a 3 $1.3 milton bond for the infrastructure work at 3 $1.3 million bond that everyone else in MAPT thinks is, 4 Villages at Hayden? 4 posted hus not been posted; is that correct? ! Bis wy. 5 MR. BERNSTEIN: Objeot tothe fon. F 6 — Q Youaia? 6 A. That would be essuming that the ! 7 A did, yes. 7 conversation had taken place. Rg 8 Q. Subsequently you determined that the bond| 8 Q. (BYMR.CAL) The point is Robinson & i 9 had not heen posted? 9 Sons's a member of MAPI; is that right? I 10 A. Thetis correct. 10 A. Yes, they are. | | a Q. Tell me when you determined that the bond |11_——_Q._And Robinson & Sons now asserts the I 212 had not been posted. 22 position from information learned from Robinson | 13 A. Inthe AugusvSeptember time frame when | 13 Construction that Robinson Construction has not posted |} 14 the discussions were being had about what was 14 abond for the work to be performed at Villages of | PR 35 cutee set wasnct compete, and bow tomove out |15 Hayden hat caret? 16 of that project. 16 MR. BERNSTEIN: Object to the form. i 17 Q. How did you determine this? 17 A, Tdonttunderstand that series of ! Rk 18 A. Tdont recall a specific conversation or 18 questions. Are you making the claim that = I'l et : 19° who told me, T's in discussion, 19 you ~I don't understand the question, Peter. i 20 Q. With whom? 20 Q. (BYMR.CAL) Isitagood thingorabad | a 21 A. Idon'trecall, Peter. 24. thing for the other members of MAPI that Robinson 22 Q, Wasit with other members of MAPI? 22. Construction has not posted the $1.3 million bond? 23 A No. 23 MR BERNSTEIN: Object to form. a 24 Q. Wasi internal within Robinson? 24 A. You're asking me to speculate on what the i | 125 ____A._Itwould have been most likely, ves, 25 good thing and bad thing for MAPI is in this caso? Hl com HUNTER + GEIST, INC. 58 (Pages 229 to 232) 303.832.5966 / 800.525.8490| In Ret Mountain Adventure Property KIRK MOISAN 4/25/2008 233 238]: 1 Q (@YMR.CAL) Ifyou were a member of 1. got your talking points down, 2 MAPI, wouldn't you want a bond to be posted forthe | 2 A. Thave what? 3. work that had tobe performed? 3 Q. Yourtalling points, you have themdown || 4 ‘MR. BERNSTEIN: Object to the form, 4 real well. You told 48 and the other members of MAPI |) 5 A. I don't know if 4S has posted the bond or 5 that Robinson Construction had posted a bond? a 6 not. 4S has the agreement with the city. 6 A. Yes. L 7 Q. (BYMR. CAL) Well, you knew in 7 Q, Now, they didn't tell you, We know you Hi 8 August 2007 that everyone thought that Robinson bad | 2 really didn't doit, did they? F 9 posted the bonds, right? You thought Rob— 3 ‘MR. BERNSTEIN: Objection to the form. i 10 A. thought Robinson had posted the bond. 10 A. No, Iwas told that 4S created -- or 11. I don't know if everyone else thought that Robinson 11. executed the agreement with the city, the subdivision F 12 had posted the bond, 12. agreement with the city, which would then put that I 13 Q. So in these discussions about the bond, ‘13. requirement upon 4S's back, not Robinson I 14 who were they ~ what bond do you think they were 14 Constructions. Once we realized tha they actually F 15. talking about? 15. posted the bond, it's not an issue for us anymore. iH 26 A. Whowas talking about the bond? Ttold 16 Q. (BYMR.CAL) Soitwasn't until sometime |} 17, you had told them that ~ Don Anderson end Roa Sills. 27 in Augost 2007 that you found out hat Robinson 16 thet there was a bond in plac. 18 Construction hadn't signed the contract with the town 19 .Q, Sowere you talking on behalf of Robinson 19. of Hayden? 20 Construction or Robinson & Sons when you told them the |20. A. ‘That’ correct. 21 bond was in place? 21 Q. Soall through 2000 so from 22 * A, Inthe conversations about what was 22 November 2006 through August 2007, you on behalf of 23. completed, what was not completed, what was lefl to 23 Robinison Construction thought that Robinson [ 24 do, the bond issue, warranty issues, panch list 24 Construction had executed a contract with the town of | 1 Construction, 2 Q. Soon behalf of Robinson Construction, 3. you told the members of MAPI in early August 2007 that 4 affidelty bond had been posted by Robinson 5 Construction? 6 A. Baved on my understanding thatthe bond 7 was posted, yes. & —_Q. And since you provided that information 9 tothe members of MAPI in August 2007, have you 10 corrected the misstatement? 11 A. Not formally, no, 12 Q. Have you done it informally? 13. A No. 14 Q. Soyou haven't done it at al thon; am T 15. right? 16 A. Youare right 37 Q. Sothe other members of MAPI are merrily 18° going along thinking they've got a bond posted because 1. Mr. Moisan from Robinson Construction told them that 20. Robinson Construction had posted a bond? a ‘MR. BERNSTEIN: Objection tothe form. 22 A, Idonit know what they'e thinking, 4S 23° has the agreement. 4S is the one thet told me they 24 had the agreement 25 ___Q. (BYR. CAL) Stop with the 4S. You've {25 issues, Iwas talking on behalf of Robinson 234 [25 Hayden to.complete-the infrastructure? | 236 ‘A. No. I thought we had posted the bond. Q. You had posted the bond, Okay. But Jet's just pick March 2007. In March 2007 did you now that 4S had the contract with Hayden to do the {infrastructure work? ‘A. March 2007, Txnew that it was taken care of Q. How did you know it was taken care of? A. [hadn't been getting any more requests cor there was not eny open issues concerning the bond or the agreement with the town of Hayden being. presented fo Robinson Construction. Now, atthe same ‘time, through the course, there was the letter of credit produced and debt applied against the Mt. Hants property that I was aware ofthat was for the city requirements Q. Okay. Who was the lead — Mr, Barackman was the project manager who was on site on a weekly basis in 2006, correct? A. Conrect. Q. And you were also on site on a weekly F basis in 2006? i ‘A. Ryan Barackman was on site every day through the course ofthe construction project. I ame in every week for meetings. depo@huntergeist.com HUNTER + GEIST, ING. 59 (Pages 233 to 236) 303.832.5966 / 800.525.8490In Re: Mountain Adventure Property KIRK MOISAN ai2s/2008 237 239 1 Q_ And Rysn Barackman reports to you; ts 2 & Sons has informed anyone from MAPI that Robinson | 2 thatcorreet? 2. Construction has not posted the bond? : 3. A. Thats core. 3A. Tdon'tknow that anyone from Robinson & } 4 © Q. Soyou're in the chain, you're up the 4 Sons hs informed any other members of MAPI that [ 5 food chain from Mr. Barackman, correet? 5 Robinson Construction didnot posta bond, E 6 A. Correct. 6 — Q Hasanyone from Robinson Construction ——_f, 7 Q. Who's up the food chain from you? 7. informed Robinson & Sons that Robinson Construction |; 8 A. Randy Robinson, 8 has not posted the bond? ! 9 Q. Soit's Randy Robinson, Kirk Moisan, and 9 ‘A. There would not be a formal process for i 10 Ryan Barackman for the projects up in Hayden; is that | 10 that. If Randy Robinson knew Robinson Construction | 11 correct? 14. didnot posta bond, then as a manager of Robinson & =f 12 A. That's correct, 12 Sons, then he would know that Robinson Construction | 13 Q. Ando the number two guy in the 13. didnt post a bond. I 14 Iilerarchy for Robinson Construction though that 14 Q Andyou also told us earlier this morning 15. Robinson Construction had posted the bond? 35 that you represented both Robinson Construction and |; 16 A. Thafscomect, 26 Robinson & Sons on this job, correct? E 17 Q._ And didn’t really care apparently about 17 A. Thatis comrect. f 18 who had signed the contract with the own of Hayden fo |28 And soyou Know that Rob~youknowin ft 19. perform the work? 19 your capacity as a representative of Rabinson & Sons |) 20 MR. BERNSTEIN: Objection, form, 20 that Robinson Construction did not post the bond? 21 A. Thats your speculation. 21 A. Okay. 22 Q. (BYMR, CAT) Did you care? It was 22 Q, Isthat true? : 23. important to you, wasn't it? 23° A. Thafstnve. 24 A. Thovequirements and the issues and 24 —— Q. Andas far as you know, no one from | 25 priorities ofthe. project that was notone.ofthem, __|25._elther Rahinson Canstructinn or Rabinson & Sons has__} 238 240}, 1 Ithad been taken cae of. 1 ever gone to tell the other members of MAPI that, in. |! 2 Q. Andas the general contractor doing the 2 fact, if there's a bond on this job, it's nat Robinson ft 3. work, you never eared about how ithad been taken care | 3 Construetion's bond? 4 of 4 A. You're correct. 5 MR. BERNSTEIN: Objection to form. 5 Q. Butin August 2007 you had told them that 6 AN & Robinson Construction had posted a bond? F 7 Q. (@BYMR.CAL) When did Mr. Robinson learn =| 7A. Yes, Tid, } 8 that Robinson Construction had not posted the bond? 8 Q. Okay, Was there any other work — in I 8 MR. BERNSTEIN: Objection to form, 9. some documents I've seen references to various 20 A Imnoteure. I dont know. 10 projects. Were there any other projects other than 42 Q. @YMR.CAL) Did helearn it from you? 11. Mt Harris at Grassy Creek, Villages at Hayden, and 122 A No 12. Hiidden Springs for which Robinson Construction did | 13 Q. Whodid he earn t from? 13. workin or near Hayden? Cuffs? } 14 A. Idontt know. 14 A. That is Mt. Harris. ; 15 Q. Whodid you earn it from? 15 Q, Cliffs and Mt. Harris are the same? 16 A, Tmnotawate of the specific person that 16 A. Exactly the same. 17 toldame, Itwas ina conversation, I don't know. 17 Q, Different, same thing. Looks like you're | 28 Q. Doyou know whether the town of Hayden 18 thinking. Are there other projects other than those |) 19 thinks that Robinson Construction posted a bond? 19° threo where Robinson Construction did any work? |, 20 A. Ldonttkaow. 20 A, No. Wehavea project — atthe time we ! 21 Q, Have you had any discussions with the 21. hada project in Gypsum, Colorado, Eagle, Colorado. 22 town of Hayden about whether Robinson Construction had {22 Q. How far is that from Steamboat? 23 posted a bond? 23 A. Tveonly flown, It's right over the 24 A. Thavenot. 24 hill, Tdon't know the mileage distance, 25 __Q. Doyou know whether anyone from Robinson__|25 Different employees on each iob?, depoghuntergeist.com HUNTER + GEIST, INC. 303.832.5966 / 800.525.8480