EXHIBIT 4 to the Affirmation of Laurel J. Eveleigh
SUPREME COURT STATE OF NEW YORK COUNTY OF ONONDAGA INTEGRATED CONSTRUCTION & POWER SYSTEMS, INC., PLAINTIFF'S FIRST SET Plaintiff, OF INTERROGATORIES TO DEFENDANT -against- RADHA KRISHNA CORP., Index No,: 2016EF4718 Defendant. PLEASE TAKE NOTICE that pursuant to Article 31 of the CPLR, Plaintiff Integrated Construction & Power Systems, Inc., (ICPS) hereby demands that Defendant furnish to the undersigned within twenty (20) days after the service of this demand, answers under oath to the following Interrogatories. DEFINITION AND INSTRUCTIONS A. As used herein, "Project" shall be deemed to refer to the Econo Lodge Renovation - Quality Inn & Suites, located at 454 James Street, Syracuse, New York 13203, which is the subject of this action. B. Where documents are requested in connection with the response to an interrogatory, the request seeks all documents which are in your possession, or are in the custody, control or possession of your representatives, agents, consultants or investigators, and all other persons acting on your behalf, including your counsel and its employees, representatives, agents, investigators or consultants. C. If any request cannot be answered fully, answer it to the fullest extent possible, identifying the unanswered portion and setting forth the reason(s) for the incompletchess of your response. As to the unanswered portion, provide whatever information you have upon information and belief.
D. This request is enntimúng and the reaponses must be modified or supplemented from time to time if you, your representatives, employees, agents or counsel obtain additional information or documents at a later date. All requests below indude any documents generated in the future continuing through the completion of the trial in this action. INTERROGATORIES 1. Defendant denied paragraph 9 of plaintiff's complaint, which alleged that defendant had failed to provide ICPS with a written statement within twelve days describing the items in ICPS's June 8, 2016 payment application that were not approved. a. Does Radha Krishna claim that it provided such a statement? b. If so, when was the statement transmitted to ICPS? c. Who prepared the statement? d. To whom was the statement directed? e. How was the statement transmitted? Provide a copy of any such statement. If Radha Krishna does not claim that it provided such a statement, explain the basis for its denial of paragraph 19 of the complaint in its verified answer 2. Defendant denied paragraph 42 of the complaint, which alleged thatradha Krishna failed to object to Payment Application No. 14 within a reasonable amount of time. a. Does Radha Krishna claim that it objected to Payment Application No. 14? b. If so, when were Radha Krishna's objectinna communicated to ICPS? Page 2 of 10
.. c. What were the objections Radha Krishna com=micated to ICPS about Payment Application No. 14? d. Who communicated the objections to ICPS? e. To whom were the objections directed? f. How were the objections commele±a or transmitted? Provide a copy of any written evidence that these objections were communicated to ICPS. If Radha Krishna does not claim that it communicated objections to Payment Application No. 14 to ICPS, explain the basis for its denial of paragraph 42 of the complaint in its verified answer. 3. Defendant denied paragraph 46 of the verified complaint, which alleged that Radha Krishna accepted the work, labor, services and materials provided by ICPS. a. Does Radha Krishna claim that it refused or rejected the work, labor, services and materials provided by ICPS? b. If so, when was the work, labor, services and materials provided by ICPS refused or rejected? e. What were the reasons for Radha Krishna's refusal or rejection of ICPS's work, labor, services or materials? d. To whom did Radha Krishna enmrmmhate its refusal or rejection of ICPS's work, labor, services or materials? e. How was Radha Krishna's rejection or refusal of ICPS's work, labor, services or materials communicated to ICPS? Page 3 of 10
f. If multiple items of work, labor, services or materials were refused or rejected or if work, labor, services or materials were refused or rejected on more than one ocòasion, list each item of work, labor, services or materials and the date upon which it was refused or rejected, the reasons for such refusal or rejection, the person to whom the refusal or rejection was com-m1micated and means by which such refusal or rejection was communicated. Provide a copy of any documents evidencing that Radha Krishna refused or rejected the work, labor, services and materials provided by ICPS. If Radha Krishna does not claim that it refused or rejected the work, labor, services and materials provided by ICPS, explain the basis for Radha Krishna's denial of paragraph 46 of the verified complaint. 4. When did plaintiff and defendant "agreeo upon a date for the completion of the project" as alleged in paragraph 10 of Radha Krishna's verified answer? a. Provide the specific date agreed upon by Radha Krishna and ICPS. b. Was this agreement in writing? c. Provide a copy of any documents evidencing this agreement or reciting the "agreed upon date for the completion of the project." 5. Radha Krishna alleges in paragraph 11 of its veriñed answer that ICPS "failed to provide an adequate number of men to complete the project by the agreed-upon date." a. List the dates on which ICPS failed to provide an adequate number of workers, Page 4 of 10
b. For each date on which ICPS is alleged to have failed to provide an adequate number of workers, identify the specific trades in which the number of workers was lacking. c. For each date upon which ICPS is alleged to have failed to provide an adequate number of workers, describe the basis for Radha Krishna's determination that the number of workers provided for each individual trade was inadequate. d. Provide any doc=ts Radha Krishna relied upon in making the determinations that ICPS failed to provide an adequate number of workers on any given date. 6. Who acted as project manager for the trades that Radha Krishna engaged directly (e.g., plumbing contractor, tile installer, demolition coñtractor, exterior finish contractor (EIFS), stone work contractor, site work contractor, millwork contractor, interior door contractor, engineer)? a. What qualifications does this person have to act as project manager? b. How long has the project manager been involved in the construction industry? c. When was the first time the project manager acted as project manager for a construction project? d. When was the first time the project manager acted as project manager for a hotel project? e. For how many hotel projects has the project manager served as project manager? f. List the project manager's experience as a project manager over the past ten years, identifying the project by name and location. Page5 of 10
g. Provide a copy of the project manager's curriculum vitae or resume. h. Did the project manager prepare or keep daily reports or a diary of activity on the project on a daily basis? If so provide copies of any such daily reports or diaries? 7. Identify with specificity the ways in which the plaintiff failed to complete the project as alleged in paragraph 12 of the verified answer. 8. Identify all other parties in interest who were not made a party to this litigation or named under the mechanics lien associated with this project as asserted in paragraph 17 of the verified answer. 9, Identify all "outside help" used to convert the Econo Lodge to a Quality Inn & Suites by Choice Hotels, as alleged in paragraph 30 of the verified answer. For each instance of using "outside help," provide: a. the name of the firm or person providing "outside help"; b. the dates on which the "outside help" worked at the Project; c. the trade associated with the "outside help"; d. the scope of work for which the "outside help" was hired; and e. the rates paid for each person Radha Krishna characterizes "outside help." Provide any documents evidencing or supporting Radha Krishna's claim that it engaged "outside help" to convert the Econo Lodge to a Quality Inn & Suites as alleged in paragraph 30 of the verified answer, 10. Itemize the "substantial monomic damages" referred to in paragraph 31 of the verified answer. Provide receipts or other evideñce showing what payments constituting damages Page 6 of 10
were made, to whom they were made, the date upon which the payments were made and what each payment was for. 11. Identify which rooms Radha Krishna was unable to rent as alleged in paragraph 32 of the verified answer. For each room alleged to be out of service identifya. the dates on which it could not be rented; b. the increased room rate Radha Krishna contends it would have received for the room; c. the basis upon which Radha Krishna arrived at the increased room rate; and d. the room rate Radha Krishna actually did receive for the room. For each date that any particular room was out of service, state the specific reason why the room was out of service and could not be rented. 12. Provide a complete accounting of Radha Krishna's claim for $414,495.96 in economic damages. Provide every bill, invoice, timesheet, trade paid, receipt, cancelled check or other evidence of payment associated with these alleged damages. For each such bill, invoice, timesheet, trade paid, receipt, cancelled check or other evidence of payment, specify the date and time the work was performed or materinis provided. In the case of alleged lost rcycñüe, to the extent not already provided in response to interrogatory number 12, above, provide any and all documentation supporting or tending to support defendant's claim. 13. Specify the dates on which plaintiff and defendant had discussions about the plaintiff s failure to compete the work in a timely fashion, as alleged in paragraph 41 of the verified answer, identify who the pardes to the discussions were, the topic of the discussicas and any action Page 7 of 10
items, deadlines or other conclusions that came from the discussions. Provide any documentation of these discussions. 14. Provide a copy of any punch list(s) referred to in paragraph 36 of the verified answer. a. Identify the date the punch list(s) was compl 1 and any previous or subsequent punch lists. b. Specify who created the punch list(s), c. Explain how the punch list(s) was created and who had input into the creation of it (them). d. To whom they were the punch list(s) transmitted? e. What items on the punch list(s) were completed? f. What items on the punch list(s) were not completed? g. Describe the procedure was for getting a punch list item inspected, who inspected progress on the punch list items and who made the determination when a punch list item was completed. Provide copies of all documents related to the punch list creation process, the punch list(s) and punch list completion process. 15. Identify who provided the estimated cost to complete the project as alleged in - paragraph 38 of the verified answer. Provide any docurser.tation relating to that estimate, how it was arrived at, itemizations, es1culsdons and the items included in the completion of the Project as embodied in that estimate. Page 8 of 10
16. Provide the date on which plaintiff agreed to pay liquidated damages in the amount of $20,000, as alleged in paragraph 42 of the verified answer. Describe, with specificity, the circumstances leading up to and culminating in this agreement. Identify the parties to this agreement and the date on which it was made. Provide any documeñtetion memorializing or otherwise evidencing this agreement. 17. List all work items added to the scope of work contained in the AIA Contract attaciled to this demand as Exhibit A, identify when the work items were added, when they were to be completed, the increased cost associated with each item and the state of completion as of August 4, 2016 (the date ICPS left the job site). 18. Produce any and all progress photographs taken of ICPS's work on the project. For each such photograph, identify the item (or itenis) of work depicted, who took the photograph and the date and time on which the photograph was taken. 19. Produce any and all photographs of work performed on the project by entities other than ICPS. For each such photograph, identify the item (or items) of work depicted, who performed the work, who took the photograph and the date on which the photograph was taken. 20. Identify all Radha Krishna employees, agents, officers or consü1tants who were witness to any events related to this litigation. For each such person, provide his or her name, employer, position, work and home address. 21. Provide the date and time of any inspections or walk throughs conducted by Radha Krishna. Identify who conducted the inspection and who from ICPS was present. Produce any documents evidencing the inspection. Page 9 of 10
22. Identify the requirements for the Econo Lodge - Quality Inn conversion. What specific upgrades and/or changes were required? Specify how and on what dates ICPS interfered with or prevented the conversion from the Econo Lodge to the Quality Inn & Suites by Choice Hotels. 23. What inspections by Quality Inn & Suites by Choice Hotels were required during the Project? When were such inspections conducted? Who conducted these irspections? Produce any documents relating to the inspection of the Project by Quality Inn & Suites by Choice Hotels or its employees, officers, agents or con ltants. Dated: August 30, 2017 ALARIO & FISCHER, P.C. By: Laurel J. Eveleigh, sq. Attorneys for Plaintiff Office & P.O. Address: 5 Adler Drive, Suite 4 East Syracuse, New York 13057-1262 Telephone: (315) 472-6676 TO: Frances E. Hunt, Jr., Esq. Law Opice of Frances E. Hunt, Jr., PLLC Attorneys for Defendants OfHee and P.O. Address: 250 Harrison Street, Suite 503 Syracuse, New York 13202 Telephone: (315) 471-4629 Page 10 of 10