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Page 15 <br /> �UL':)c!T1� t:?11:� ,�..Ci�!�OD?'1C}l� <br /> ?�;aufrnan E� Dot,y, Ltd. <br /> Cit,y of OrDno <br /> �u�ust 1 , 1980 <br /> F�ge Tlao <br /> and common sense as obviously, such work�cannot proceed through the winter, <br /> nor did the engineer direct that work should proceed through the winter. <br /> In addit,ion, the City oS Orono and the City �ineer recobnized this and <br /> requested Buf�'alo Bituminous to do any necessary winter r�ainienance, which <br /> was done. <br /> 6. The City caused right-of-way problems in not having some easer�ents ready <br /> ti,hen necessary. Ar�ong other things, in the sp'ring of 1980 some of the <br /> ease::�eni,s were not ready ar�i Buffalo Bituminous had to pull off the job <br /> until they were procured. �gain, obviously they could not have wor'r.ed <br /> on �.hese items during the v:inter for the above reasons, plus lack of <br /> easenent reasons. <br /> 7. The City of Orono suffered no loss o#' use. The project, with adequate <br /> suriace, was ava�lable for use by the City of Orono and was used by the <br /> City of Orono i'or the en�ire winter of 1979 and 1980. <br /> 8. �tra items had been ordered by the City, which not only delayed ultirrat,e <br /> corrroletion, but the City has given no consideration to these of either.- <br /> time and corrr�ensa�ion. <br /> The above is a partial list of the reasons Buffalo Bituminous feels the City of <br /> Orono is not en�itled to penalties in the above rratter. A detailed exar,iination <br /> of all of the facts, particularly as depositions, may be t.aken later and will <br /> disclose more of the details. <br /> I remain - � <br /> Very truly yours, <br /> JOHNSON', JOHN & DOUGLAS <br /> .� -- . <br /> �; , � <br /> , • � / // ��'L'� <br /> �� c . � _ <br /> Walter �Johrison <br /> // <br /> jaSJ�ps <br /> cc: Glenn Cook, City �gineer <br />