An Firm Represents Century Engineering, Inc.

1254 Words Oct 7th, 2016 6 Pages
This firm represents Century Engineering, Inc. (“Century”) in the above-referenced matter. We are extremely disappointed to learn that you do not intend to continue payments to Century as required under the Subconsultant Agreement Between HDR Engineering, Inc. and Century Engineering, Inc., dated September 25, 2015 (the “Contract”). We recognize that Walsh Granite Joint Venture (“WGJV”) has made two claims against you, and is withholding payments to set off damages resulting from those claims. We further understand that your Contract with our client provides that payment from WGJV is a condition precedent to your obligation to pay Century. We disagree, however, that the pay-if-paid provision in the Contract can be applied so as to permit you to withhold payment to Century under these circumstances. Accordingly, we write to demand that you continue to make payments as provided in the Contract. Alternatively, we demand information regarding payments you have received from WGJV, and for you to submit to non-binding mediation in accordance with the terms of our Contract, or waive such mediation. Further, we write to notify you that Century does not intend to undertake further project change orders or any additional undertakings that are not within the scope of our Contract until we receive compensation in accordance with our agreement. First, we take issue with your assertion that the condition precedent to compensation has not been satisfied. We would initially note that…
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