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M. Claims & Litigation History City of Sunny Isles Beach | Request for Qualifications No. 15-08-02 September 23, 2015 Page 54 Within the past five years, Hensel Phelps has been involved in the following significant litigation matters related to Hensel Phelps’ project work. We do not have any criminal claims. Response Hensel Phelps is or within the past five years has been involved in the following significant litigation matters related to Hensel Phelps’ project work. Hensel Phelps v. Royal American Services, Inc. and Arrowall Company Cause No. 2014-00593 This action was filed in Harris County, Texas, by Hensel Phelps against Royal American and Arrowall Co. HP alleges that Royal American performed defective work on the installation of the roof and flashing components for The Methodist Hospital Outpatient Care Center. Hensel Phelps corrected the defective work for the project owner and filed suit to recover the costs incurred. The matter was tried before the court in September 2015 and a defense judgment was entered. Stephens Pipe and Steel v. NEU Security Services, LLC, Hensel Phelps, Travelers Casualty and Surety Co. & Liberty Mutual, Case No. 15-cv- 61160 This action was filed in the District Court for the Southern District of Florida in June 2015. This Miller Act claim filed by a 2nd tier subcontractor seeks to recover funds that alledgedly were not paid to a supplier for construction materials supplied on an HP project. Stephens alledges that the first tier subcontractor, NEU Security, received fencing materials from Stephens, but failed to pay for them. Stephens now seeks relief under the HP payment bond. NEU Security has agreed to defend and indemnify HP and its surety in this action. Hensel Phelps v. Liberty Mutual Case No. 01-15- 0003-2594 This arbitration matter was filed by Hensel Phelps against Liberty Mutual Insurance Company, as surety for Riggs Contracting, to recover costs incurred by Hensel Phelps due to Riggs default and abandonment of its subcontract work on the Tinker AFB Project in Oklahoma City, Oklahoma. Hensel Phelps completed Riggs work and filed suit to recover the costs incurred when the surety refused the reimburse Hensel Phelps for these costs. The matter is currently in the early stages of discovery. Hensel Phelps v. Hanover, Case No. 37-2015-00002007-BU-BC This action was filed in December 2014 in San Diego Superior Court by Hensel Phelps against Hanover Insurance Company to enforce the payment terms of a Settlement Agreement entered into between the parties under which Hanover, as surety for MIS Co., agreed to pay Hensel Phelps costs incurred by Hensel Phelps due to MIS’ default and abandonment of its subcontract work on the San Diego Courthouse Project. The matter was dismissed when Hanover satisfied its payment obligation and paid Hensel Phelps costs and fees. The Dallas/Fort Worth International Airport v. Hensel Phelps, Case No. DC-15-04833 This action was filed in April 2015 in the District Court in Dallas County, Texas. DFW alleges that paving work performed by a Hensel Phelps subcontractor on the DFW MSF project is not draining properly and reqiures rework. The project was completed in approximately 2002. The matter is in the early stages of discovery and investigation with the Owner Controlled Insurance Program carrier taking the lead on behalf of all insureds. The Dallas/Fort Worth International Airport v. Hensel Phelps and KBR, Case No. DC-15-04400 This action was filed in April 2015 in the District Court in Dallas County, Texas. DFW alleges that either design or construction defects are causing issues with concrete columns on the DFW Guideway project completed in approximately 2002. The matter is in the early stages of discovery and investigation with the Owner Controlled Insurance Program carrier taking the lead on behalf of all insureds. Godart & Co. d/b/a Godart Florida Real Estate Investments v. Hensel Phelps Construction Co. and Ronald Rodriguez, Case No. CACE15004073 This action was filed in March 2015 in the Seventeenth Judicial Circuit in and for Broward County, Florida. Godart alledges a breach of an oral agreement to split commissions derived from any construction deals between Hensel Phelps and a member of the Qatari Royal Family. Godart also alledges civil conspiracy arising from the efforts to deprive Godart of payment for his services. HP never entered into any contract in Qatar, which is a necessary prerequisite to Godart receiving any commission, and will defend on that basis. DBM Inc. v. Travelers and KiewitPhelps a Joint Venture, Case No. 8:15-CV-0048-TAT This action was filed in February 2015 in the District Court of Nebraska. DBM filed a claim under the Miller Act alleging that it provided labor and materials as a second-tier subcontractor on the US Stratcom project and has not been paid for a portion of its work. DBM is seeking damages in the amount of $ 2,057,818 plus all interest, costs, and fees recoverable in accordance with the Miller Act. Tri County Elec., Inc. v. Hensel Phelps, et. al., Case No. 14-C-914 This case was filed in state court in Monongalia, West Virginia, in December 2014, regarding the construction and renovation of the Federal Correctional Institution at Hazelton. Tri County has sued Hensel Phelps and every tier between them alleging non-payment for services and materials provided in addition to the sureties for every company. Hensel Phelps believes the claim is without merit and will defend it aggressively.