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_I JUN 13 1989 800 77 PA.0 6 to go in and try to fix the problem. If we don't let him at least try and we force the litigation part of it, Commissioner Bird believed we are going to be involved with at least two bonding companies, a general contractor, at least two sub -contractors, and who knows who else. Chairman Wheeler asked if Attorney Vitunac is comfortable with our position in going to court and recovering our money from the bonding companies. Attorney Vitunac confirmed that we have followed the contract remedies precisely; he was comfortable that we have done what we had to do and that is what Frizzell is here to acknowledge, but it will be very involved. He could not guaranty we would win in court, but he hoped we would and he thought we would. Commissioner Bird stressed that he wants to be comfortable that we avoid doing anything that would void our warranty or lessen our chances for our day in court. Chairman Wheeler believed that Attorney Vitunac is telling us that whatever we do, it won't lessen our chances. However, he did not know that opening this up for discussion with Mr. Schopke or ECSI or whoever would be to our advantage. Commissioner Bird noted that if he can get it to work and the system starts functioning properly, that is greatly to our advantage. Commissioner Scurlock wondered if anyone has explored the possibility of this group posting a cash bond to be allowed back on the job and then forfeiting if the work is not satisfactory. Director Dean informed the Board that we gave them that opportunity, and they did not respond. Debate continued, and Commissioner Scurlock asked Mr. Schopke if they will respond to posting a cash bond. Mr. Schopke stated that he would have to see his sub- contractor Norman K. Dean because he is looking to their bonding company to foot all costs if this doesn't work. He pointed out that this man is here now and has one of the panels completed; we 68