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- Page 15 <br /> . <br /> Johnson stated the city should consider the weather that was <br /> encountered during the surnmer. <br /> Malkerson stated that the contractor had an opportunity to <br /> request an extension of the deadline prior to his signing the <br /> contract in June of 1979 , and that he did not do so. He stated <br /> that throughout the entire summer, and even into the fall of <br /> 1979, there had been no request for any extension. The only <br /> request for extension came on November 28 , 1979 , 13 days after <br /> the completion date had been past by the contractor. At that <br /> time the contractor was already in default without any prior <br /> request for an extension. <br /> Johnson stated that weather had been troublesome for them <br /> especially in the fall. Benson stated that the contractor <br /> pulled his subcontractor and his own men and machinery off of <br /> the project in August when there was still good weather and the <br /> project could have been completed. <br /> Malkerson stated that it was obviously a business decision by <br /> the contractor to pull the subcontractor and his own equipment <br /> and men to work on other projects instead of completing ours for <br /> the city in a timely manner. • <br /> Johnson, stated that the delay in letting the contract caused <br /> some problems with Ernie Robash, who was the grading subcontractor. <br /> When they pulled off the subcontractor and the contractor' s men <br /> and equipment to do other work, they anticipated then having good <br /> weather later. That good weather did not come. He stated there <br /> was also a problem with the Elk River Concrete Company. He <br /> admitted it was debatable as to how the problems there could <br /> have affected the time period for completion. Johnson stated, <br /> "I don't say these things as excuses for our failure, but the <br /> weather and the concrete problem did hnrt us. " <br /> Malkerson then asked the contractor where else he was doing work <br /> that summer. McCalpine stated that they had contracts in Long <br /> Lake, Maple Plain, Mound, Isanti County and elsewhere. <br /> Benson stated that the c,ontractor had made his own business <br /> decision to pull out of the city' s project to work in other <br /> cities. Malkerson reiterated that this is a business decision <br /> made by the contractor and that he cannot now expect the city to <br /> not demand payment of liquidated damages as is provided for <br /> clearly in the contract. <br /> McCalpine stated that they had already bid on three or four jobs <br /> prior to the letting of the contract to his company by the city, <br /> and that they had already been awarded two bids in May. <br /> -3- <br />