arguments that she has submitted some questions find facts that were also considering so she will be part of this panel right in this trial when you are ready to take your se of a ways away from where the initial work was variac didn't do any of it they didn't do anything new or only in response to any notice was two days to get the replacement contractors the evidence there was a present it indicated their normal way i asked which was the asphalt contractor had started to do the work to finish additional project manager in an ministration and then supervision on site was six thousand six hundred twenty five dollars so wrapped for structures to replace the parking lot somebody is doing their work why are they willing to do any more work subcontractor when he gets there and finds out somebody else is doing some of his work it doesn't matter how much but the work that he was supposed to do is he still  of the documents then he is the one who made the decision that this is what the e mail says we will need to be provided with an x executed change order by the end of the day on thursday in order to be on site monday as previously discussed there is were asked to go out saying again state the location of various buildings they believe that they be paid for that they after they received the contractor  other things that had occurred in the spring and that had damage the parking lot this was for the repair that should have been done for the problems that were offered structures complained about in their counter claim rather structures refused to do this because reverence russians refused to do this they had the problems that they had they had to pay fifty thousand dollars for the reason they had to pay that is because they caused it themselves in refusing to have this work done what about this i mean i understand spring weather soils under the parking left not the installation of the escrow or the aggregate depth none of this relates none of these things are anything that was caused by mary or the engineer an architect the reason i said it is because the same day that he sent this e mail saying we're going to recess have somebody else do it he call norwest and he said we lost our mean when he got there three days later somebody was doing that work but how does he know they showed up or that he couldn't do any work he didn't know that he couldn't do any work when he didn't know that you'd already been terminated with regard to this work or that e mail on october twenty first he got there soon as he could and the reason i say that is because this wasn't the only john they had they had a number of jobs that they were working on they'd pulled off it was just and they came to this one show no yeah they terminated or not they came because there had been a demand made that they do the work if they wanted to get the job done they believe the they still were going to be able to go forward with their contract in some fashion if they hadn't shown up if they hadn't done anything there certainly would be some complaint but instead they came in and they did they were ready to go as soon as they could is there any evidence that mar now mr mr shriver says that he recalls your client you president saying i should have myself did he show himself or did with his equipment already they are from a previous honor first of all there was work that had been done and there was a whole book in this whole batch it had been there for many months the amount of the whole bit is the difference between the amount paid in the amount thousand seven hundred fifty two forty seven but if you use the judge you listen to what was actually proven as opposed to the twenty thousand us of change that he used for his or about that  entirely and then finally there's the issue of attorney's fees and that is a matter of first impression it's a matter of principle and not precedent and i would ask the court to seriously had not been a mechanic's lien involved here you wouldn't probably be making this argument grant that's correct so you're basing it not on the contract but on the mechanics think was done and paid for and there was no other complaints made after there after the contractor did the work for a change ordered three units for the last time this far as i know that they were on  couldn't you client at any time during those two months and terminated their contract with someone else but yes ma'am but it's very expensive to come in and then have to hire other people it's time show the court sixty thousand dollars worth of damages they were trying to get money for change over to which is suggested it was not twenty seven thousand dollars it was the maximum