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[271]
In or about middle to late August 2016, Mr. Chiappetta was fired by Sean
Richardson. In examination-in-chief, Mr. Richardson testified that Nick had troubles and left –
“Nick had a nervous breakdown.” I reject that testimony – there were lots of examples in the trial
where Mr. Richardson indicated Mr. Chiappetta was fired and/or let go. I find Mr. Chiappetta was
fired. Mr. Richardson did not provide reasons for the firing except to say that Mr. Chiappetta was
in over his head and didn’t know his “head from his ass”.
[272]
Mr. Richardson then took over as the Ross Clair coordinator, albeit part-time due
to his other obligations on other projects.
[273]
Mr. Richardson testified that the project, when he took over, was significantly
delayed and was a “disaster”. The question then arises: what was the state of the Schedule of
Values in August of 2016 when Nick Chiappetta was fired?
[274]
The August 2016 Schedule of Values appears at Tab 218, A3519. The original
contract value had now ballooned to $946,277.43. Included in that total was $86,666.63 for “Cash
Allowances” – see A3519 and Change Orders of $182,666.10.
[275]
Martin Hannan testified that non-architecture Change Orders for extra work were
to be marked with an asterisk. Change Orders, at page A3520, totaled $158,947.34, and the Change
Orders marked with an asterisk, at page A3521, raised the Change Orders total to $182,666.10.
The asterisk Change Orders, totaling $23,718.76, when added to the Cash Allowances total of
$86,666.33, add up to a billing of $110,385.09 for extra work by August 2016.
[276]
Mr. Richardson, I find, though not a credible or reliable witness, is, nonetheless, a
very intelligent and very experienced and very capable construction expert. He surely would have
noticed this supposed unauthorized billing. And what did he do to stop this extra billing? Nothing.
At least until November to December 2016.
[277]
The billing for Cash Allowances and Caird-Hall Change Orders was allowed to
continue until Caird-Hall basically finished their work in December of 2016 – 97% completion. It
was at that time that Ross Clair stopped paying in December 2016, leaving $210,000 in Caird-Hall
bills unpaid – see Tab 35, A253 Invoices and Received Payments, and Caird-Hall v. Ross Clair
Billing Summary at Tab 224, A3559 – Final – March 2017.
[278]
At the time that Ross Clair stopped paying for November 2016, January 2017 and
March 2017 invoices, the November 2016 Schedule of Values – see A216-A221 and A3331 –
showed Cash Allowances of $141,935.42 plus Caird-Hall Change Orders, with an asterisk of an
additional $24,759.36, totaling $116,694.78 of bills for extra work. Sean Richardson testified in-
chief that he continued to pay Caird-Hall’s invoices until the final four from November 2016
onwards.
[279]
Sean Richardson testified that he looked at the Caird-Hall invoice for September
2016. Mr. Richardson testified he couldn’t recall if he looked at it in October. I infer that he would