Exhibit A

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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

DECKER CONSTRUCTION CO.,

Plaintiff,

vs.

WESEX CORPORATION, et al.,

 Defendants,

 vs. 

GREGORY KOLEDIN, et al.,

Third Party Defendants.

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CASE NO. 2:18-cv-00727

JUDGE ALGENON L. MARBLEY

MAGISTRATE JUDGE ELIZABETH P. 

DEAVERS

AFFIDAVIT OF DAVID LAVERDE 

STATE OF NEW JERSEY )

) ss:

COUNTY OF MERCER )

I, David Laverde, being duly sworn, state as follows:

1. I have been employed at CCL Label Inc. (“CCL”) for 11 years, and I currently hold 

the title of Manager of Design and Construction Worldwide. 

2. I have personal knowledge of the facts set forth in this affidavit.

3. I have reviewed Mark Schrader’s affidavit submitted in support of his motion to 

dismiss and find his statements regarding his involvement with this Project and his contacts in the 

State of Ohio relating to this Project as inaccurate and false.

4. I have held my current title at all times relevant to this affidavit. 

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5. As the Manager of Design and Construction Worldwide for CCL, my duties include 

my duties include designing facilities and overseeing the work performed in all types of 

construction projects throughout the world as well as maintaining the Project schedule.

6. On or around December 15, 2015, CCL entered into the Design-Builder Agreement 

with Wesex Corp. (“Wesex”) for the new construction of CCL’s New Production and Office 

Facility (“Project”) on real property owned by CCL and located New Albany, Ohio 44333. 

7. CCL was already operating in Ohio at the time of the Project with offices in 

Strongsville, Ohio and Hamilton, Ohio. The Project was to be CCL’s third office location in Ohio. 

8. I was involved with the Project from the very beginning. Once construction 

commenced, I was responsible for overseeing the work performed as well as maintaining the 

Project schedule. I was also responsible for approving all pay applications submitted by Wesex.

9. I first met Mark Schrader when he traveled to the State of Ohio to attend a kick-off 

meeting on the Project. The meeting was held at the Courtyard Marriott in New Albany, Ohio. 

10. After the kick-off meeting, I am aware of at least one additional Project meeting 

that Mark Schrader attended at the Courtyard Marriott in New Albany, Ohio.

11. In addition to the in-person meetings with Mark Schrader that took place in Ohio, 

I dealt extensively with Mark Schrader throughout the Project. 

12. For instance, Mark Schrader regularly called me in Ohio to discuss pay applications 

and the status of certain pay applications. 

13. Indeed, Mark Schrader submitted Wesex’s pay applications to Doug Ulbrich and 

myself in Ohio for approval. If there were any problems with pay application submissions, then I 

would inform Mark Schrader and he would attempt to rectify those issues. Conversely, if the pay 

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applications were supported and appeared accurate, then I would authorize Debbie O’Toole to 

release payment to Wesex. 

14. Thus, while Mark Schrader did submit the pay applications to Debbie O’Toole, he

also submitted those same pay applications to Doug Ulbrich and myself in Ohio. And it was at

the Project site in Ohio where Wesex’s pay applications and the false affidavits submitted by Mark 

Schrader were reviewed and approved for payment. 

15. CCL relied on Mark Schrader’s false affidavits in approving payment to Wesex and 

deciding to continue to have Wesex work on the Project. Again, Mark Schrader submitted those 

false affidavits to CCL personnel, including myself, at the Project site in Ohio to obtain payment 

approval. 

16. From February 2, 2016 through September 6, 2017, Mark Schrader sent over 17 

separately numbered pay applications to CCL, including Doug Ulbrich and myself, in Ohio to be 

approved for payment. Each of those pay applications contained a false affidavit personally signed 

and sworn to by Mark Schrader indicating that all Wesex’s subcontractors were being paid. 

17. I later discovered that Mark Schrader’s affidavits were actually false, and Wesex 

had in fact not been paying its subcontractors with the money CCL had been paying Wesex through 

its pay applications. Indeed, over a dozen subcontractors began coming to CCL claiming Wesex 

had not paid them for work they performed on the Project. Pursuant to the pay applications 

submitted to and paid by CCL, CCL had paid Wesex for the work for which these subcontractors 

were claiming to have not been paid. 

18. The subcontractors’ claims ran contrary to the dozens of affidavits that Mark 

Schrader submitted stating that all of Wesex’s subcontractors were paid in full as of the date of 

each pay application. 

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19. After these subcontractors began asserting claims and filing liens in Ohio, Mark 

Schrader was in continuous contact via both telephone and email with Doug Ulbrich and myself 

in Ohio. During those communications, Mark Schrader furthered his fraud by continuing to 

misrepresent the status of the payments to subcontractors and failing to disclose that, despite 

having personally submitted numerous affidavits to the contrary, Wesex was not paying its 

subcontractors with money it received from CCL.

20. In addition to submitting pay applications and false affidavits to CCL in Ohio for 

approval as well as regularly calling me in Ohio to discuss Wesex’s pay applications, through the 

duration of Wesex’s involvement with the Project and until Mark Schrader left Wesex in the fall 

of 2017, Mark Schrader was in regular and routine contact with CCL and other Project personnel 

in Ohio. 

21. While the disclosure of every contact Mark Schrader had in Ohio on this Project is 

too voluminous to disclose in this affidavit, some examples of those communications include: 

a. On February 3, 2017, Mark Schrader sent an email to Doug Ulbrich and 

myself in Ohio indicating that Wesex was delayed in submitting its February 2017 pay 

application. In the email, Mark Schrader explained the delay was because his “guys just 

got back from the job site [in Ohio] this morning [and he] had to have updates from them.” 

b. On May 8, 2017, Mark Schrader sent an email to myself, as well as to my 

colleagues David Mears and Guy Kiraly, discussing critical path delays Wesex caused to 

the Project in Ohio. 

c. On July 24, 2017, Mark Schrader sent an email to me in Ohio, which falsely 

indicated that the Wesex was resolving issues with its unpaid subcontractors. 

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d. On August 1, 2017, Mark Schrader sent an email to Doug Ulbrich and 

myself in Ohio. In the email, Mark Schrader sent an email regarding the Wesex June 2017 

pay applications and threatening to pull Wesex’s crew off the Project if CCL did not remit 

payment within forty-eight hours. Again, Mark Schrader failed to acknowledge and/or 

disclose that Wesex had not been paying its subcontractors. 

e. On August 7, 2017, Mark Schrader sent the pay application no. 16 to Doug 

Ulbrich and myself in Ohio. Pay application no. 16 included a false affidavit signed by 

Mark Schrader that stated all the subcontractors have been paid in full as of August 4, 2017. 

In this email, Mark Schrader acknowledges that I requested additional documentation to 

support the pay applications and he was working on providing that information to me. 

f. On August 10, 2017, Mark Schrader sent an email to Doug Ulbrich, Guy 

Kiraly and myself in Ohio stating that one of Wesex’s subcontractor’s, Uni Pro Painting, 

Inc., was paid in full. I now know that Mark Schrader’s representation to be false. A short 

time after Mark Schrader’s email, Uni Pro Painting, Inc. filed a mechanic’s lien against 

CCL’s Ohio property and filed suit against CCL to foreclose on the Ohio property because

Wesex in fact had not paid Uni Pro Painting, Inc. in full. 

g. On September 6, 2017, Mark Schrader sent the revised pay application no. 

17 to Doug Ulbrich and myself in Ohio. The revised pay application no. 17 included a 

false affidavit signed by Mark Schrader that stated all the subcontractors have been paid in 

full as of September 6, 2017. 

[SIGNATURE PAGE FOLLOWS]

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