While the Project was progressing toward Final Completion, there are Two Events

that occurred before after Substantial Completion but before Final Completion was
agreed upon by Lawrence in 2005.
1) A Sprinkler Head Break
2) Miscellaneous Leaks and other Issues
At the Same Time in August 2004 timeframe there were Outstanding Demands for
Direct Payment because certain subcontractors had not been paid by Peabody.
Maroney was one of the Subcontractors that had an outstanding Demand for Direct
Payment.
We dont need the Isensee Affidavit the documents speak for themselves.
ALL CLEAR FROM REGAN ROBBINS ON AUGUST 30, 2004
Before we get into the Issues of the Isensee Affidavit we need to say that if the
judge understands the facts the Items Identified, although repaired by Maroney,
they are unrelated to the issues in 2010.
Lets not get all wrapped up in the TMP Document. The Issues in 2010 are not the
same issues.
TMP Ids the water flowing back under the door in the C-wing.
The missing insulation is on Domestic Water Lines.
The Missing insulation is on the refrigeration line.
There is one location identified in the TMP Document that describes the insulation
on the Dual Temp system. It is clear that Insulation was delivered to Maroney for
the Guilmette School.
What you need to understand is that Maroney was both the Installer and the
Maintenance Company.
The Maroney Invoicing is self-evident even without the Isensee Affidavit.
There are more than 50+/- (put in correct number) Stated Material Facts
that Are in Dispute
The Issue that were identified by TMP were in the same timeframe as the work
being performed by ServPro (See Exhibit # __)

Summary of All the Issues of disputed Facts

SUMMARY OF TRAVELERS FACTS THAT THE PLAINTIFFS DISPUTE

SUMMARY OF PLAINTIFFS FACTS THAT TRAVELERS DISPUTES

Extracted from Plaintiffs Statement of Facts
(35) Mr. McAloon performed regular inspections, and testified that he never
observed areas not in compliance with the contract documents. McAloon believed,
based on his observations, that the HVAC system was completed in accordance with
the contract documents.
Travelers Disputes this statement of Fact.
(36) Mr. McAloon personally inspected piping to determine if it was installed in
accordance with the contract specifications.
Travelers Disputes this statement of Fact.
(50) In late August 2004, Sheehan was contacted by Morley regarding missing
insulation and water leaks.
Travelers Disputes this statement of Fact. This is disputed even though
Sheehan deposition testimony confirms this fact. However; Mr. Sheehan then signs
an affidavit contradicting his Deposition Testimony.
(53) Maroney, under the direction Sheehan, addressed the issues identified in the
TMP e-mail, as reflected in the invoices dated August 25 through September 8,
2004.
Travelers Disputes this Statement of Facts. The invoices speak for themselves.
(54) Maroney Service Technician were at the School on an ongoing basis between
2002 and 2009, performing HVAC repairs, preventative maintenance, equipment
start-up and equipment replacement.
Travelers Disputes this Statement of Fact. The invoices speak for themselves.
(55) In 2004, the Maroney service technicians spent approximately 162 hours on
service task items, approximately 60 hours of which were related to the inspection
and repair of insulation issues and water leaks identified by TMP. See Exhibit 56
Travelers Disputes this Statement of Fact. The invoices speak for themselves.
(56) Maroney service technicians address the issues identified in the TMP email
between August 25 and September 8, 2004 just a few weeks after the issues were
identified by TMP. See Exhibit 56 Maroney invoices/spreadsheet
Travelers Disputes this Statement of Fact. The invoices speak for themselves.
(57) Maroney invoices reflect the services that Morley requested of Maroney.
Travelers Disputes this Statement of Fact. Mr. Sheehans testimony confirms
this. However; Mr. Sheehan then signs an affidavit contradicting his Deposition
Testimony.
Will

SUMMARY OF PLAINTIFFS FACTS THAT DISPUTED BY TRAVELERS IN ITS

ARGUMENT
(30) Mr. Maroney testified that, based on his observations during construction, he
believed the HVAC work was completed in accordance with the contract documents.

REGAN ROBBINS CONTRADICTS HERSELF IN HER DEPOSITION TESTIMONY

Travelers relies on alleged factual statement by Ms. Robbins even though Ms.
Robbins contradicted these facts in later testimony.