On May 31, 2016 a
Exhibit,Appendix
was filed
involving a dispute between
Dematteis Darcon, Joint Venture,
and
The City Of New York,
for Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 04/27/2021 07:12 PM INDEX NO. 652893/2016
NYSCEF DOC. NO. 287 RECEIVED NYSCEF: 04/27/2021
EXHIBIT 8
FILED: NEW YORK COUNTY CLERK 04/27/2021 07:12 PM INDEX NO. 652893/2016
NYSCEF DOC. NO. 287 RECEIVED NYSCEF: 04/27/2021
RE
WH^II'ELflmlfi?HJff
516.285,5500
T];YENru Drrcon
FAX:51 6.285.8248
lnc
Janua,ry 17,2014
Mr. Joseph Barbaro
Barbaro Electric Co, Inc.
144 Lodi Street
Hackensaok, NJ 07601
Re: .l{ew Manhattan Community Districts I/2/5 Garage, 353 Spring Street, New York, Ny 10013
Contract No. CT I827 201 11410698
Dear Joe,
For some time now we have been expressing our concetn with Barbaro Eleotric's ability to
keep up with the project schedule and the amount of manpower that would be required to do so. We
have repeatedly boen told by you and your staff that inoreased manpower would be coming. Since
Novembet of last year there has not been any measurable increase in manpower. To make matters
worse this past week your manpower has decreased as well as assigning a portion of that reduced
manpower to another oontractor for control wiring. We find this to be totalty unacceptable and your
present manpower will make it impossible for Barbaro Eleotric to meet its contractual deadlines,
To put things in perspective on the amourt of work Barbaro Electric has to complete to meet
the contactual milestones we offerthe following:
o Barbaro Elestric has a balance to complete value on their prime cbntract with
DeMatteis/ Darcon Joint Venture of $ 1 5,867,420 through December 15,2013 .
r Milestone #3 completion date is October 10,2014 (10 months).
r Therefore, $prbaro Electric must requisition approximately $1,600,000/month to
achieve this goal.
r The a.verage Barbaro Elcctric requisition over the last (4) four months was
$650,00O/month.
To make matters wor$e we understand you will have a contrect value with the conftol
contraotor for around 1.5 million of which the work will need to be achieved in the same time frame.
Therefore, notwithstanding the control wiring work mentioned above, at the cunent
workforce Barbaro Elechic will fall significantly short of oompleting this projeot on time on a
financial analysis basis, ln order to achieve the required goal Barbaro Elcotric cuffent workforce
would have to increase by at least 60%, As you can see we have a serious problem.
Ovor the last month DeMatteisiDarcon Joint Venture has been providing you weekly update
of work items that were scheduled to start that haven't. In Josoph Spallina's letter of Novcrnbor 25,
2013 you were advised that your continued failure to meet these scheduled date rvas impacting and
delaying the project.
We are, therefore, roquesting you provide us with a detailed writton schedule no later than
January 24,2013 showing how Barbaro Electric intonds on completing this project on schedule. We
also request that this sohedule bc accompanied by an anticipated manpowor schedule done on a
weekly basis,
DEMDJVO1076598
FILED: NEW YORK COUNTY CLERK 04/27/2021 07:12 PM INDEX NO. 652893/2016
NYSCEF DOC. NO. 287 RECEIVED NYSCEF: 04/27/2021
Barbaro Electric Co. Inc.
Joseph Barbaro
January 17,2014
Itis unfortunat€ that despite repeated request from DeMatteislDarcon Joint Venture that
Barbaro Electric increase their manpower to avoid sohedule delays no such action has taken place, If
Barbarc Elecffio does not take imrnediate steps to correot the situation outlined in this letter you will
leave us no choice but to investigate other options afforded to us under the contract. This is not our
preferred course of action, however DeMatteislDarcon Joint Venture can no longer allow your lack
of progress to jeopardize the project completion. Please be prepared to disouss schedule and
manpower in deteil at our soheduled moeting for January 23,2014 with Mr. Scott DeMatteis.
Very Truly
V
of Conshuction
ft
co: Richard/ScottDeMatteis
J. Catalanotti
J, Spallina
D. Langer
File
DEMDJVO1076599
Document Filed Date
April 27, 2021
Case Filing Date
May 31, 2016
Category
Commercial Division
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Preview
FILED: NEW YORK COUNTY CLERK 04/27/2021 07:12 PM INDEX NO. 652893/2016 NYSCEF DOC. NO. 287 RECEIVED NYSCEF: 04/27/2021 EXHIBIT 8 FILED: NEW YORK COUNTY CLERK 04/27/2021 07:12 PM INDEX NO. 652893/2016 NYSCEF DOC. NO. 287 RECEIVED NYSCEF: 04/27/2021 RE WH^II'ELflmlfi?HJff 516.285,5500 T];YENru Drrcon FAX:51 6.285.8248 lnc Janua,ry 17,2014 Mr. Joseph Barbaro Barbaro Electric Co, Inc. 144 Lodi Street Hackensaok, NJ 07601 Re: .l{ew Manhattan Community Districts I/2/5 Garage, 353 Spring Street, New York, Ny 10013 Contract No. CT I827 201 11410698 Dear Joe, For some time now we have been expressing our concetn with Barbaro Eleotric's ability to keep up with the project schedule and the amount of manpower that would be required to do so. We have repeatedly boen told by you and your staff that inoreased manpower would be coming. Since Novembet of last year there has not been any measurable increase in manpower. To make matters worse this past week your manpower has decreased as well as assigning a portion of that reduced manpower to another oontractor for control wiring. We find this to be totalty unacceptable and your present manpower will make it impossible for Barbaro Eleotric to meet its contractual deadlines, To put things in perspective on the amourt of work Barbaro Electric has to complete to meet the contactual milestones we offerthe following: o Barbaro Elestric has a balance to complete value on their prime cbntract with DeMatteis/ Darcon Joint Venture of $ 1 5,867,420 through December 15,2013 . r Milestone #3 completion date is October 10,2014 (10 months). r Therefore, $prbaro Electric must requisition approximately $1,600,000/month to achieve this goal. r The a.verage Barbaro Elcctric requisition over the last (4) four months was $650,00O/month. To make matters wor$e we understand you will have a contrect value with the conftol contraotor for around 1.5 million of which the work will need to be achieved in the same time frame. Therefore, notwithstanding the control wiring work mentioned above, at the cunent workforce Barbaro Elechic will fall significantly short of oompleting this projeot on time on a financial analysis basis, ln order to achieve the required goal Barbaro Elcotric cuffent workforce would have to increase by at least 60%, As you can see we have a serious problem. Ovor the last month DeMatteisiDarcon Joint Venture has been providing you weekly update of work items that were scheduled to start that haven't. In Josoph Spallina's letter of Novcrnbor 25, 2013 you were advised that your continued failure to meet these scheduled date rvas impacting and delaying the project. We are, therefore, roquesting you provide us with a detailed writton schedule no later than January 24,2013 showing how Barbaro Electric intonds on completing this project on schedule. We also request that this sohedule bc accompanied by an anticipated manpowor schedule done on a weekly basis, DEMDJVO1076598 FILED: NEW YORK COUNTY CLERK 04/27/2021 07:12 PM INDEX NO. 652893/2016 NYSCEF DOC. NO. 287 RECEIVED NYSCEF: 04/27/2021 Barbaro Electric Co. Inc. Joseph Barbaro January 17,2014 Itis unfortunat€ that despite repeated request from DeMatteislDarcon Joint Venture that Barbaro Electric increase their manpower to avoid sohedule delays no such action has taken place, If Barbarc Elecffio does not take imrnediate steps to correot the situation outlined in this letter you will leave us no choice but to investigate other options afforded to us under the contract. This is not our preferred course of action, however DeMatteislDarcon Joint Venture can no longer allow your lack of progress to jeopardize the project completion. Please be prepared to disouss schedule and manpower in deteil at our soheduled moeting for January 23,2014 with Mr. Scott DeMatteis. Very Truly V of Conshuction ft co: Richard/ScottDeMatteis J. Catalanotti J, Spallina D. Langer File DEMDJVO1076599