OUTSTANDING DRAWS AND CHANGE ORDERS NOT PROCESSED. WILL GET PROCESSED AND PAID. TRY TO WORK WITH WHOMEVER YOU HAVE CONTRACT WITH IF THEY WANT TO CONTINUE OR IF THEY WANT TO LEAVE. STEVE: WE'LL BE GLAD TO FORWARD THEIR CONTRACTS TO SEE SCOPE OF WORK AND WHAT FINANCIAL OBLIGATIONS ARE. TOM: I'D LIKE TO SEE THAT. I GUESS WE BOTH OF SOME HOMEWORK TO DO, BUT TO CONTINUE WITH MEETING IS MOOT.
L EXHIBIT 48 r·, STEVE: DO WE DEAL DIRECTLY WITH YOU? , TON: CONFIRMS. STEVE: MAY TAKE TIME TO FIGURE OUT WHERE WE ARE WITH SUBCONTRACTORS. NEGOTIATION SOMETHING OUT WITH THEM UNLESS YOU'RE GOING TO CONTINUE. CONTINUE WITH CONTRACTS WOULD BE LESS PROBLEMS BECAUSE WE WOULDN'T HAVE TO DEAL WITH THEM ON FINANCIAL PROCESS. TOM: BEEN THROUGH IT BEFORE.
~M'rn~r~. WE'VE GOT TO
MAINTAIN A CERTAIN PROCESS AND A CERTAIN QUALITY FOR ROD, AND HE WANTS TO CHANGE. SO WE'RE GOING TO MAKE A CHANGE. IF YOU COULD GET WITH ME ON THAT AS SOON AS POSSIBLE. WE'LL GET PAYMENT DONE AS SOON AS POSSIBLE. STEVE: CAN WE SIGN RELEASES? TOM: ABSOLUTELY. CONTRACTUALLY, WE DON'T HAVE TO PAY YOU UNTIL PROJECT IS FINISHED. WE AREN'T GOING TO DO THAT. WE DON'T FEEL LIKE THAT IS A GOOD BUSINESS DECISION FOR EITHER OF US. I DON'T WANT TO START POSTURING ONE WAY OR THE OTHER. FINISH IT IN A BUSINESS-LIKE MANNER. STEVE: WE ARE CAPABLE OF DOING THAT. I'LL LET DAVE MORGAN TAKE IT FROM HERE SINCE HE HANDLES THAT END OF OUR HOUSE. TONY: WE'LL NEED COMPLETE ACCOUNTING OF ANY MATERIALS FOR THE JOB. TOM: TALKED ABOUT THAT. STEVE: WE CAN GET YOU THAT. JACK: WE CAN WORK THROUGH THAT. JOHN: DID YOU GET CONFIRMATION FROM SHELTE ON COLUMNS? KYLE: HAVE ON SITE BY FRIDAY. JOHN: THE PROCESS THAT WILL START TO BUTTON THAT UP. KYLE: UVALDE CONCRETE BATCR PLANT IS STILL DOWN. OPEN NEXT WEEK. NO GUARAN~EE. TONY: IS THAT PART OF PROBLEM? KYLE: ONE OF SEVERAL DIFFERENT THINGS. CAN'T DO FOOTINGS, RAMP. THEY'RE ONLY GAME IN TOWN. JOHN: ONLY CONCRETE FOR MILES. JACK: ONLY ONE THAT CAN POUR THE JOB. WE WERE THEIR BIGGEST POUR. JGA: 300 YARDS? JACK: 400. STEVE: ON FAIR BASIS, CONTINUE TO GIVE ALL INFO YOU NEED FOR ANYTHING IN FUTURE. TONY: WHAT DID YOU DECIDE ON INTERIM? WORK WITH THEM? TOM: DON'T SEE ANY BENEFIT IN THAT TONY. I THINK WE'RE AT A POINT WHERE WE CAN MAKE CLEAN SPLIT. WE NEED TO DO DAMAGE CONTROL AND SEE WHO/WHAT'S GOING TO HAPPEN. WE'LL FIGURE IT OUT. THAT'S IT.
###
L EXHIBIT 48 DEFENDANT1S EXHIBIT John Maywald
om: John Maywald Sent: Tuesday, February 12, 2013 3:55 PM To: Jack Green; Dave Morgan Cc: Randy Ferrell; Steve Schiffman Subject: RE: Final Invoice - Los Cerritos
I will be here.
John Maywald Vice President - Finance Select Building Systems, Inc. SBS Construction 17 Scenic Loop Rd. Boerne, TX 78006  (830) 981-5937 Phone I Fax (830) 981-5308 Corporate Fax
om: Jack Green ...ent: Tuesday,