Freeport AALC Force Majeure Attorney Letter 0727211
Jamie Brierton
From:Jacob Masters <jmasters@njh-law.com>
Sent:Tuesday, July 27, 2021 3:36 PM
To:'John.Nicholson@strlco.com'; 'Joe.Soto@strlco.com'; 'greg.attrep@strlco.com'; Marcus
Marion; Darryl Zbranek; Jamie Brierton; FreeportProjectST1501; 'Jim.Thull@strlco.com'
Cc:Tony Jach
Subject:RE: AALC Pass through claims to The City of Coppell
Good afternoon,
Further to Travis’s email below, we are counsel for AALC in connection with this matter.
Be advised AALC disagrees with the City’s decisions denying AALC’s request for payment for the change order work and
materials in connection with the winter storm and with respect to liquidated damages being unjustifiably assessed
against AALC.
As you aware, in the event AALC disagrees with an owner decision regarding the price for extra work, Article 6(a) of
AALC’s Subcontract allows AALC to present, “a request for equitable adjustment or sponsored claim consistent with the
General Contract and Subcontract Agreement.” Since attempts to reach an equitable resolution of AALC’s claims have
failed, please be advised AALC intends to escalate this matter as contemplated in the Subcontract. In that regard, AALC
will be pursuing legal action directly against the City and against Texas Sterling. Be further advised we will be seeking to
recover not only the principal amount owed but will also be seeking to recover all attorneys’ fees, costs, and interest
allowed by Texas law.
Demand for full payment to AALC for its claim, including the change order work and all other amounts due under the
Subcontract, is hereby re-iterated. Should you have any questions or wish to discuss this matter, please contact me to
discuss. Otherwise, we will be proceeding with our claims against the City and Texas Sterling as referenced above.
Thank you,
Jacob Masters
Nixon Jach Hubbard, PLLC
JPMorgan International Plaza III
14241 Dallas Parkway, Suite 575
Dallas, Texas 75254
Telephone: 972-503-7000
Direct Line: 972-503-7007
Facsimile: 972-503-7001
jmasters@njh-law.com
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From: travis@aalctx.com
Date: July 22, 2021 at 3:01:00 PM CDT
To: Jim Thull <Jim.Thull@strlco.com>
Cc: John Nicholson <John.Nicholson@strlco.com>, Joe Soto <Joe.Soto@strlco.com>, Greg Attrep
<greg.attrep@strlco.com>, Tony Jach <tjach@njh-law.com>, mmarion@coppelltx.gov,
dzbranek@coppelltx.gov, Jamie Brierton <JBrierton@coppelltx.gov>,
freeportprojectst1501@coppelltx.gov
Subject: RE: AALC Pass through claims to The City of Coppell
Jim,
This is outlandish and we don’t accept this decision. I have full intent on pursuing these
claims. $134,000 is just way too big of a hit for our small company to take. Especially when we have
bent over backwards to finish up this job and deliver a project the city is happy with. I cant help but
think that Texas Sterling has upset the City of Coppell throughout this project as I have NEVER seen this
stance taken from the city in my 20+ year relationship with them. Passing these fees along to AALC is
unfair.
My council will be in touch very soon.
Thanks!
Travis Baird │ President
O: 214.421.7663 │ M: 817.937.8323
617 N Cowan Ave., Lewisville, TX 75057
www.aalctx.com
From: Jim Thull <Jim.Thull@strlco.com>
Sent: Tuesday, July 20, 2021 4:49 PM
To: travis@aalctx.com
Cc: John Nicholson <John.Nicholson@strlco.com>; Joe Soto <Joe.Soto@strlco.com>; Greg Attrep
<greg.attrep@strlco.com>; Tony Jach <tjach@njh-law.com>
Subject: AALC Pass through claims to The City of Coppell
Travis
Unfortunately, The City of Coppell has rejected both of AALC’s appeals. See attached emails from The
City to Joe Soto.
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Let me know if you have any questions.
Jim
Texas Sterling Construction Co.
James E. Thull | Commercial Director |
| 1441 Airport Freeway, Suite 350 | Euless, Texas 76040 |
| Main: 682.292.9150 | Cell: 832-367-4167 |
Jim.Thull@strlco.com