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3. That in addition to the base contract there was a written change order request <br />that had been in dispute but was approved by the City in the amount of $1,944.94 as a <br />part of settlement discussions between the parties. <br />4. That the contract provided for a retainage of 5 percent of the base contract <br />price, which was $4,857.00. See Exhibit No. 40. <br />5. Request No. 3 was submitted from Plaintiff to Defendant on June 18, 2001, <br />but was revised on July 3, 2001, in which the balance due after retainage and prior <br />payments was $14,581.80. See Exhibit No. 40. <br />6. Payment of the amount $14,581.80 was made by the Defendant to the Plaintiff <br />on July 12, 2001. See Exhibit No. 41. <br />7. On June 29, 2001, the Defendant submitted a punch list to the Plaintiff. See <br />Exhibit No. 22. <br />8. On July 20, 2001 the punch list items were separated out as to who had the <br />obligations to complete each task. See Exhibit No. 25. <br />9. Several of the punch list items were not completed by the Plaintiff and the <br />Defendant had continued holding the 5 percent retainage funds pending the <br />completement of the punch list items when the parties met on August 29, 2001, in an <br />attempt to resolve their differences. <br />10. On August 29, 2001, an agreement was made in which the Plaintiff agreed to <br />complete the punch list items. In consideration of the agreement to complete the punch <br />list items, the City of Little Canada (Defendant) issued them a check for $5,000 on that <br />day. See Exhibit No. 41. <br /><- 5 - <br />