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Please advise me immediately if this matter continues to be <br />scheduled for consideration by the Board of County Commissioners at <br />its July 18 meeting. If it is not withdrawn from the Board's <br />consideration by July 13, I will request an emergency hearing of <br />the AAA Arbitrators, and will file appropriate pleadings with Judge <br />Makemson. <br />Best regards. <br />�'ncerely, <br />Jo ep W. Lawrence, II <br />C Ings, Lawrence & Vezina, P.A. <br />JWL'gP <br />cc: � Martin Paving Company <br />James A. Cummings, Inc. <br />MART/N <br />July 10, 1995 <br />Mr. Kenneth"R. Macht <br />Chairman <br />BOARD OF COUNTY COMMISSIONERS <br />INDIAN RIVER COUNTY <br />1840 25th Street <br />Vero Beach, FL 32960 <br />RE: Request for Arbitration <br />THE MARTIN COMPANIES <br />1801 SOUTH NOVA ROAD <br />SOUTH DAYTONA, FLORIDA 32119-1733 <br />OFFICE: (904) 781-8383 <br />ROBERT D. MARTIN M LIS <br />CHAIRMAN OR THE BOARD ANDaTRI _UTInNT�,�T�' <br />�V <br />Commission <br />415 <br />itAdminiss-trajor A7 <br />�� <br />N <br />� P�lINtQi�OB�Y <br />.:. <br />!. communijyrMOM <br />' <br />cGEti- � <br />.:.I <br />.--•� <br />^� <br />n <br />C�f.�t�atice <br />Q <br />Dear Mr. Macht: .-LL : Ems- <br />offsk <br />This letter is in response to the information being pi&hemt_ ed o <br />you by Mr. O'Brien, Assistant County Attorney. <br />From our point of view, we were hired by the James A. Cummings, <br />Inc. organization to provide a-stormwater underdrain system in <br />accordance with plans and specifications which were provided to <br />us. We did the work exactly as specified in accordance with the <br />plan. The -system failed and did not function as we all had hoped <br />it would. James A. Cummings directed us to do the work a second <br />time. Our position is that the failure was caused by factors <br />beyond our control and we should be paid for the work we were <br />directed to do. <br />Our work was inspected continuously by the architect, as the <br />county's agent and by the manufacturer of the infiltrator system. <br />Comments were made by the infiltrator system inspector that the <br />installation procedure should have been video taped for use in <br />training others in the correct way to install the system. <br />When the failure occurred, the County chose to blame the failure <br />on Cummings/Martin totally and directed us to redo'the work using <br />different specifications. We felt we were being treated <br />57 <br />July 18, 1995 <br />Baal 95 mu 757 <br />