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SHEET <br />1 <br />45:13 2 <br />45:13 3 <br />4 5: 13 4 <br />5 <br />45;13 6 <br />13 <br />:45:13 <br />:45:13 <br />:15:13 <br />45:13 <br />45:13 <br />is 13 <br />l <br />8 <br />9 <br />1➢ <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />23 PAGE 89 <br />THE SINATRA COOK SITE? <br />MR. BISNO: OBJECTION. HEARSAY. <br />THE WITNESS: NO. <br />Q BY MR. RUBINER; p1ERE YOU PRESENT FULL TIME AT <br />THE SINATRA COOK SITE? <br />A I DON'T KNOW WHAT THE DEFINITION OF 'FULL TIME' <br />IS. <br />Q WELL, WHEN I -- WHAT'S YOUR DEFINITION OF 'FULL <br />TIME'? <br />A I WOULD SAY WHAT'S REQUIRED TO FULFILL OR <br />SATISFY A TASK. <br />Q DID YOU HAVE ANY DISCUSSIONS WITH <br />MR. GILFENBAIN ABOUT HOW MUCH TIME YOU WOULD SPEND <br />ONSITE AT THE SINATRA COOK SITE? <br />A NOT THAT I RECALL. <br />Q DID THE -- WERE YOU INVOLVED IN MANAGING THE <br />CONSTRUCTION AT THE SINATRA COOK SITE? <br />A NO. <br />Q WERE YOU THE CONSTRUCTION MANAGER? <br />A MY COMPANY OVERSAW MR. WILKINSON WHO WAS AN <br />OWNER'S REP CONSTRUCTION MANAGER. I DON'T THINK HIS <br />TITLE WAS EXACTLY CONSTRUCTION MANAGER. <br />0 SO YOUR COMPANY -- WHAT COMPANY IS THAT? <br />A VINEYARDS DEVELOPMENT. <br />Q AND AT THE TIME OF THE VINEYARDS OF PALM DESERT <br />R. Leonard, C.S.R., Inc. <br />Certified Shorthand Reporters <br />818.995,2449 <br />PAGE 91 _ <br />09:45:13 1 Q BY MR. RUBINER: AS YOU UNDERSTAND IT, WAS THE <br />VINEYARDS OF PALM DESERT COMPLETED UNDER THE BUDGET THAT <br />WAS CREATED FOR IT? <br />MR. BISNO: OBJECTION. VAGUE AS TO TIME AS TO <br />WHICH BUDGET. <br />THE WITNESS: IT WAS -- THE PROJECT CAME IN OVER <br />BUDGET. <br />Q BY MR. RUBINER: SO IF SOMEONE SAID THAT THE <br />PROJECT CAME IN ON BUDGET OR UNDER BUDGET, WOULD THAT BE <br />FALSE? <br />A I BELIEVE SO. <br />Q DID THE PROJECT, WAS THE PROJECT COMPLETED IN <br />THE TIME THAT -- STRIKE THAT. <br />WHEN YOU FIRST ENTERED INTO THE PROJECT AT <br />SINATRA COOK, DID YOU HAVE A TIME LINE THAT YOU BELIEVED <br />IT WOULD TAKE FOR THE PROJECT TO BE FINISHED? <br />A NO, NOT ME PERSONALLY, <br />Q WAS THERE ONE THAT ANYONE HAD? <br />A LIKE ANY GMAX CONTRACT, THERE IS A SCHEDULE <br />ATTACHED TO THE CONTRACT AND THAT LIKELY WAS THE <br />OPERABLE TIME FRAME SCHEDULE FOR THE PROJECT. <br />Q AS YOU UNDERSTAND IT, WAS THE PROJECT COMPLETED <br />ON TIME? <br />MR, BISYO: OBJECTION, VAGUE AS TO TIME AS TO THE <br />TIME OF YOUR UNDERSTANDING. <br />:45;13 <br />:13 <br />:45:13 <br />45:11 <br />45:13 <br />45:13 <br />9 <br />la <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />PAGE <br />90 <br />PAGE 92 <br />1 <br />PROJECT, OTHER THAN YOU AND MISS OGULNICK, DID ANYONE <br />09:45:13 <br />1 <br />THE WITNESS: I 3ELI3VE THE PROJECT CAME IN BEFORE <br />2 <br />ELSE PROVIDE OVERSIGHT OF THE CONSTRUCTION MANAGEMENT <br />2 <br />TIME WHEN CALCULATING THE ACTUAL DAYS THAT THE <br />3 <br />FOR THE VINEYARDS OF PALM DESERT? <br />3 <br />CONTRACTOR WAS 'WORKING, <br />09:15:13 <br />4 <br />MR. BISNO: OBJECTION. VAGUE AS TO TIME. <br />09:45:13 <br />4 <br />Q BY MR, RUBINER: WHEN YOU SAY 'BEFORE TIME WHEN <br />09:45:13 <br />5 <br />COUNSEL, THE PROJECT TOOK OVER A YEAR. <br />5 <br />CALCULATING THE DAYS THE CONTRACTOR WAS ACTUALLY <br />09:15:13 <br />6 <br />THE GAYNESS: AS I TESTIFIED PREVIOUSLY, MY BROTHER <br />6 <br />WORKING," WHAT DO YOU MEAN BY THAT? <br />7 <br />WAS AROUND DURING THAT TIME. CW DRIVER, WE DETERMINED, <br />09:45:13 <br />7 <br />A THERE WAS A CONSTRUCTION STOPPAGE AND BASED ON <br />8 <br />DID NOT NEED AN OFFICIAL THIRD -PARTY CONSTRUCTION <br />8 <br />THE NUMBER OF DAYS THE GC WAS WORKING, THOSE DAYS DID <br />9 <br />MANAGER, <br />9 <br />NOT EXCEED THE SCHEDULE, <br />09:45:13 <br />10 <br />Q BY MR. RUBINER: SO WOULD IT BE INCORRECT TO <br />09:45:13 <br />10 <br />Q WHY WAS THERE A CONSTRUCTION STOPPAGE? <br />11 <br />SAY YOU ACTED AS CONSTRUCTION MANAGER FOR THE VINEYARDS <br />09:45:13 <br />11 <br />A THERE WAS A DISPUTE OVER COSTS. I BELIEVE THE <br />12 <br />OF PALM DESERT? <br />12 <br />ORIGINAL SHP, THE OWNER FELT THAT COSTS SHOULD BE ON <br />09:45:13 <br />13 <br />114R. BISNO: OBJECTION. VAGUE AS TO TIME. THE <br />13 <br />BUDGET, THE GC FELT THE DEFINITIVE CONSTRUCTION <br />14 <br />PROJECT TOOK OVER A YEAR, <br />14 <br />DOCUMENTS WERE NOT SPELLED OUT PROPERLY WHEN WE STARTED <br />09:45:13 <br />15 <br />THE WITNESS: I WOULD NOT CONSIDER MYSELF A <br />15 <br />THE CONTRACT, HE HAD CHANGE ORDERS, OWNERSHIP DISPUTED <br />16 <br />CONSTRUCTION MANAGER. <br />16 <br />THE CHANGE ORDERS, IT'S MY RECOLLECTION NONE OF US <br />09:45:13 <br />11 <br />Q BY MR. RUBINER: WAS THE VINEYARDS OF <br />17 <br />BELIEVED THEY WERE ON THE OWNERSHIP SIDE VALID AND WE <br />18 <br />PALM -- STRIKE THAT, <br />18 <br />WENT INTO A DISPUTE OVER CHANGE ORDERS. SO I BELIEVE WE <br />09:45:13 <br />19 <br />ARE YOU FAMILIAR WITH THE BUDGET FOR <br />19 <br />WERE ON BUDGET BUT IN THE END WE WOUND UP IN LITIGATION <br />20 <br />CONSTRUCTION OF THE VINEYARDS OF PALM DESERT? <br />20 <br />AND A CHECK WAS CUT THAT PUT US OVER BUDGET. <br />09:V5:13 <br />21 <br />MR. BISNO: OBJECTION. VAGUE AND AM31000US AS TO <br />09:15:13 <br />21 <br />Q SO A SINGLE CHECK PUT YOU OVER BUDGET; IS THAT <br />22 <br />THE WORDS "FAMILIAR WITH," <br />22 <br />YOUR UNDERSTANDING? <br />09:15:13 <br />23 <br />THE WITNESS: AT SOME POINT IN TIME I'M CERTAIN I <br />09:45:13 <br />23 <br />MR. BISNO: OBJECTION. ASKED AND ANSWERED. <br />24 <br />WAS. I DON'T KNOW WHAT YOU'RE REFERRING TO SO I CAN'T <br />09:45:13 <br />24 <br />THE WITNESS: I DON'T KNOW THAT WE WERE OVER <br />25 <br />ANSWER THAT QUESTION. <br />25 <br />BUDGET. WE NEVER WENT TO COURT TO HEAR A JUDGE DECIDE, <br />90 <br />92 <br />Dalesandro vs. Ogulnick <br />Deposition of Ryan Andrew Ogulnick, Vol. 1 <br />August 13, 2012 <br />