earlier partnering agreement so called for the audit and the artist which occurred two and a half years before the final written contract now the dean all talked about no fiscal impact on the the judge over my repeated objections from day one allowed this to be trained tried like a like a fraud case allowing a plethora of evidence concerning understanding's discussions about this financing condition  nor was honeywell in the business of providing the financing nor did anyone testify that they understood honeywell was in fact going to provide the financing and that was the agreement nor did anyone ask for a condition preceding to be put in the contract complete financing over ten fifteen years after completion of the engineering analysis honeywell stated in this agreement that it should develop for contract the following  contract meet the financial criteria meet the financial crisis your then the housing authority will enter into arrangement with honeywell it was clear from all documentation from all agreeing with entered into th financing was an end to prove part of what was to happen here and why because this agency stand alone afford to pay these monies out and rest there was a financing agreement  highlighting that two months before this remit was struck this housing authority was taken over by her because of financial problems no one was under any illusion here that this housing authority had the millions of dollars available to it to pay the monies the honeywell is now talking about that was clear highlighting that the clarity of that point becomes the documents leading up to the execution of the of the important because he is the only person who was authorised to go forward with the deal and so what we're looking at is his understanding as to what this deal is supposed to be who's president there are individuals from honeywell who are sitting here while this represent while this presentation is being made what is stated in the the authority will not pay any money to honeywell to do these installations what else are those savings will generate the funds that will then be used to repay honeywell for their existence of those phones so essentially they honeywell i do when financing arrangement they will act as a contractor or and install energy efficient lighting and then there is an acknowledgement that the honeywell representatives were present at the time that this took place then what happens after that the do you know which is the one document that needed to be executed by order a directive of this proceeding it states the chief operating officer is authorized for war a contract for senate work to honeywell with no this will impact to the san francisco housing authority that was the extent of the authority that was given and that authority was given with a clear understanding one the agency couldn't afford this deal in any other way and number two financing mutual municipal least something was necessary in order for this deal to go forward and honeywell can afford to say that it was unaware that there was a second meeting which took place there after one honeywell person came forward made a presentation and at no point state information given to you undersecretary just at the last meeting was a wrong is a wrong that never took place you know just secretary produce forward with the understanding and with the representations highlighting received anything that has been value if you look at the documentation here honeywell says it important for these benefits to be achieved this service and point for an additional fee highly well would perform that service well that's what honeywell wants to have my client pay for lighting fixtures which cannot be replaced the dish sitting idle or which have been torn out and replaced with other lighting fixtures that's what my client paid for but let's go back again ahead go forward or not go forward she states is the funding in place are still in progress then what is she right and we might as well start this off on the right foot i appreciate your and she was going to her supervisors to try and get some feedback on whether or not they should go forward and what is it that her supervisors do knowing full well the financing was required they say go ahead and do the work now what's of all of that the agreement that they want us to embrace as that someone is to depart it over a million dollars before the work is done so one has to deposit another million dollars thirty days after that someone has to deposit another million dollars thirty days after that no one is depositing these million dollars it's honeywell knows no one is deposit in these million dollars honeywell's own internal documents say that they know it and that they should be leery of going forward yet they do it anyway if you up hold a contract like that then you're essentially saying that companies like honeywell can force contracts or punt government that these and the people wind up putting the feel for that that would be the unfairness of everything if that became the rule honeywell can't create the environment that it created and then having created that environment fake advantage of it and that's what this case was all provided only the recovery that the district court ordered there's to say there's not much money coming are you guys going toward anyone that's correct your either way the district court rule and we do t you receive from the work that honeywell unquestionably did perform and as i see really what happened here in the district judge awards to honeywell only fifteen percent only fifty percent of the savings coming out of but here the question right why is that fear as opposed to awarding something else to honeywell something  a couple of things that only happened one honeywell the housing authority and the regulators were only required to pay fifty percent towards the contractor that's number one i roughly nine hundred thousand dollars worth of savings and what they're essentially saying is that claim has to be based upon the statute clearly it cannot be based upon the regulation only because if that were the case we would be tampering with the separation of powers between  and we would be given the executive branch which controls these agencies the opportunity to create rights by enacting and promulgating regulations that's clearly not contemplated here that's why we have to first look to the statute and there is absolutely nothing in the statute itself which creates a right that protects contractors in fact contractors aren't even mentioned in the statute and having fact i direct the court to pages seventy six the direct the court for the king and in cases where there is a citation to the supreme court hundred eighty three what happens to attorneys fees understand the one hundred eighty three attorney fees go away what otherwise happens to attorneys f housing authority year after year after year that this contract was valid and existing and that up until the time of trial for three years and nine years left to go so far we know they're still doing this every year certifying this contract exist it is being argued guarantee for seven hundred thousand dollars a year which in turn the housing authority could bank but honeywell couldn't force the housing authority to go get the financing if they didn't want to the issue here before this court it was a law that the understanding that would get financing becomes a condition for or as counsel has has argued so effectively a representation but we know it can't be a representation because it's well settled that when you sign a document it clearly says the reverse of what you