On November 09, 2023 a
EXHIBIT(S) - AA (Motion #1) - Level 5 letter to Sureties
was filed
involving a dispute between
Level 5 Construction, Inc.,
and
Berkshire Hathaway Specialty Insurance Company,
E.C.C.O Iii Enterprises, Inc.,
Federal Insurance Company,
Liberty Mutual Insurance Company,
Skanska Ecco Iii 2 Jv,
Skanska Usa Civil Northeast Inc.,
The Continental Insurance Company,
Zurich American Insurance Company,
for Commercial Division
in the District Court of Westchester County.
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FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 12/22/2023
EXHIBIT AA
FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 12/22/2023
Tooo & LEVI, LLP
444 MADISON AVENUE
SUITE 120!
NEW YORK NEW Yoqx 100e!2
www.toddlevi.com
JOHN F TCX)D TELEF Ha NE 121a 30 8 - 7400
JILL LEVI
DAVID B. ROSENBERG FACSIMILE 1212) 308-8450
E MAIL: toddandlevi@toddlevi.com
NOT FOR SERVICE OF LITIGATION PAPERS
August 31, 2023
BY EMAIL
Zurich American Insurance Company
1299 Zurich Way
Schaumburg, IL 60196-1056
Attention Donald Spratt:
Re: Bond No(s) 9299553 ("Zurich"); 012207824/015203867
("Liberty"); 82464330 ("Federal") 30026149
("Continental"); 47-SUR-300013-01-0173 ("BHSI")
(the "Bonds")
Principal: Skanska ECCO III 2JV ("Skanska Ecco")
Obligee: 'Metro-North Commuter Railroad Company
Project: Croton-Harmon Yards, Contract No. 81933
(the "Project)
Claimant: Level 5 Construction, Inc. ("Level 5")
Amount: $2, 348,828.00
Dear Mr. Spratt:
We are the attorneys for Level 5 in connection with the above referenced matter.
Level 5 was a subcontractor to Skanska Ecco and provided drywall and carpentry work
and drywall and carpentry materials and related equipment and supplies for the Project.
We are in receipt of your letter dated July 14, 2023 in which you have requested
certain documentation related to the claim we asserted for Level 5. Given the volume of
documents, we have created a drop box link containing the documentation and we have
separately provided to you in pdf format a proof of claim form.
FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 12/22/2023
TODD & LEVI, LLP
August 31, 2023
Page-2-
Finally, be advised that the parties have agreed to mediate the claim and we hope
that the mediation will occur within the next few weeks. Notwithstanding the mediation,
we intend to press ahead with Level 5's claim under the Bonds.
Of course, if you require any further documentation or have any questions, please
feel free to contact me.
The foregoing is without prejudice to all of the rights and remedies of Level 5,
including but not limited to the right to amend this claim, all of which rights and
remedies and daims are hereby expressly reserved.
We 100k forward to hearing back from you as soon as possible.
ly yours
Document Filed Date
December 22, 2023
Case Filing Date
November 09, 2023
Category
Commercial Division
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FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 12/22/2023 EXHIBIT AA FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 12/22/2023 Tooo & LEVI, LLP 444 MADISON AVENUE SUITE 120! NEW YORK NEW Yoqx 100e!2 www.toddlevi.com JOHN F TCX)D TELEF Ha NE 121a 30 8 - 7400 JILL LEVI DAVID B. ROSENBERG FACSIMILE 1212) 308-8450 E MAIL: toddandlevi@toddlevi.com NOT FOR SERVICE OF LITIGATION PAPERS August 31, 2023 BY EMAIL Zurich American Insurance Company 1299 Zurich Way Schaumburg, IL 60196-1056 Attention Donald Spratt: Re: Bond No(s) 9299553 ("Zurich"); 012207824/015203867 ("Liberty"); 82464330 ("Federal") 30026149 ("Continental"); 47-SUR-300013-01-0173 ("BHSI") (the "Bonds") Principal: Skanska ECCO III 2JV ("Skanska Ecco") Obligee: 'Metro-North Commuter Railroad Company Project: Croton-Harmon Yards, Contract No. 81933 (the "Project) Claimant: Level 5 Construction, Inc. ("Level 5") Amount: $2, 348,828.00 Dear Mr. Spratt: We are the attorneys for Level 5 in connection with the above referenced matter. Level 5 was a subcontractor to Skanska Ecco and provided drywall and carpentry work and drywall and carpentry materials and related equipment and supplies for the Project. We are in receipt of your letter dated July 14, 2023 in which you have requested certain documentation related to the claim we asserted for Level 5. Given the volume of documents, we have created a drop box link containing the documentation and we have separately provided to you in pdf format a proof of claim form. FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 12/22/2023 TODD & LEVI, LLP August 31, 2023 Page-2- Finally, be advised that the parties have agreed to mediate the claim and we hope that the mediation will occur within the next few weeks. Notwithstanding the mediation, we intend to press ahead with Level 5's claim under the Bonds. Of course, if you require any further documentation or have any questions, please feel free to contact me. The foregoing is without prejudice to all of the rights and remedies of Level 5, including but not limited to the right to amend this claim, all of which rights and remedies and daims are hereby expressly reserved. We 100k forward to hearing back from you as soon as possible. ly yours