Question H - Moison Depo Part I E-Tscrpt 080425

In Re: Mountain Adventure Property KIRK MOISAN
4/25/2008
Page 1
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLORADO
Case No. 08-10744-ABC
IN RE:
MOUNTAIN ADVENTURE PROPERTY INVESTMENTS, LLC, a
Colorado limited liability company,
EIN:
74-3181967,
Debtor.
RULE 2004 EXAMINATION OF:
KIRK MOISAN
April 25, 2008
PURSUANT TO NOTICE, the Rule 2004

Examination of KIRK MOISAN was taken on behalf of
Vectra Bank Colorado, N.A. at 633 17th Street, Suite
3000, Denver, Colorado 80202, on April 25, 2008, at
9:19 a.m., before Tiffany D. Goulding, Registered
Professional Reporter and Notary Public within
Colorado.
depo@huntergeist.com
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APPEARANCES
2 For Vectra Bank PETER A. CAL, ESQ.
Colorado, N.A.: CHRISTIAN H. HENDRICKSON, ESQ.
3
Sherman & Howard, LLC
633 17th Street, Suite 3000
4
Denver, Colorado 80202
5 For Robinson &
JOHN H. BERNSTEIN, ESQ.
Sons, lLC and
Kulak Rock UP
6 Robinson
1801 Califoruia Street
Construction
Suite 3100
7 Company:
8
J. DANIEL GRAGG, ESQ.
Seifer, Yeats, Mills
9
& Zwierzynski, UP
121 S.W. Morrison Street
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Suite 850
Portland, Oregon 97204
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13 Pay Applications for Villages of Hayden
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168
14 Subcontractor/Supplier Conditional Waiver
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and Release
185
9 15 Pay Applications for Hidden Springs Ranch
10 16 Statement of Lien
196
11 17 Pay Applications for Mt. Harris at Grassy
198
Creek
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205
18 Mountain States Company Invoice with
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various invoices attached
14 19 Safeco Construction Contract Bond, 11/17/06 217
15 20 E-mail to Moisan from Barackman, 9/25/07
221
Subject: Villages List
16
222
21 Letter to Sills from Barackman, 11/2/06
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Re: Unfinished Work at Villages of Hayden
18 22 Robinson Construction Daily Timecard
245
19 23 Letter to Labe from Glade, 12/7/07, Re:
250
Robinson Construction Co. v. Lake Village
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Owners Association One, Inc.
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18 For Alpine Bank: LAURA O'TOOLE, ESQ.
Kasling, Hempbill, Dolezal
19
& Atwell, UP
700 Lavaca Street, Suite 1000
20
Austin, Texas 7870I
(Appearing Telephonically)
21
Also Present:
Bob Roldan
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Dena Davis
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EXHIBIT DISPOSmON:
Original Exhibits: Bound separately with transcript
Mr. Cal: Bound separately with transcript
Mr. Bernstein: Bound separately with transcript
Mr. Harring: Bound separately with transcript
Mr. Fischer: Bound separately with transcript
Ms. O'Toole: Bound separately with transcript
2
11 E-mail to Moisan, dona32949@gmail.com,

142
pdoughty@fsbaltus.com, ronsillsmail@yahoo.com
Barackman, Torres from Keys, 10/24/06
Subject: Re: Robinson Payment
142
12 E-mail to Moisan and Torres from Randall
10127/06, Subject: FW: What do you ihink?
RICHARD L. HARRING, ESQ.

For Oasis
Grimshaw & Harring, P.C.
Development:
1700 Lincoln Street, Suite 3800
ForElarn
MARK J. FISCHER, ESQ.
Construction:
PATRICK BLESSINGER, ESQ.
The Law Offices of Ralph A.
Cantafio, P.C.
345 Lincoln Avenue, Suite 202
Steamboat Springs, Colorado 80477
1
INDEX
2 EXAMINATION OF KIRK MOISAN:
PAGE
April 25, 2008
3
6,279,292
By Mr. Cal
4
By Mr. Fischer
258
5
By Mr. Harring
263
6
By Mr. Bernstein
286
7
8 CERTIFIED QUESTIONS:
9 Page 90, Line 12
10
INITIAL
11 DEPOsmON EXHIBITS:
REFERENCE
12 I Letter from Don Anderson, 7125/07
12
13 2 Letter from Don Anderson, 7/25/07
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14 3 Contract Billings and Receipts, Hidden
29
Springs Ranch
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4 Commitment Report, Villages at Hayden
85
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6117/06
17 5 E-mail to Keys, Moisan, Griffith, Rockett
91
Grissom from Torres, 9/6/07, Subject: 4S/
18
GCHUpdates
19 6 E-mail to Moisan, Robinson, Keys, Griffith 96
Rockett, Grissom from Anderson, 9/6/07
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SUbject: 4S & GCH Status Document and
Spreadsheets
21
7 Proruissory Note
101
22
8 Robinson Construction Invoice No. I to 4S 125
23
Development, 11114/06
24 9 Robinson Construction Invoice No.2 to 4S 125
Development, 3/8/07
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137
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13
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10 Assignment of Rights Under Construction

Contracts
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WHEREUPON, the following proceedings

were taken pursuant to the Federal Rules of Civil
Procedure.
* * * * *
5
KIRK MOISAN,
6 having been first duly sworn to state the whole truth,
7 testified as follows:
8
EXAMINATION
9 BY MR. CAL:
Q. Good morning, Mr. Moisan.
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A. Good morning.
Q. State and spell your name, please.
A. Kirk D. Moisan, K-i-r-k, D middle
initial, M-o-i-s-a-n.
Q. How are you employed, Mr. Moisan?
A. I'm employed with Robinson Construction
Company.
Q. What do you do for Robinson Construction
Company?
A. I have many roles there. I work in
executive management, project management, development,
and finance.
Q. Do you have a title with the company?
A. Not a particular title, no.
Q. Have you had that same role since the
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beginning of 2006?
A. No, I have not.
Q. What was your role in the 2006 time
frame?
A. My role was primarily working for
development purposes, managing and being senior
project manager, project manager over the development
projects that Robinson entities are involved in.
Q. And so your role today, would you
consider that a promotion from where you were in 2oo6?
A. Yes, that's correct. A year ago the
president of the company retired and left, and I have
been in a transition into that position at Robinson
Construction since about April of '07.
Q. Who is the president who left?
A. Richard Yo left the company.
Q. Are you familiar with whether Robinson
has an outside auditor?
A. I'm not aware of an outside auditor.
Q. Accountants who work for the company?
A. Robinson Construction does employ an
accounting fum.
Q. Which accounting firm does Robinson
Construction employ?
A. Van Beek & Company.
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Robinson entities, in monitoring and making sure that

the fmancials match what we have provided them.
Q. (BY MR. CAL) And it's important that the
fmancials match the information that Robinson
provided to its accountants?
A. Yes, it is.
Q. Why is that important?
A. Robinson Construction relies on sureties
for bonding capability, which is a requirement of our
public projects and many of our private clientele.
Q. And the fmancial statements are provided
to those sureties before they provide the bonds?
A. That is correct.
Q. And does Robinson provide its lenders its
financial statements?
A. When required our fmancials would be
available.
Q. Was Van Beek & Company the accountants
for Robinson in 2oo6?
A. Yes.
Q. In 2oo7?
A. Yes.
Q. Tell me, what was your role on the
projects in Hayden for the company called MAPI?
A. I have no --
~;
Q. And does Van Beek & Company prepare

fmancial statements for Robinson?
A. Yes, they do.
Q. Do you have any role in the preparation
of fmancial statements and the materials that are
provided to Van Beek?
MR. BERNSlEIN: I'm going to object to
this. Peter, I'm not sure where this line of
questioning would be relevant about how Robinson
Construction Company -- who their accountants are,
what the role is, and how they -- what their
accounting is. They're not the debtor in this case.
MR. CAL: Relevance isn't a real good
objection during a Rule 2004 examination, John.
MR. BERNSlEIN: I'd like to know where
it's headed.
MR. CAL: You'll know real soon. Could
you read back the last question, please.
(The last question was read back as
follows: "Do you have any role in the preparation of
fmancial statements and the materials that are
provided to Van Beek?")
A. I have a supervisory role currently in my
new position with the accounting firm that Robinson
Construction and all that is employed with, all of the
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Q. Let me step back. I'm going to refer to

the company called Mountain Adventure Properties
Incorporated, which is the debtor in this case -- I'm
4 going to refer to that company as MAP!. You'll
5 understand when I say that?
6
A. Yes.
7
Q. Okay. So let me ask you then, what was
8 your role for Robinson Construction on the development
9 projects with MAPI?
l O A . Specifically with Robinson Construction,
11 I was a senior-level project manager.
12
Q. And what did you do in that capacity?
13
A. My capacity there would cover delegation
14 of project management, time, employees, labor,
15 scheduling, and overall management of on-site budgets.
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Q. Did you have any role in keeping track of
1 7 the work that Robinson performed in getting payment
18 for the work performed by Robinson?
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A. I was not an on-site individual tracking
2 0 the time, if that what's you're asking. Monitoring
21 and overseeing the pay applications that went out the
22 door, yes.
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Q. SO you made -- part of your role was to
24 make sure that accurate pay applications went out the
25 door?
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Robinson has asserted in its mechanic's lien?

A. Yes.
(Deposition Exhibit 1 was marked.)
Q. Would you show the witness this, please.
Mark it as Exhibit 1, please. Mr. Moisan, take a look
at what's been marked as Exhibit 1 and tell me whether
I,
you've ever seen that document before.
A. I am aware of the document.
Q. You said you are aware of the document?
A. Yes.
Q. How are you aware of the document?
A. In the past couple of months we've been
reviewing and organizing all of our files for
production, and I believe this is one of the documents
that we've produced.
Q. Tell us what this document is.
MR. BERNSTEIN: If you know what it is.
A. It appears to be -- it is a document that
has been produced by our assistant controller for
recap of the balances owed or apparent balances owed
on the Mt. Harris at Grassy Creek project in Steamboat
*
Springs.
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Q. (BY MR. CAL) And you testified this is a ;
document you've seen while Robinson has been gathering ~
documents for purposes of this examination?
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A. That is correct.
Q. And did you have any role in seeing that
those pay applications were paid?
A. No. Our accounting staff would monitor
the accounts payable, whether or not it had been paid.
Q. Did the accounting staff ever speak with
you about whether or not payments were received?
A. Yes.
Q. And did Mr. Robinson ever speak with you
about whether or not payments were received?
A. Yes.
Q. Do you know how Robinson's claims against
MAPI are reflected in the fmandal statements of
Robinson Construction Company?
A. I'm not sure I exactly understand the
question you're asking.
Q. Do you know whether the fmandal
statements of Robinson include an amount for what
Robinson claims it is owed by MAPI?
A. For Robinson Construction -Q. Yes.
A. -- specifically? Robinson Construction
23 showed an amount past due in relationship to these
24 projects, which is the basis for the claim.
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O. Is the amount consistent with the claims
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A. It's a document that has been produced, I

believe.
Q. It has not been produced. We did not get
this document. This document was not included within
the Robinson production.
A. Okay.
Q. It's not. Okay. Mr. Moisan, have you
seen any documents that amended or supplemented or
corrected this letter?
l O A . Not that I'm aware of.
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Q. Okay. Tell us, in this Exhibit 1 how
12 much does Robinson inform its outside accountant Van
13 Beek & Company that it is owed on the Mt. Harris at
14 Grassy Creek job?
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MR. GRAGG: You realize this isn't a
16 letter to Van Beek, this is a letter to Don?
17
MR. CAL: Thank you. Let's stop. Who's
18 making the objections?
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MR. GRAGG: I didn't mean to object or
2 0 interrupt. I apologize. You said it was a letter to
21 an auditor.
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MR. CAL: Who's making the objections
23 here today?
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MR. GRAGG: I'm not making an objection.
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MR. CAL: Thank vou.
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MR. BERNSTEIN: Would you repeat the

question.
MR. CAL: Don't answer the question.
Would the court reporter please repeat it.
follows: "Tell us, in this Exhibit 1 how much does
Robinson inform its outside accountant VanBeek &
Company that it is owed on the Mt. Harris at Grassy
Creek job?")
MR. BERNSTEIN: I am going to object to
that question because it does not -- that is not what
is the nature of the letter.
MR. CAL: You can make an objection to
form and I'll correct it. Okay.
MR. BERNSTEIN: Object to the form.
MR. CAL: Thank you.
Q. (BY MR. CAL) Mr. Moisan, this letter is
dated July 25, 2007; is that correct?
A. Yes, it is.
Q. It's addressed to Don Anderson at Altus
Ventures, LLC; is that correct?
A. Yes, it is.
Q. It's signed by Kyle Palmer, the assistant
controller for Robinson Construction Company; is that
correct?
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MR. BERNSTEIN: Objection, foundation.

(BY MR. CAL) Can you answer the
question, please.
A. The letter is signed by someone. I do
not have the ability to confirm if that's Kyle
Palmer's signature or not.
Q. Do you know Kyle Palmer?
A. Ido.
Q. Does he tend to provide accurate
information concerning Robinson's claims?
A. You're asking me to speculate on his
accuracy. I don't have an answer for that.
Q. (BY MR. CAL) You said you do know him,
right?
A. I do know him.
Q. Where would he have got the information
about Robinson's claims?
MR. CAL: This is a witness you
designated as the representative for Robinson
Construction to testify concerning the areas
identified in our subpoena.
MR. BERNSTEIN: I'm objecting to the form
of vour question Peter. Doesn't mean that he can't
Q.
testify to the areas in your subpoena. I'm objecting

to the form of the question.
Q. (BY MR. CAL) Do you know where
Mr. Palmer would have gotten his information that he
included in this letter?
A. Mr. Palmer would have gotten information
from a series of files on the project.
Q. Would he have spoken with you about it?
A. He would not be required to speak -MR. BERNSTEIN: Before you answer that, I
object to the form of that question. It calls for
speculation as to whether or not he would have. The
question is whether or not he did.
Q. (BY MR. CAL) Did he speak with you
concerning the letter?
A. He did not speak with me concerning this
letter prior to its creation.
Q. Did he speak with you concerning this
letter after its creation?
A. No, he did not.
Q. Did you ever speak with him concerning
this letter?
A. No, I have not.
Q. Do you think this letter is accurate or
inaccurate?
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4/25/2008
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A. I would have to review the files that he

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used to create this letter to determine that.
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Q. Well, do you think this letter accurately
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reflects the amount that Robinson Construction was
owed on the Mt. Harris at Grassy Creek job as of
June 30, 2oo7?
A. I would have to refer back to our files
Ii
to answer the question. I do not believe that this
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accurately reflects the values of that contract.
Q. Do you know what the lien claim is that
Robinson has asserted on Mt. Harris at Grassy Creek? j\)

A. Yes.
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Q. What's the amount of that lien claim?
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A. It's approximately 3.2 million.
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Q. Pardon me?
A. Approximately 3.2 million.
Q. What does this letter say the amount of
Robinson's claim is as of June 30, 2oo7?
A. This letter claims the balance due as of
June 30, 2007, is $950,226.10.
Q. Do you have any idea how much work
Robinson purportedly performed on the Mt. Harris at
Grassy Creek job between June 30, 2007, and the filing
of its lien claim?
MR. BERNSTEIN: Don't soeculate. There's
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a ton of documents on it.

MR. CAL: John, if you want to object,
object to form. Quit instructing the witness, please.
MR. BERNSTEIN: I'm not instructing the
witness at all.
MR. CAL: If you want to object, you can
object. State your objection.
MR. BERNSTEIN: I object, calls for
speculation. Show him a document.
MR. CAL: I asked him if he knows. He
~~ can i. :i~:==~~eter,
by tlnay,
I'm
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~~ ::~:!;~n"?=;run we not bave I
not raising my voice here. You are. I'm just making

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my objections. So if you want to start shouting about
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this, we can elevate it to that leveL
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MR. CAL: Mr. Bernstein, the appropriate
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objection is to form.
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MR. BERNSTEIN: I know what the
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objections are.
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MR. CAL: Then make them appropriately.
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Q. (BY MR. CAL) You were the project
22
manager, did you say, on this job?
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A. Over the course of the main portion of
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1-2_5_~th; ; e,. A;p;.; .lro.;"j)il.; .lec.;. ;t;:.I;.;,. w.;.;.,;.;,as;;. .n; ;"o;;. ;t. ; ;th; ;,.e;,. j:pl;. .;lr;.; .ool.,; ice..; ,c;,. tman=;; ; a;,;jilj:!; :.; ,ce;;. r; ; ;in; . ;i;,; ;ts~ _ _+-2_5
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1 original beginning. And at the time the contract was
2
2 signed, I was scheduled to be the project manager for
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3 the project.
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Q. In July 2007 what was your role on the
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5 project?
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A. In July 2007 I had an executive
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7 management role at Robinson Construction and the
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8 project was being handled by the project manager in
9
9 the company.
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Q. Who was that project manager?
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A. Ryan Barackman.
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Q. And he was on site?
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A. In 2007 he was not on site.
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Q. Who was the Robinson person on site in
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15 July of 2oo7?
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A. We did not have a person on site in July
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17 of 2007.
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Q. How about August 2oo7?
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A. We did not have a person on site in
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2 0 August of 2007.
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Q. How about September 2oo7?
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A. We did not have a project manager on
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2 3 site. And I would like to clarify that with all of
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24 those, because there was employees and/or
25
2 5 subcontractors on site on behalf of Robinson
Construction.
Q. Let's focus on employees then. Which
employees were on site?
A. I would have to review timecards to tell
you that.
Q. I've looked at timecards and I haven't
seen timecards for July 2007 in the documents you
produced to me.
A. Okay.
Q. Do you know whether you had employees on
il
did
Q.
A.
Q.
A.
Q.
A.
Q.
Pardon me?
We did not in July 2007.
You did not?
Did not have employees on site July 2007.
July 2oo7?
That is correct.
August 2007, did you have employees on
site?
A. I do not believe that we had employees on
..
site in August of 2007. I know that we did not have a
project manager on site in 2 0 0 7 . '
Q.::.. ;. . .;;;D;..;0;".,1Y"-co; .; u; . .m; ; . ;. ean~iblu.;.;st __J_ul->lly_2_oo_7_0_r,,,ycou_m_e_an_~1
throughout 2oo7?
Page 21
A. I would definitely have to review to make:"

a clear statement on t h a t . !
Q. I'd like to ask you another question on
.!.
this document. In the July/August 2007 time frame, do !:.
you know whether Robinson did in the ballpark of 2 1/2!
million dollars worth of work on the Mt. Harris at
Grassy Creekjob?
MR. BERNSTEIN: Object to the form of the
question.
A. I don't know. I was going to ask you if
you could repeat that again.
MR. CAL: Would you read that back to
him, please.
follows: "I'd like to ask you another question on
this document. In the July/August 2007 time frame, do
you know whether Robinson did in the ballpark of 2 1/2
million dollars worth of work on the Mt. Harris at
Grassy Creekjob?")
MR. BERNSTEIN: Same objection, form.
A. No.
Q. (BY MR. CAL) You don't know or they did
not?
A. In the Julv and AUj:!;Ust 2007 time frame
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Robinson Construction did not do 2 1/2 million dollars

worth of work at the Mt. Harris at Grassy Creek
project.
Q. SO are you telling me that this letter is
inaccurate where it states the balance currently due
as of June 30, 2007?
A. No. I'm not saying based on that
statement that this letter is inaccurate.
Q. You think this letter is accurate?
A. I explained before I would have to review
the documents or the ftles that created this letter.
I do not agree with this letter.
Q. You do not agree with this letter?
A. I agree it's not accurate.
Q. Pardon me?
A. I said earlier that I did not agree that
it was accurate and I would have to review the ftles
that were used to create it.
Q. Okay. So just so I'm clear, you think
the amount of balance currently due as of June 30,
2007, is not an accurate statement of what Robinson
was owed on this job?
A. That is correct.
Q. Do you know whether your accountants, Van
Beek & Company, relied upon this letter?
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A. I do not know.
Q. Do you know whether this letter was sent
to your accountants, VanBeek & Company?
A. I do not know.
Q. You said you saw this letter during the
course of gathering and reviewing documents that were
being produced?
A. I believe so, yes, that's what I said.
Q. That is what you said. Do you believe
that that's an accurate statement?
A. I do believe that is an accurate
statement.
Q. Did you speak with anyone after you saw
this letter?
A. No, I did not.
Q. Did you note that this letter did not
appear to be accurate in terms of the amount due as of
June 30, 2007?
A. No, I did not.
Q. You're not aware of any letter subsequent
to July 2007 that corrected this letter?
A. No, I am not.
Q. Did you look at the fmandal statements
for Robinson Construction for the 2007 -- the second
half of 2007?
A. Yes, I did.
Q. How did those fmancial statements
reflect the amount of Robinson's claim on Mt. Harris
at Grassy Creek?
MR. BERNSTEIN: Object to form and
foundation.
A. I would have to actually take a look at
them to tell you that and answer that question
correctly today.
MR. CAL: Mr. Bernstein, we received no
fmancial statements in response to our subpoena and
we did not receive a copy of this letter. We're going
to keep the deposition open and we're going to request
that you produce those documents so we have an
opportunity to review them and if we need to examine
this witness concerning the fmandal statements and
this letter.
MR. BERNSTEIN: I'm not -- I understand
your statement. By you making a statement does not
mean I'm agreeing with the statement, but I understand
your position.
MR. CAL: Thank you.
Q. (BY MR. CAL) Tell me when you've had a
chance to review what's been marked as Exhibit 2.
Page 25
Page 23
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"
~~
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MR. GRAGG: Peter, the other thing that

you wanted other than fmandals? I'm trying to take
notes so I can follow up.
i~,l
MR. CAL: Thank you, Mr. Gragg. These
letters, July 25, 2007, we would like those.
t
j~
MR. GRAGG: You want me to see if I can
:;:
fmd copies of those in our ftles?
*:
MR. CAL: Yes, sir.
II
MR. HENDRICKSON: There's no Hidden
Springs letter in there.
MR. CAL: You know, we'd like this letter
;::.
as well as to fmd out whether you guys ever corrected ~.
these letters and fmd out whether these letters were,
~~:
in fact, sent to the auditors.
I:
MR. GRAGG: I understand. Can you tell
me the approximate date? Because I work
chronologically.
MR. CAL: These letters are both dated
July 25, 2007.
Q. (BY MR. CAL) Have you had a chance to
review what's been marked as Exhibit 2?
A. Yes, I have.
Q. Could you tell us what Exhibit 2 is.
A. Exhibit 2 is a letter to Don Anderson
recaooinl! the contract balance Villal!es at Havden
I
I
:;:.
~l
~
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7 (Pages 22 to 25)
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contract.
Q. Have you seen this letter before today?
A. Actually, I do not believe I've seen this
letter before today.
Q. You do believe you saw the one concerning
Grassy Creek?
A. Yes.
Q. Have you seen a letter to Mr. Anderson
about the same time period summarizing the amount that
Robinson is owed on the Hidden Springs job?
A. No, I have not.
Q. SO you just saw the Grassy Creek?
A. Yes.
Q. And who signed this letter? Whose
signature -- whose name is below the signature of this
letter?
A. Kyle Palmer.
Q. But you're not able to identify whether,
in fact, that's Mr. Palmer's signature?
A. That's correct.
Q. Have you had occasion to work with
Mr. Palmer?
A. Yes, I have.
Q. Tell me what you think of Mr. Palmer's
abilities on the job.
Page 28
~
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1
2
A. In general Kyle does a good job and he's

pretty accurate.
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to
as
an employee, would you?
il
MR. BERNSTEIN: Objection, form,
foundation.
!:
Q. (BY MR. CAL) What was your answer to the
question?
*
~ yo~a~::::t~:t:~~::~~c:a:~et~~~~;~m
9
~~
:~
did
n~p~~~~:ea:~:t~=:;~~:~~~~eIfw~~d
II
12 not want to keep him.

13
Q. Why were these letters sent to D o n i
14 Anderson?
15
A. I do not have an answer for that. As a
;
I
~~
16 matter of process, our fiscal tax year ends on June 30
19 would get a recap or summary in either this form or a

2 0 similar form would go out to every client standard.
21
Q. And take a look back at Exhibit 1. Tell
22 us, according to this letter, how much had Robinson
~~ ~~~:~r::~:t~~~h:~c:~::~=:n~~:~1,.1 '
23
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been paid through June 30, 2007, on Mt. Harris at

Grassy Creek?
A. $4,919,041.
Page 27
Page
291
MR. BERNSTEIN: Objection as to form.

1
Q. That's -I:
Can you clarify that question? When you say "on the
2
A. That's billing. Excuse me. Sorry.
job," what do you mean by that?
3 $3,968,814.90.
Q. (BY MR. CAL) For the work he does for
4
Q. Same question now on Exhibit 2: Tell us
Robinson Construction Company.
5 what this exhibit says Robinson had been paid through
A. Can you be more specific to me about that
6 June 30, 2007, on the Villages of Hayden job.
question?
7
A. $4,069,746.
Q. Do you think he does a good job?
8
9
Q. Tell me when you've had a chance to
l O A . I would like you to be more specific than
10 review Exhibit 3, please.
11
11 that.
A. Okay. I'm ready.
12
Q. (BY MR. CAL) You could like me to do
12
Q. Have you reviewed it?
13 whatever you would like me to do. I'd like you to
13
A. Yes, I have.
14 answer my question. I get to ask them. You get to
14
Q. Have you seen this document before?
15 answer them. Do you think Mr. Palmer does a good job 15
A. Yes, I have.
16 as assistant controller for Robinson Construction
16
Q. Did you have any role in the creation of
1 7 Company?
1 7 this document?
18
A. I believe he does a good job.
18
A. I did not create the document.
19
Q. The information he provides is accurate?
19
Q. Did you have any role in the creation of
20
MR. BERNSTEIN: Object to the form and
20 this document?
21
21 foundation.
A. I had no role in the creation of this
22
A. I'm not in a position today to determine
2 2 document.
2 3 whether everything he does is accurate.
23
Q. Do you know who created this document?
24
Q. (BY MR. CAL) I'm not asking if
24
A. Yes, I do. Well, this document would
2 5 everything he does is -25 have come from our accounting department. I am not
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(Pages 26 to 29)
HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490

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~ a"Q0f ;~~~:::;o~=~te<lil. :::e 3~3 ~:~Ast.e8nN'~0 0.";~ chaogedbetweeo

0
3
4
played a role -- in your accounting department who had

a role in the creation of this document in terms of
==:.::
~ ~~t~:=r:
were
would have a responsibility for entering and creating

9 this document, as well as our controller Tom Boyle.
10 I'm not exactly sure which individual created
11 everything about this document.
8
~~ cre~? :~::a:::i::=:as
Joly 25.
;;;;e
an
:, .
Q. Do you believe the numbers reflected o n ;
~ fuillbr~~::::
wheilier
Robffison
ever
~~ :J~~:.::?vanBeek&CO~anYhaveaccess I
values.
15
A. Byway of backup.
Q. My question to you, sir, was do you know
16
Q. What does that mean? Explain that to us.
why this document was created?
17
A. They would be given a backup disk for
A. Work purposes of billing and showing
18 their use in order to prepare fmancial statements for
outstanding invoices, outstanding amounts.
19 the company.
Q. Was Robinson contemplating filing its
20
Q. And did anyone from Van Beek & Company,
lien at this time?
21 to your knowledge, ever ask anyone at Robinson why
A. At which time?
22 there was the change in the amounts between the
23
Q. Do you know when this document was
2 3 letters marked as Exhibits 1 and 2 and the amounts on
24 created?
24 Exhibit 3?
25
A.
It
appears
to
be
printed
on
August
7
of
25
MR. BERNSTEIN: I'll object to the form
I-.;.......-.,..;;.;;.;.....;=~=..;;.:...::..;;..=;;;;;;;.;;;;..;;;;;;;;.;;.;;==--:-;;;.;.......---If-----...;;;.;=..=;;;.;;;;.:..::..;;;=~=.;;.,.;;,,/~-::..:.-=.;;;.;;.;;;;;;;;;.---t;
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2007.
Q. Do you know whether as of August 7, 2007,
Robinson was contemplating filing a lien?
A. Yes.
Q. It was?
A. Yes.
Q. Do you know whether this document was
created for purposes of calculating the lien amounts?
A. The purpose of the document being created
was not specifically for figuring out the lien
amounts. The purpose of this document is a summary of
each contract out of our accounting system.
Q. How did Robinson determine what the
amount of its lien claim on Grassy Creek should be?
A. Based on the values that are on this
report, recap or summary of the contract values,
payments, and invoices.
Q. SO this report would have been the report
that was used to decide what amount to include in the
lien claim; is that right?
A. Sure. Yes.
Q. This report was created approximately two
weeks after Exhibits 1 and 2; is that correct?
A. That is correct.
O. Do YOU know why the numbers changed so --
informed Van Beek & Company that the amounts of its 11

9 lien claims are as reflected on Exhibit 3?
;
l O A . Van Beek & Company would have access to I._
11 this computer program. They would have this
.
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1:.
1....
1.....::.....
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said you're not aware of the amounts that are

reflected in the fmandal statements for the claims?
A. What I said was I would have to look at
~ ::=~~"':::;:::~7.::':':"""1.
10
Q. Okay. And where would you look in the
11 fmandal statements? What part? What section?
12
A. I would look in the accounts receivable
13 section.
14
15
16
17
ro re
I
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rEo:=~::::::::~on I
18 has an item -- a line item in its fmancial statements

19 for notes receivables?
20
A. It does.
21
Q. Do you know whether Robinson's fmandal
statements included a $5 million promissory note in

its notes receivables arising out of a MAPIjob?
24
25 foundation.
22
23
9 (Pages 30 to 33)
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Page 34
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A. I know which note you are talking about,
but I am not aware -- or I don't have the fmancials

in front of me to determine whether or not it was
listed on Robinson Construction's fmancial
statements.
Q. (BY MR. CAL) Which note am I talking
about?
A. You're referring to a promissory note on
8/16/06 that is due Robinson & Sons from 4S
Development.
Q. What's the amount of that note?
A. $5 million.
Q. And were there negotiations concerning
that note?
A. Yes, there was.
Q. Were you involved in those negotiations?
A. Yes, I was.
Q. Were documents exchanged back and forth
concerning that note?
A. There was some discussion and an e-mail
or two about a solution to them not paying our bill.
Q. Was there any e-mail or other
documentation where the parties calculated what the
amount of the note would have to be?
MR. BERNSTEIN: Obiect to the form.
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A. I'm not sure I understand what you're
asking.
Q. (BY MR. CAL) Were there any documents
that one side, 4S, sent to the other side, Robinson &
Sons, concerning what the amount of the note would be?

A. Not that I'm aware of.
Q. Now, you said there were some discussions
conceming the note?
A. That is correct.
Q. When were those discussions?
A. End of July '06 time frame.
Q. Who participated in those discussions?
A. Primarily myself and Don Anderson.
Q. Anyone else?
A. Paul Doughty, Bob Keys, Ron Sills.
Q. Kirk Moisan, and you said primarily you
and Don Anderson?
A. That is correct.
Q. But now some other people also had a
role?
A. That is correct.
Q. But not as big a role as you and Don
Anderson?
A. That is correct.
O. Who are the other people who had a role?
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Robinson Construction had not been paid.

Q. And tell me, what was the first time you
remember having a conversation with Mr. Anderson
concerning a promissory note?
A. The conversations -- all the way up until
the note, the conversations were very specific about
the fact-MR. BERNSTEIN: I think his question was
when was the first time you recall discussing this
with Mr. Anderson. Is that right?
A. I couldn't tell you the first time, a
specific date of that fITst conversation.
Q. (BY MR. CAL) Give me your best estimate
in terms of a month or week.
A. First part of August, second week of
August '06.
Q. August '06 or July '06?
~~ =~;~i~i:'~~reaWOWdhave
23
24
25
A. That is correct.
Q. Tell me about that conversation.
A. I don't remember the exact conversation
10 (Pages 34 to 37)
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Page 38
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that you're trying to get me to talk about. What I

remember is that Robinson Construction had not been
paid $5 million and for several weeks I was requesting
some sort of payment, some sort of action on the other
members of this group's part to show some good faith
and step up to the plate and pay the bill. It's
5 million bucks. There was several conversations over
a few-week period that led up to the creation of the
note.
Q. All right. The note, do you know when -you said -- I think you testified that the note was
dated August 16, 2oo6?
A. I believe that is correct.
Q. But now you're talking about a couple
weeks of conversations that led up to the creation of
the note?
A. Yes.
Q. Those conversations that led up to the
creation of the note, do those conversations go back
into July 2oo6?
A. Yes.
Q. Tell me about the fIrst conversation you
remember that led up to the creation of the promissory
note.
A. Again, I'm not going to have an exact
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date and time and place of a specifIc conversation.

We were not paid $5 million. It was a daily
conversation that when are we -Q. I'm trying to pin it down. You don't
have an exact date. You don't have an exact place. I
know you're not going to give me a verbatim transcript
of what your conversation was. I understand that.
What I want you to do is sitting here today, as best
as you can recall, tell me the fIrst conversation you
can remember with Mr. Anderson where you expressed
Robinson's frustration with not having been paid
$5 million for the work it had performed.
A. It would have been in a job site
construction meeting around the last week of July
between the 25th and the 30th. I was here -- I was on
the job site on a weekly basis and met with Don
Anderson on the job site on a weekly basis.
Q. SO you and Don Anderson were both on the
site on a weekly basis in July of 2oo6?
A. That is correct.
Q. You say you think this meeting was
July 25 to July 30, 2oo6?
A. That is correct.
Q. And you called it a job site meeting?
A. We met at the iob site. We had a iob
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~
~~.
~J
site trailer there for the construction process that
was going on on all three projects. It was located on
a piece of property across from the Villages of
~
Hayden, and we met there every week for a weekly
~.
~
meeting to deal with project issues, to deal with MAPI
~
~~
ownership issues, to deal with whatever the topic was
that needed to be handled.
Q. Were minutes taken of these meetings?
;~
A. The minutes that were taken were
~~
specifically related to the construction contracts.
~
;~
There were no minutes taken on behalf of MAPI of
discussions with Don Anderson or Ron Sills and I.
il
Q. Who took the minutes of the meeting
concerning the construction work?
A. Ryan Barackman, the project manager for
f
Robinson Construction.
Q. Was Mr. Barackman present when the
il
discussions concerning the management of MAPI came up? :::~
A. No.
Q. SO you'd excuse Mr. Barackman before
those conversations came up?
~j1
A. Yeah, or Don and I would go down to Ron
Sills' office, the 4S office in Hayden, Colorado.
~.
Q. SO the conversations concerning the
management of the MAPI entity were between you, Don
I
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~:
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Anderson, and Ron Sills?

A. And occasionally whoever else was on the
whole roster of people involved. Everybody was
invited.
Q. And I want to focus specifIcally on a
conversation you're talking about where you raised the 1
issue with Mr. Anderson concerning the payments. You
Ii:~
think that happened at the trailer out at the job
site?
A. Yes.
Q. And who else was present when you raised
that?
A. Ryan Barackman, and I don't think Ron
Sills was there. He may well have been there.
Q. I thought you just told me Ryan Barackman
was excused before you had those discussions?
A. You asked me about payment on a
construction project with Robinson Construction. Ryan
Barackman was in the trailer when we talked about
payment for Robinson Construction.
Q. SO the payment for Robinson Construction,
that's different from talking about the management of
MAPI?
A. Absolutely.
O. Okav. So the issues about the payment
!
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for Robinson Construction is what I'm really trying to

focus on in these questions.
A. Okay.
Q. Who was present -- so Mr. Barackman was
present during discussions concerning payments owed to
Robinson Construction?
A. That is correct.
Q. But you're saying he didn't take any
notes concerning those?
l O A . No. The meeting minutes are available
11 and I believe have been produced for all of our
12 construction meetings. And we can pull them out and
13 take a look at them to find out who specifically was
14 in the trailer when we had that discussion, but Ryan
15 Barackman was present.
16
Q. Okay. And you said Robinson -- you
1 7 expressed Robinson's frustration in not receiving some
18 form of payment for the $5 million worth of work?
19
A. That is correct.
20
Q. And tell me as best you can recall now
21 exactly how you expressed that frustration.
22
A. Very specifically I wanted to know how we
2 3 were going to get paid.
24
Q. And what were you told?
25
A. I was told that Don was workin~ on
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Page 43
financing and that Randy had agreed to carry a

specific amount of money and he'd get us paid when he
got us paid.
Q. What did he tell-- tell me what you
recall specifically about what Mr. Anderson said
about -- you said Randy agreed to carry a specific
amount of money?
A. That is correct.
9
Q. Who is Randy?
l O A . Randy Robinson.
11
Q. What did Mr. Anderson say about Randy
12 Robinson's agreement to carry a specific amount of
13 money?
14
A. That Randy Robinson agreed to carry a
15 specific -- carry the money, I will pay you when we
16 get it. And I said, That's not good enough, Dan -- or
1 7 Don, we need to know where the fmancing is coming
18 from, we need to know what's going on, when are we
19 getting paid, how are we getting paid.
20
Q. What did Mr. Anderson say about how much
21 money Mr. Robinson had agreed to carry?
22
MR. BERNSlEIN: Are we still in this
23 meeting?
24
MR. CAL: Yes, we are.
25
A. We didn't have a discussion about how
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4/25/2008
age
Wll8 supposed to carry at w.: 441
much money Randy

meeting. We had a discussion about Robinson
~ ~~:~~:~~:~:~e~e;:fn~~ =~V:::~~~~rnit~O
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get paid, where the financing was coming from, who was
paying the bill, when it was going to happen. Those
types of details were discussed in that meeting.
Q. (BY MR. CAL) Did you ever -A. There was an agreement already in place,
Peter, that Randy Robinson would carry $5 million for
the construction of the projects.
Q. SO tell me about this agreement that was
already in place that you just mentioned.
A. At that time there were no executed
documents recognizing an operating agreement for MAPI,
recognizing what is the unit purchase agreement for
MAPI, which is where the $5 million is spelled out.
Nothing had been formed. No business structures had
been executed. Nothing had been done. The only thing
that had happened at that point in time was Robinson
Construction showed up, was $5 million into these
projects, and we had not been paid. We had not been
showed that there was any way to pay us and we wanted
I,
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question to the witness, please.

follows: "S 0 tell me about this agreement that was
already in place tHat you just mentioned.")
Q. (BY MR. CAL) Would you answer that
question.
A. It's the unit purchase agreement for
Mountain Adventure Property Investments.
Q. That unit purchase agreement, you're
telling me now that that unit purchase agreement was
not in place at the end of July 2oo6?
A. It was not.
Q. SO you misspoke in your prior answer?
MR. BERNSlEIN: No, he did not.
A. No, I did not.
MR. CAL: Read his answer back from my
prior question.
(The answer beginning on page 44, line 9,
was read back as follows: "There was an agreement
already in place, Peter, that Randy Robinson would
carry $5 million for the construction of the
projects.")
Q. (BY MR. CAL) Okay. You remember that
answer you gave?
A. I do.
12
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$5 million for the construction of the projects.

A. There had been at that point an agreement
that Randy Robinson would carry $5 million, and those
documents had not been executed at that point in time.
Q. Who had reached that agreement that
you're talking about, about carrying the $5 million?
A. All of the players in the Mountain
Adventure Property Investments.
Q. Who were those players?
A. 4S Development, Grassy Creek Holdings,
Oasis Development, and Robinson & Sons, LLC.
MR. GRAGG: Peter, since you took the
last of the water, might I trouble your staff to bring
us a little more?
MR. CAL: I was going to do that. I
didn't want to do it on the record. Would you like to
take a break now?
MR. GRAGG: Sure.
MR. CAL: Let me fInish up this line and
then we'll get some water for you guys. Could you
_~_4_3_re_a_d_b_ac_t_~_~_\_a;_s:_:_e_;wP_e~_e~_sas, -e_.
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5 million spent approximately and 10 to $11 million!

worth of work.
Q. And this $5 million that was going to be
,.,(.
contributed, was this subordinated debt in equity?
'.
foundation of that question.
A. No.
Q. (BY MR. CAL) Did you ever hear anyone
say that Robinson Construction was contributing
$5 million of subordinated debt in equity?
A. No.
Q. You never heard anyone say that?
A. No.
Q. Have you ever seen that reflected in any
documents?
A. No.
Q. You've never seen that reflected in a
document?
A. That Robinson Construction was
subordinating $5 million, no.
--"'i.~_+-~-~--....;:;,,-~~.
'-e_~e_~....~_tak:_~_n~_I.!.~_: _1r;_a_t:_:n_~t_~ - -: ~.,;&~'_~....th_a._:_~)_ _---II,:
(BY MR. CAL) Mr. Moisan, you're still
....
'
r_e_ad-Jt.-ba_c_k_a_s_ _
,25 follows: "4S Development, Grassy Creek Holding;s,
25
Q.
....
i.,:.::..:.,.
Page 47
Oasis Development, and Robinson & Sons, LLC.")

Q. (BY MR. CAL) And when you used the
phrase that Mr. Robinson had agreed to carry
$5 million in the construction costs, is that an
accurate statement, what you're saying?
A. Yeah, sure.
Q. What do you mean by that?
A. The agreement specifIcally states that
Robinson -Q. No. Wait a second, because there's not
an agreement, remember. I'm talking about -- the
agreement hadn't been signed yet, so I want you to
focus just on this agreement, this understanding that
had been reached before July 2006 that was not yet
signed up. What did you understand Mr. Robinson had
agreed to do specifIcally in terms of carrying
$5 million?
A. Randy Robinson had agreed to give credit
in the amount of $5 million until June 1 of 2007 for
infrastructure work at the Hidden Springs, Villages of
Hayden, and Mt. Harris projects.
Q. Until June 1 of 20077
23
A. That is correct.
24
Q. SO then why were you upset about not
2 5 being oaid in 2oo6?
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under oath. Do you understand that?

A. Yes, I do.
Q. Did you report back to Mr. Robinson
concerning your discussion with Mr. Anderson about the
payment and Mr. Anderson's response?
A. I work for Mr. Robinson, so I would
report -- I reported back to him all the time.
Q. SO your answer is yes?
A. Yes.
Q. And what did you say to Mr. Robinson
about what Mr. Anderson told you?
A. I don't recall exactly what I said, but I
expressed concern that he wasn't going to get paid.
Q. What did Mr. Robinson say?
A. Figure out how to get paid.
Q. SO it was on you to figure out how
Robinson Construction was going to get paid?
A. It was on me to continue working with Don
Anderson to figure out how to get paid.
Q. Ultimately you did figure out how to get
paid, right?
A. I don't know so much that it was me
2 3 figuring it out, but we were amenable to working with
24 Don Anderson on getting us paid through his finance
25 methods.
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Q. SO what was the resolution that was

reached in the July/August 2006 time frame about
getting Robinson paid?
A. Basically, the most important thing to us
was that they acknowledged that they owed us
$5 million and that the remaining balances of the
contracts as we progressed would be kept current. And
that was done through the particular promissory note
that we opened this discussion with a few minutes
back.
Q. SO the promissory note included the
acknowledgement of the amounts Robinson was owed; is
that what you're saying?
A. That's right.
Q. And where was the agreement that Robinson
would continue to be paid going forward for the future
pay applications?
A. That would have been an understanding to
those terms.
Q. Pardon me?
A. It was just an understanding that we
would be paid for the future payment applications on
the project.
Q. SO that understanding that you're talking
about now was not in writing?
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A. I don't recall a specific piece of paper

that says if we have this promissory note, you will
pay every progress payment from here forward. We had
contracts in place at Robinson Construction and
there's contract terms in there for payment. There
was an acknowledgement that Robinson Construction was
owed $5 million and we continued working on the
projects.
Q. Okay. The contracts that you are talking
about were contracts that were entered into in June of
2006, correct?
A. That's correct.
Q. SO those contracts were in place before
August 2006?
A. That's correct.
Q. And you told me about the understanding
that you reached in August 2006 that made Robinson
comfortable, correct?
A. Correct.
Q. SO that's that understanding. It's that
understanding that you reached in August 2006 that
made Robinson comfortable there's a promissory note,
right?
A. Correct.
O. Is there anything else in writing?
Q. When is the memorandum of understanding

dated?
A. March 21, 2006.
Q. SO you see, I'm talking about
August 2006. Do you understand that?
:~
A. Yes, I do.
~~.
Q. I'm talking about the understanding t h a t !

10 you said was reached in August 2006 that made Robinson ~
11 comfortable. Do you understand that?
12
A.I~.
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Q. Okay. Tell me whether that understanding
14 that was reached in August 2006 was in writing.
i
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A. The acknowledgement that we were owed -~
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19 note, correct?
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A. In the promissory note.
Q. Does the promissory note say that
21
22 Robinson is going to be paid going forward on future
2 3 pay applications?
24
A. No, it does not.
25
Q. Is there anything in writing in
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531
August 2006 that says that Robinson is going to get

paid for future pay applications on a going-forward
basis?
A. I don't recall a specific document.
Q. But just so we're clear now, there was a
resolution reached in August 2006 that satisfied
Robinson's concerns about being paid; is that correct?
A. That is correct.
Q. And the resolution was the $5 million
promissory note, correct?
A. Correct.
Q. And an understanding by the parties that
on a going-forward basis Robinson would be paid on a
timely basis for its future pay applications?
A. That's correct.
Q. Anything else?
Q. Okay. Let's take a step back now. Have
you ever been deposed before, Mr. Moisan?
A. Onetime.
Q. Tell me about that.
A. It was about a year ago in a Medford
School District case for a building that had burned
down and I was deposed on the construction costs of
the new school that had been orooosed with the
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, :eage
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insurance company.
Q. And that's the only other time you've
been deposed?
A. Certainly in recent, yeah.
Q. Okay. Tell me about the depositions that
occurred longer ago.
A. I don't know for sure that I've been in
depositions prior to then and now. I've been involved
in communication with attorneys at the table, but I
don't recall being specifically deposed.
Q. Has there ever been a court reporter
sitting down taking what you are testifying to under
oath?
A. A year ago.
Q. Other than that time a year ago?
A. No.
Q. SO the only other time that you can
recall being sworn under oath and having a court
reporter present when you were testifying was a year
ago with that school case you're talking about?
A. That's correct.
Q. Other times you've been in rooms where
there were lawyers and there were conversations, but a
court reporter was not present?
A. Uh-huh.
Page 56 II
;~~~~6, give me your employment history beginning inl
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A. I worked for Gerdes Electric in B e n d , !

~~
Oregon. After that I owned and operated Redmond
i:
Electric, also owned and operated Redmond Excavating,
and then -~
Q. Was there a Mr. Redmond who was your
father-in-law?
~
{~ ~n~~~;::~:::::::i:lein
~~ Redm:nd:~~~~ not.
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II
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Q. Are you married?
15
A. Yes, I am.
16
Q. Did your father-in-law have any role in
1 7 any of your companies?
18
A. No, he did not. I worked for him at
19 Gerdes Electric.
20
Q. You worked for your father-in-law at
21 Gerdes Electric?
22
A. That is correct.
23
Q. Okay. So how long did you have Redmond
24 Electric and Redmond Excavating?

25
A. Four to five years.
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Q. Is that correct?
A. That is correct.
Q. Have you ever been arrested?
A. No.
Q. Tell me about your educational
background, beginning with college.
A. I only went to college for one year and
then that was it.
Q. Okay. What did you study in that one
year?
A. I entered college to study -- to go into
chemistry.
Q. Okay. So then after you did your one
year of college, what did you do after that, after you
got done with one year of college?
A. I entered into an electrical
apprenticeship program.
Q. Did you become an electrician?
A. I did.
Q. Are you a licensed electrician?
A. Yes, I am.
Q. When did you become a licensed
electrician?
A. I believe my journeyman's card is 1996.
O. Now. after vou got vour iournevrnan's card
Q. Up until what date? What year?

A. 2001.
Q. 2001. What happened to those companies
in 2oo1?
A. I closed Redmond Electric down, as well
as Redmond Excavating in 2001.
Q. Why did you close those down in 2001 ?
A. I had a substantial customer that had
filed bankruptcy and did not pay me.
Q. Who was that substantial customer?
A. Sapphire Homes.
Q. Did Redmond Electric or Redmond
Excavating have to file for bankruptcy?
A. No, it did not.
Q. SO you liquidated the companies?
A. That is correct.
Q. After you liquidated Redmond Electric and
Redmond Excavating in 2001, what was your next job?
A. I worked briefly for Crook County Parks
and Rec in a transition between jobs going to work as
a general manager at AC & E Electric in Salem, Oregon.
Q. SO you did a little bit of time with the
23 parks and rec and then you went to AC & E Electric?
24
A. That is correct.
25
Q. You were a proiect manager, did you say?
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A. I was a general manager.
Q. Okay. What did you do for them as

general manager?
A. Resolved the estimating department, which
I was the estimating department, project management,
dispatched and allocated labor and manpower projects,
coordinated purchases and materials, and oversaw all
of the operations of the company.
Q. How long did you work for -- it was ACE
Electric?
A. AC & E Electric.
Q. AC & E Electric. How long did you work
for them?
A. About three years.
Q. That would roughly be 2002 to 2005?
A. Yeah, 2006 beginning.
Q. SO you worked with AC & E Electric until
the beginning of 2oo6?
A. Yeah. I started at Robinson Construction
in April of '06.
Q. I just want to make sure -A. I worked for AC & E until my employment
at Robinson Construction.
Q. You went straight from AC & E Electric to
Robinson?
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A. That's correct.
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Q. You started with Robinson Construction in
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Aprilof2oo6?
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A. That's when I went on payroll, yes.
5
Q. Did you do anything with Robinson
6
Construction before you went on payroll?
7
A. I had been a subcontractor and had been
8
hired occasionally for design work and consulting type
of work with Robinson Construction in the development 9
10
of different projects with Robinson Construction for
11
my whole entire tenure at AC & E Electric.
12
Q. You say you did design work?
13
A. Yeah. Utility designs, working with
14
street lighting and application projects, getting
15
power to the projects.
16
Q. Okay. And then you began as an employee
17
of Robinson Construction in April 2oo6?
18
A. That's correct.
19
Q. Did you leave -- you left AC & E Electric
20
voluntarily or were you asked to leave?
21
A. Voluntarily.
22
Q. Okay. And you've worked with Robinson
23
Construction as an employee continuously from
24
April 2006 to the present?
25
A. That is correct.
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Page 61
~1
that correct?
~~.
A. Yes, itis.
Q. Who are the members of Robinson & Sons,
LLC?
A. Robinson Family Trust, Ryan Robinson, and
Clrristopher Robinson.
Q. SO it's Robinson Family Trust, Ryan
~.
Robinson?
A. Uh-huh.
Q. And Clrristopher Robinson?
A. That's correct.
Q. SO they're the members of the Robinson &
Sons,LLC?
A. Uh-huh.
Q. What's RK Enterprises?
A. RK Enterprises is another investment
company that was created with Robinson & Sons, LLC and
Keys Family Partners Limited. Both are 50 percent
owners respectively.
Q. SO who are the two 50 percent owners?
A. Robinson & Sons, LLC and Keys Family
Partners Limited.
Q. Keys Family Partners Limited, is that a
limited partnership?
A. I don't control that company. I don't
I
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16
Q. And you fITst started showing up in

Hayden in May 2006; is that correct?
~i
A. Yes. I have been involved in the project
~j
since my beginning at Robinson Construction.
Q. Okay. So that was really the fITst
project you worked on for Robinson Construction?
A. One of the fITst projects, yes.
Q. You had some other jobs that you had some
role in also at the same time?
~1
A. That's correct.
jjj
Q. Okay. Do you have any role with the
company called Robinson & Sons, LLC?
A. Yes, I do.
Q. Tell me about your role with the company:
that's called Robinson & Sons, LLC.
::
A. My role in Robinson & Sons, LLC is to
oversee, basically do whatever Randy would like me to
do dealing with the developments, investments that are Ii
involved in that company, as well as working with
::
~.
fmance and real estate agents involved with that
~.
company in a coordination type of position.
;;;
Q. Robinson & Sons, LLC, does it have any
m
full-time employees, to your knowledge?
A. No, it does not.
Q. And it's a limited liability company; is
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have any control there.

Q. Okay. Do you know who is managing the
Keys Family Partners Limited, at least in terms of its
ownership interest in RK Enterprises?
A. Bob Keys or Robert Keys.
Q. Anyone else?
A. No.
Q. How long have you known -- you know
Robert Keys?
A. Ido.
Q. How long have you known Robert Keys?
A. Since the end of the year 2005,2006,
right around that time frame.
Q. Okay.
A. So three years.
Q. End of the year 2oo5?
A. Vb-huh.
Q. How did you come to know Mr. Keys at the
end of the year in 2oo5?
A. I was in a meeting with Randy Robinson
and Randy introduced me to him.
Q. What was this meeting about?
A. Potential development project.
Q. Where?
A. In Mosier, Oregon.
4/25/2008
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Q. Is Sunrise Partners the owner/developer?

A. Yes.
Q. Who is doing the construction work on
that job?
A. Robinson Construction.
Q. Do you have any role?
A. Yes, I do.
Q. You personally, what's your role on that
job?
A. My role in that job is representing
Sunrise Partners in a coordination position with the
real estate agents, the transactions, overseeing the
residential lot sales, residential home building
companies that are purchasing lots, and active
negotiations in the commercial development property
sales.
Q. Who owns the land on that job?
A. Sunrise Partners.
Q. From whom did Sunrise Partners acquire
the land?
A. I was not involved in 2003. I'm not
exactly sure here. There are a couple of names, Tracy
Baron and Gerald Rollette. I'm not sure what their
roles were or what their ownership percentages were.
Q. Was it a hostile situation through which
*"
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Q. Do you know whether Mr. Keys and

Mr. Robinson have worked together on other development
projects?
A. Yes.
Q. Other than Mosier and other than Hayden?
A. Yes.
Q. How many others?
A. There are several.
Q. Tell me the ones that you know of.
A. Sunrise Heights.
Q. Where is that?
A. Happy Valley, Oregon.
Q. When was that?
A. It is still ongoing, and that project
started in 2003.
Q. What's the role in that job of -- and
that job, it's RK Enterprises that has a role in that
job; is that right?
A. No.
Q. Okay. Who has -- what's the relationship
that Mr. Keys and Mr. Robinson have in that job?
A. Robinson & Sons is a partner in Sunrise
Partners, and Keys Family Partners is a partner in
Sunrise Partners as well as a couple minor interest
people there.
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Sunrise Partners became the owner of the land in 2oo3?

MR. BERNSTEIN: Objection as to form and
foundation.
A. I'm not aware that it was hostile or not,
because I wasn't involved at that point in time.
Q. (BY MR. CAL) What have you heard,
though?
foundation.
MR. CAL: He doesn't have the foundation
for what he's heard?
Q. (BY MR. CAL) Go ahead and answer the
question, please.
A. Specifically in relation to hostile, a
certain individual?
Q. Specifically how Sunrise Partners
acquired the land for this development in 2003.
A. I'm not aware of the particulars about
how Sunrise Partners acquired the land in 2003.
Q. I'm not asking you for the particulars.
I'm asking whether or not you've heard anything about
how it acquired the land.
A. I do not recall hearing anything about
how it acquired the land.
O. Do you know anything about how it
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acquired the land?

A. I do not know how Sunrise Partners
acquired the land. I do not believe that Keys and
Robinson, either entity is the original partners of
Sunrise Partners. I'm not aware of how Sunrise
Partners acquired the property that has been
developed.
Q. Do you know how Keys and Robinson became
partners in Sunrise Partners?
A. I know that -MR. BERNSTEIN: I'm going to object,
Peter, to the entire lining of questioning. This is
way beyond the purview of the 2004 exam.
MR. CAL: The relationships among the
MAPI members are pretty important to this whole
dispute. So it's fair.
MR. BERNSTEIN: The relationships are
fine, but when we're talking about some transaction -MR. CAL: That's what I'm getting into.
MR. BERNSTEIN: -- a transaction that's
occurred five years ago in which this witness was not
involved and in which the entity you're discussing is
not involved in this bankruptcy, it gets very
attenuated to what a 2004 exam is about and what this
witness is here for.
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Q.
(BY MR. CAL) What do you know about how

Mr. Keys and Mr. Robinson acquired the interests in
Sunrise Partners?
A. I do not know how Mr. Keys acquired his
interest in Sunrise Partners.
Q. How about Mr. Robinson?
A. Mr. Robinson was approached by Mr. Keys
to be part of the project because of his development
experience and construction ability.
Q. Other than that, that pretty much
summarizes what you know about it?
A. Yes.
Q. SO we have the -- I think you've referred
to Mosier; is that right?
A. Yes.
Q. What do you know about the relationship
that Mr. Keys and Mr. Robinson have on this Mosier
development?
A. Robinson Construction was hired to do
preliminary estimates -- cost estimates for an RV
ownership facility that was being proposed in Mosier.
Q. Who were they hired by?
A. Secured Lending.
Q. Does Mr. Keys have something to do with
Secured Lendimr?
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A. Yes, he does.
Q. What does Mr. Keys have to do with
Secured Lending?
~
A. He is a partner. To what capacity I'm
not aware of. I don't know the particulars of his
relationship there. I know that he is a partner in
i:
that company.
Q. Now, does Robinson & Sons have any kind %~~
of an ownership interest now in Mosier Development? j~
A. No.
Q. Does RK Enterprises have any kind of
~;
ownership interest in Mosier Development?
~i
~!
Q. Are you aware of any type of an indirect
or direct ownership interest that Mr. Robinson has in :~
*
Mosier Development?
A. No.
Q. You're not aware of any?
A. No.
Q. Okay. Do you know any other projects
where Mr. Keys and Mr. Robinson have coordinated?
A. The Resorts at Moses Point, Moses Lake,
Washington.
Q. Tell me what you know about the role of
Mr. Keys and Mr. Robinson on that one.
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A. I'm happy to answer the question. Can

you be a little more specific with that one, because
the role is fairly broad.
Q. I'd like you to give me that broad role
and then we can try to narrow it down if I have to.
A. Robinson & Sons is a member of Moses
Point Holdings, as is Keys Family Partners, as is RK
Enterprises. There are other entities involved in
that ownership structure. The role is Robinson & Sons
and Robinson Construction have been brought into the
company to oversee development, engineering, and
construction of streets. Keys has a role working with
finance and has an obligation for personal guarantees
within that company.
Q. We've got Sunrise, Mosier Resorts at
Moses Point. Are there any other developments that
you are aware of where Mr. Keys and Mr. Robinson are
both involved?
A. A company called Hoodview Partners.
Q. Tell me about Hoodview Partners.
A. Hoodview Partners owns a commercial lot
in Government Camp, Oregon.
Q. Any others?
A. Project in Mississippi, Tunica,
Mississiooi which is River Bend LLC.
1
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Q.
Any others?
A. Project in Ogallala, Nebraska -Q. Can you spell-A. -- McConaughy Resort. I'm not sure what
the exact name of that LLC is.
Q. The name of the city, can you spell that
city forme.
A. It might be wrong.
Q. Do your best.
A. ()..g-a -Q. Closer than mine, though.
A. O-g-a-I-I-a-I-I-a sounds about right.
Q. And what was the name of that?
A. I'm not sure what the entity formed there
is. That is an ownership.
Q. What's the project called?
A. Lake McConaughy Resort.
Q. Any others?
A. Cascade Northwest Estates in Madras,
Oregon.
Q. Any others?
A. There's some couple houseboats and couple
things like that.
Q. Are Mr. Keys and Mr. Robinson social
friends?
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A. Yes, they have been.

Q. Are they currently?
A. Yes.
Q. Okay. Now, this entity RK Enterprises, I
want to make sure I've got this right. RK Enterprises
has two members, Robinson & Sons and Keys Family
Partners?
A. Uh-huh.
Q. Does RK Enterprises have an ownership
interest of any sort in something called Colorado
Oasis?
A. Yes.
Q. Tell me what ownership interest RK
Enterprises has in Colorado Oasis.
A. Colorado Oasis or Oasis?
Q. You know what, you might know more about
this than I do. Tell me what you know about Oasis or
Colorado Oasis.
A. RK Enterprises has a membership in Oasis
Development, which is a MAPI member. Colorado Oasis
Development is one of the entities that was being
formed in and around the MAPI and Colorado Oasis.
There are several there. We would have to get
everything out and defme all that.
O. Okay. But there's something called Oasis
Development?
A. Correct.
Q. And RK Enterprises is a member in Oasis
Development?
A. Yes.
Q. SO that's -- who else are the members in
Oasis Development?
A. First State Bank Development or FSB
Development.
Q. Okay. So Oasis Development is a member
in MAPI; is that correct?
A. Correct.
Q. And RK Enterprises is a member of Oasis
and FSB Development is a member in Oasis?
A. Correct.
Q. Is anyone else a member in Oasis?
A. No.
Q. I think I misspoke earlier when I defined
MAPI, so we should clear that up. When I refer to
MAPI, I am referring to Mountain Adventure Property
Investments, LLC. Is that your understanding that's a
proper full name of the company?
A. Yes.
Q. Okay. So I had misspoken earlier. So
now we've cleared that up; but whenever we've referred
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to MAPI, we're talking about the debtor in this

tj
bankruptcy case here in Colorado, and that's Mountain
III
~~~.
Adventure Property Investments, LLC. Okay?
A. Okay.
I'
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Q. SO we've got Oasis Development and it's
got two members. Is that RK Enterprises and FSB
Development?
I
A. Yes.
~;
Q. Okay. Any other members that you know
of?
A. No.
Q. Do you know who the members of FSB
Development are?
A. I do not know the entities that make up
the membership there. I'm aware of Paul Doughty and
Don Anderson at least as the representatives of FSB
Development. I'm not aware of their ownership
structure.
Q. Okay. And does RK Enterprises have any
sort of an ownership in FSB Development?
Q. How about Robinson & Sons?
A. No.
Q. Do you know whether any of Mr. Keys'
entities have an ownershiD in FSB DeveloDment?
~:
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Q. Do you know whether Mr. Keys has done
other developments where he has used FSB Development
or the other folks down in Oklahoma as partners?
MR. BERNSTEIN: Object to the form of
that question.
A. I'm not aware of any specific projects
with the entity that you're mentioning.
Q. (BY MR. CAL) Okay. But there's a lot of
corporate structures here, so I might not know them
all; but you're aware of other developments by
Mr. Keys?
A. I don't know them all either, Peter.
Q. Tell me about the ones you do know where
Mr. Keys and any of his entities are working together
on a project with Mr. Anderson or Mr. Doughty or any
of their entities.
A. A project called Blue Heron.
Q. Blue Heron, do you know where that is?
A. Alabama, I believe.
Q. Does Robinson Construction have any role
in that?
A. No.
Q. How about Robinson & Sons?
A. Only by virtue of being a member of RK
4/25/2008
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Mr. Anderson or their entities.

A. Pompano Beach, Florida, I'm unaware of
the ownership structure again.
Q. Does RK Enterprises have some role in
Pompano Beach, Florida?
A. Potentially, yes.
Q. How about Robinson Construction?
A. No.
Q. Okay. Any others than Blue Heron?
A. Seminole Bay, Florida.
Q. Who do you think has the involvement
there?
A. I'm sure that RK Enterprises is involved
there.
Q. Each of these also involve FSB
Development or Mr. Anderson or Mr. Doughty?
A. Yes.
Q. And those are ongoing to this day?
A. As far as I know.
Q. SO they're working cooperatively on those
projects today?
A. Vb-huh.
Q. Okay. Any others?
A. EAS Completions.
Q. Where is that?
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Enterprises.
Q. SO RK Enterprises does have an interest
somehow in Blue Heron?
A. Yes.
Q. Okay. And tell me what you know of the
role that FSB or Doughty and Anderson have in that.
A. That may be a mistake on my side, too,
because I believe that Oasis Development is the member
in Blue Heron, so RK would be directly related through
Oasis. So I apologize. Maybe I need to have you
respeak your last question.
Q. That's okay. That tells me enough. So
I've got Blue Heron. Do you know of any other
developments that this company Oasis Development is
involved in?
A. As much as -- I'm sure that there
probably is one. Right now I do not recall
specifically where Oasis Development is used as an
entity.
Q. Tell me about other projects. Again, I
don't want you to know the details. I just want to
try to get them identified so I can look into them if
I want to. Other developments that you're aware of
that involve some sort of -- that include the
involvement of Mr. Kevs and/or Mr. Doughtv and/or
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A. In Oklahoma.
Q. Any others?
A. Don Anderson is involved in the River
Bend project as well that I mentioned earlier.
Q. Then that's a good idea. Let me go
through all these and you tell me whether Don
Anderson, Paul Doughty, or FSB Development have a role
in the following: Sunrise Heights?
A. No.
Q. Mosier?
A. No.
Q. Resorts at Moses Point?
A. No.
Q. Hoodview?
A. No.
Q. River Bend?
A. Yes.
Q. Ogallala?
Q. Cascade Northwest Resorts?
A. No.
Q. We stopped at River Bend. Any others
that you know of that we haven't talked about yet that
involve both Mr. Keys and his entities as well as
Mr. Anderson, Mr. Doughty, and their entities?
~.
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f
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1
A. Not that I'm aware of. I'm drawing a
2 blank.
3
Q. Fair enough. When was the last time you
4 had any conversation with either -- let me start this
5 question over again.
6
When was the last time you had a
7 conversation with Mr. Keys about the Hayden projects?
8
A. I don't know.
9
Q. Within the past year?
l O A . DefInitely within the last year.
11
Q. During 2oo8?
12
A. Actually, not that I'm aware of.
13
Q. Nothing in 2008 that you're aware of?
14
A. No.
15
Q. Do you know whether Mr. Keys and
16 Mr. Robinson have had any discussions in 2008
1 7 concerning the Hayden development?
18
A. I know they have met together. I don't
19 know the content of their discussions.
20
Q. Okay. When was the last time you know
21 that they met?
22
A. Within the last 30 days.
23
Q. Okay. When was the last time you had a
24 conversation with either --let's do it one at a time.
25
When was the last time you had a conversation with
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MR. BERNSlEIN: Discussions with who?
~: ~;~e;~~n~~~::::i~
acquisition ofVectra's position has been several

months ago. Again, I'm going to be real scratchy on
actual specifIcs. It was mostly related to an idea
that was brought up. There was an idea also and we
were confronted about Don and Paul or one of their
~~::~~~~~~:;~;=~~;~~~:~~o~~~:~~~n
joining with one of their entities and acquiring

Vectra Bank's position. Out of that I don't know that
there was ever any resolve of those conversations.
Q. Okay. So there were a number of
conversations concerning in one way or another an
acquisition ofVectra's position?
~: ~:~?
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Mr. Doughty concerning the Hayden projects?

MR. BERNSlEIN: Peter, for clarifIcation,
you're referring to Hayden projects as Villages of
Hayden or are you referring to all three projects?
Q. (BY MR. CAL) When I use the term "Hayden
projects," what I'm referring to specifIcally are the
Villages at Hayden, Mt. Harris at Grassy Creek, and
Hidden Springs. And when I'm talking about just one
of those specifIcally, I'll try to identify it
specifIcally; but when I refer to the Hayden projects,
I'm referring to all three. Okay. So my question is
when do you -A. 60 to 90 days ago.
Q. SO sometime -A. Sometime in 2008.
Q. What did you guys talk about?
A. Really the discussion -- I don't recall
the specifIcs of each and every one of the
conversations, but really the discussions have been
trying to have an understanding of where each party
rnight be headed through this process, combinations of
motions, you know.
Q. Have you had any discussions concerning
the possibility of attempting to acquire Vectra's
Dosition?
I
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.
,11
.,....
,1
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A. Yes, there's been a number of
~~ conv~~"7:::',:,.:~o~:l'::' about those
I"
22 conversations. You think the most recent one you had ,

23 was 60 days ago with Mr. Doughty?
::
24
MR. BERNSlEIN: Peter, I am going to
25 object to that just on a -- I don't think any of this
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is admissible if these conversations were in the

nature of Rule 408 discussions. I don't know if they
were or were not; but it sounds awfully like that to
!:
me, that there was discussions among the parties about I:
potential settlement of the claims. I don't believe,
%
if that's where this is going, any of that would be
deemed admissible and I am going to object to that
line of questioning.
MR. CAL: Well, admissibility and subject
to discovery are two different things.
MR. BERNSlEIN: I'm not certain.
MR. CAL: Rule 408 discussions are
~~ Subject~~~~~=ffi.
~~
I,
Peter C~;:;:~=:- That's a law according to
~~.
MR. CAL: Are you directing your witness

not to answer?
MR. BERNSlEIN: I'm putting you on notice
that I'm concerned about this line of questioning. I
may instruct him not to answer. I want to see where
this is going.
MR. CAL: If you instruct him not to
2 5 answer. we'll reserve all remedies.
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MR. BERNSTEIN: That's fine.

(BY MR. CAL) Mr. Moisan, I'd like to
talk to you about discussions you have had with the
folks in Oklahoma since -- let's just start since
January 1,2008. The first question I want to ask you
is during those discussions, have attorneys been
present?
A. Not all the time, no.
Q. During those discussions, did any person
involved in the discussions say, This discussion is
subject to Rule 408?
A. No.
Q. Did anyone say, This discussion is a
settlement discussion?
A. No.
Q. Okay. Tell me about the first -- we're
going to do a break here. We're going to start with
January 1,2008, and we're going to move forward, and
try to tell me the best you can recall about
discussions starting at January 1,2008, that you have
been involved with with Mr. Keys and Mr. Doughty and
Mr. Anderson or anyone of them concerning the MAPI
bankruptcy case.
A. Can I ask what was the date that MAPI
filed bankruptcy on just to try to ~et a reference
Q.
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Q. And was there ever a discussion about the

validity of Robinson Construction's lien?
A. No, there was not.
Q. No one has ever mentioned it?
A. The Sills group since January I? No,
there has not been any discussion of the validity.
Q. Okay. Since Robinson filed its lien, has
Mr. Anderson ever questioned the validity of
Robinson's liens?
A. He has not.
Q. Since Robinson filed its liens, has
Mr. Keys ever questioned the validity of its liens?
Q. Since Robinson filed its liens, has
Mr. Doughty ever questioned the validity of its liens?
Q. Have they ever indicated that Robinson's
liens are actually in a second position behind Vectra?
A. No, they have not.
Q. Are you sure of that?
A. Yes, I am.
Q. Absolutely?
A. Yes, lam.
Q. Okay. I remember you told me that you
have never heard anyone say that Robinson Construction
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1
point here?
2
Q. MAPI filed bankruptcy approximately
3
January 26, 2008. And I could be slightly off on
4
that.
5
A. That's what I thought.
6
Q. But I would like you to go back to
7
January 1,2008. So tell me about discussions
8
concerning MAPI that you've had with any of those
9
gentlemen from January 1, 2008, going forward.
10
A. The discussions with those gentlemen from
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January 1 on up until MAPI's bankruptcy application
were discussions about how to refmance or how to deal 12
13
with the potential for the Sills group, who had been
14
in charge of MAPI, filing bankruptcy on the eve of
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the -- now, I might be mixing up 4S, but trying to
16
figure out how to refmance and restructure the deal
17
so we could get paid, all of us.
18
Q. Was the thought in one way or the other
19
buying out the Sills group?
20
A. That is obviously one option that was
21
contemplated.
22
Q. Okay. And were there also contemplation
23
of buying out Vectra?
24
A. That is also an option that was
25
contemplated.
contributed subordinated debt in equity to MAPI?

A. Yes.
Q. You've never heard that?
A. I have not heard that.
Q. Show him this document, please. Now,
Mr. Moisan, have you ever seen this document before?
A. I have not seen this document before.
Q. Have you ever seen any documents that
were credit presentations to FSB Altus concerning the
Hayden projects?
A. I need that question repeated just
because of the noise.
Q. We're going to strike the last and we'll
start over again. Have you ever seen any credit
presentations to FSB Altus concerning loans to MAPI
relating to the Hayden projects?
A. Do you mean credit applications?
Q. Okay. Have you seen credit applications?
A. No, I have not.
Q. All right. This document they're calling
a credit presentation. Have you ever seen a credit
presentation?
A. I have not seen this document, and I
don't believe I've seen anv other documents.
22
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Q. Have you ever seen any documents, or

whatever the specific name you want to give the
document, that involved information that was being
provided to a lender in order to obtain fmancing for
MAPI relating to the Hayden projects?
A. No, I have not.
Q. Did you ever see any information that was
provided to Vectra Bank?
A. No, I did not.
Q. You never saw that?
A. No.
Q. Did you ever have any conversations with
Mr. Anderson concerning using Vectra as a lender?
A. Mr. Anderson informed me, as well as the
rest of the group, that he was pursuing fmancing from
Vectra Bank.
Q. Okay. Did he ever tell you that he
wouldn't be able to get that fmancing ifVectra was
in a position junior to Robinson on any liens?
A. No, he did not.
Q. Did he ever tell you that Vectra would
not want to lend money if it was not in a frrst
position on the collateral?
A. No, he did not.
Q. Take a look at this document and look
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specifically on the fourth page. Are you there?

A. Yes, I am.
Q. You see where it says, "Robinson
Construction Company"?
A. Yes, I do.
Q. Read the last two sentences, please.
MR. BERNSTEIN: I'm going to object.
Hold on. I want to object to the form of this
question. He's already testified he's never seen this
document before. He is not familiar with the
document. If you're asking him to read from it, he
needs an opportunity to review the entire document.
It's not his document. He's not familiar with it.
MR. CAL: If you want to ask him
follow-up questions -MR. BERNSTEIN: I don't want to ask
follow-up questions. I'm making an objection so the
witness has an opportunity to be treated fairly. And
the manner in which you're asking these questions, he
has a right to review a document that you're asking
him to read a small portion out of that he has never
seen before.
Q. (BY MR. CAL) Please read the last two
sentences on page 4 of the document out loud, please.
A. "In consideration for $5 million in
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subordinated debt/equity in the project, Robinson will

receive the above equity percentage in the project.
He has agreed to provide $5 million plus in
development work at his cost as additional equity" -I don't know what the word is there -- "above the
equity already inherent in the raw land contributed by
4S Development."
Q. You never heard anything like that
before?
A. That is not a true statement. That is
not Robinson's position on the $5 million.
Q. It's not Robinson's position, but you
don't know whether Mr. Robinson ever made that
statement or not, do you?
A. I cannot speak to Mr. Robinson's
statements that he makes.
Q. SO you're saying whoever provided this
information to FSB Altus was lying?
MR. BERNSTEIN: Objection.
A. I'm not making that speculation, Peter.
Q. (BY MR. CAL) Where do you think FSB
Altus would have gotten this information?
A. FSB Altus created the document.
Q. Where do you think it got the
information?
~)
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Page 89;
~
MR. BERNSTEIN: Iobject. It calls for
~
speculation.
Q. (BY MR. CAL) Do you know the
relationship between FSB Altus and FSB Development?
A. No, Idonot.
~~
Q. Do you know whether Mr. Anderson has
~1
anything to do with FSB Altus?
A. I don't know what his capacity is with
~~.
FSB Altus.
il
Q. Do you know whether he has anything to do ~~
with it?
A. He's involved in FSB Development. I
~,
don't know if he's involved in FSB Altus.
II
Q. Do you know whether Mr. Doughty has
anything to do with FSB Altus?
A. Yes, he does.
Q. He does. Mr. Doughty also has had some
involvement with MAPI, right?
A. That is correct.
Q. Mr. Doughty is a member of FSB
Development, correct?
A. As far as I know he is, yes.
Q. Is Mr. Doughty the president of the bank?
A. Yes, he is.
Q. Do you know Mr. Doulrlltv to be an honest
I
I
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man?
MR. BERNSTEIN: Object to form of the

question.
A. I wouldn't have any reason to believe
anything different.
Q. (BY MR. CAL) You have no reason to -A. I don't know.
Q. You have no reason to believe that
Mr. Doughty is a dishonest man, do you?
A. I do not have any reason to believe that
he's a dishonest man.
Q. How about Mr. Anderson? Any reason to
believe Mr. Anderson is a dishonest man?
MR. BERNSTEIN: Object to the form. This
witness is not going to sit here and vouch for the
honesty on dishonesty of people -- for these people.
That's outside the scope of this. I'm going to
instruct him not to answer the question.
MR. CAL: Okay. Please mark that. I'd
like to -- we're going to come back to that. If we
have to, we'll go to the Court.
MR. BERNSTEIN: That's fine with me.
Q. (BY MR. CAL) Are you aware of any
instance where Mr. Anderson lied to you?
A. I was told Robinson Construction was
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Q. You see that this document was produced

to us by Robinson Construction, correct?
A. Yes.
Q. And it's an e-mail that Mr. Anderson
circulated, correct?
A. Yes.
Q. It was circulated in September 2007,
correct?
A. That's correct.
Q. You received it, correct?
A. Yes.
Q. Do you remember receiving it at the time?
A. I will agree that we received it. Do I
',,'.
specifically remember the day? N o . ,
Q. Let's forget about the actual day. Do
you remember receiving spreadsheets from Mr. Anderson "
at or about this time?
~
A. Yeah, it was not uncommon.
Q. Okay. What's this inter-creditor
agreement that's referenced in the attachments?
A. I don't know what agreement it actually
is providing us here. It is a spreadsheet.
~~~
Q. Are you aware of discussions about an
~: ~~~~:=~betweenRObinsonCon:::31
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going to get paid.

Q. SO you think he lied to you about that?
A. We aren't paid. We're sitting here.
Q. Do you think he lied to you about that?
question. These are highly inappropriate questions,
Peter, and you know it.
A. I do not know if he lied or not.
Q. (BY MR. CAL) Is there any instance where
you know that Mr. Anderson lied to you about anything?
Q. (BY MR. CAL) I'd like you to take a look
at just the first page of what's been identified as
Exhibit 5. Do you see that?
A. Yes,ldo.
Q. Have you reviewed this document before?
I just want to focus on the first page right now. I'm
just trying to find out if you've seen this document
before.
A. You had forwarded it over to our counsel
yesterday.
Q. Okay.
A. The day before.
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A. I'm not aware of an actual inter-creditor

agreement that was created between Robinson
Construction and FSB.
not
I 'm
asking if you are aware of discussions between
'
Robinson Construction and FSB Development about an ~jj
inter-creditor agreement.
A. Our discussions were relating to the
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follows: "So we've established that you're not aware

.
that an actual agreement was created. I'm asking if
you are aware of discussions between Robinson
Construction and FSB Development about an
inter-creditor agreement.")
Q. (BY MR. CAL) I don't care about any
other discussions you had. I want to know now whether
you're aware of discussions about an inter-creditor
agreement.
A. I do not remember specifically the term
for an inter-creditor agreement. If you have one, I
would be happy to discuss it with you.
24
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Q. Did you ever speak with the folks at FSB

Development about Robinson Construction and FSB
Development coordinating as creditors of MAPI?
A. Robinson Construction was never -Q. It's a yes or no. You can say yes or no
and then we can follow up. Okay.
MR. CAL: Please read my last question to
the witness.
(The question beginning on page 94, line
1, was read back as follows: "Did you ever speak with
the folks at FSB Development about Robinson
Construction and FSB Development coordinating as
creditors of MAPI?")
A. No.
Q. (BY MR. CAL) Take a look at the second
page of this document. Take a look at the top line.
You see that where it says, "Villages of Hayden"?
A. Yes.
Q. And do you see it says, "Amount" and
under the amount line it says $2,252,046.377
A. Yes, I do.
Q. And does it indicate that that position
belongs to Vectra?
question.
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Page 95
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A. It indicates that Vectra is owed
2 $2,252,046.37.
3
Q. (BY MR. CAL) It indicates that that is
4 frrst, correct?
5
6
A. The document has Vectra listed in frrst
7 position.
8
Q. (BY MR. CAL) Who is listed at second
9 position?
l O A . RobCon.
11
Q. SO after you received this document, did
12 you say, Jeez, Mr. Anderson, you have a mistake here?
13
14
Q. Never remember questioning him about this
15 document?
16
A. No.
17
Q. You remember receiving spreadsheets from
18 Mr. Anderson where he was summarizing the positions of
19 various creditors, correct?
20
A. This is one of probably several.
21
Q. Yeah.
22
A. There's lots of spreadsheets.
23
Q. Did you ever see one circulated by
24 Mr. Anderson where Mr. Anderson put Vectra in second
25 position behind Robinson?
4/25/2008
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A. No.
Q. (BY MR. CAL) Do you remember seeing
these spreadsheets back in 2007 where Mr. Anderson was ~

putting Robinson Construction second and Vectra frrst? 1. .
A. N o . ,
Q. You don't remember these?
A. They don't -- it's just a recap of what
is owed at MAPI. To me that's all it means. It's not
for me to decide whether Vectra is in first or we are
in second or we're in first or Vectra is in second.
The situation is Vectra was given credit for
$2,252,000 on our construction contract and Robinson
Construction was not paid the balance of $1,411,000.
That's what this spreadsheet is telling me.
Q. Okay. Mark this one, please. After
you've had a chance to review what's been marked as
Exhibit 6, let me know. Okay.
A. Okay.
Q. Have you seen this document before?
A. Yes, I have. You're going to question me
on inter-creditor agreement.
Q. Do you remember seeing this document in
:u~~:~~::~:::m971
when you were going through the documents that were
going to be produced in response to the subpoena?
ROb~onY~~~~~c~:~e that this was produced by
!
f
Q. Okay. Take a look at the last page of

the document. It's the third page. And, again, this
has that same spreadsheet that indicates that Vectra's
position is frrst, correct?
A. It is the same spreadsheet, yes.
Q. It indicates that Robinson's $1.4 million
claim is in second, correct?
A. It's clearly the opinion of Don Anderson,
yes, that is correct.
Q. Has Don Anderson ever expressed that
opinion to you before?
A. Not verbally.
Q. Never had a meeting back in 2007 where
Mr. Anderson was saying you were in second?
A. What Mr. Anderson wanted was us to take a
second position and do a deal where they could pay us
out over the next whatever given time frame could be
alrreed upon. This is one of several and manv
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agreements that you could probably consistently catch

me off guard on for a little while here. There are
also several from 4S trying to accomplish the same
thing. These are merely recaps of what is owed to the
companies.
Q. Take a look at the second page of the
document. You see that?
A. Ido.
Q. You see it says, "Sum due to MAPI
partners"?
A. That is correct.
Q. And RobCon is included in that group of
the sum due to MAPI partners?
A. It's clearly one other misconception that
Don Anderson is putting here in mistake, because
RobCon is not a member and never has been a member of
MAP!.
Q. Okay. Would you take a look down at
No.2 over there.
A. Yes.
Q. He says, "As you can see, it would take
about $16 million to buyout First State, RobCon and
Oasis contributions, at cost."
A. Yes.
Q. Does it appear to you that Mr. Anderson
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relationship between RobCon and Robinson & Sons,

right?
A. I would agree with that statement.
Q. Okay. But he's -- never mind. You must
have had some telephone calls and discussions
concerning these documents when Mr. Anderson was
circulating them; is that correct?
A. Yes.
Q. Did you take any notes?
A. No.
Q. Pardon me?
A. No.
Q. Did Mr. Robinson participate in any of
these telephone conversations?
Q. Did you ever correct Mr. Anderson and
tell him, Don, you're wrong?
A. I have corrected Mr. Anderson on several
things over the last couple of years, all of which I
have no idea specifically which things.
Q. SO you've corrected -A. There has been times I've corrected
Mr. Anderson.
Q. In September 2007 that would have been
pretty hij:!;h up on the list of priorities in terms of
Page 101
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is saying that RobCon made a contribution to MAPI of

$5.1 million?
foundation.
A. RobCon did not make a contribution to
MAP!.
MR. CAL: That's not what I'm asking you.
Would you read my question back to him.
follows: "Does it appear to you that Mr. Anderson is
saying that RobCon made a contribution to MAPI of $5.1
million?")
MR. BERNSTEIN: Same objection, form,
foundation.
Q. (BY MR. CAL) Could you answer the
question, please.
A. It appears to me that Mr. Anderson is not
clear on the relationship of Robinson Construction and
MAP!.
Q. SO if he just said Robinson & Sons
instead of Robinson Construction, would his statement
have been accurate?
A. Robinson & Sons did not make a $5 million
contribution to MAP!.
O. So he's confused about more than iust the
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~~~
~~~
~(
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whether or not Robinson & Sons was second to Vectra?

il
A. In September of 2007 Mr. Anderson was in
full agreement that Robinson Construction was owed
$5,187,000 and he was supportive of the construction
liens that have been put in place.
Q. Did he ever tell you that he thought your
::
liens had priority over Vectra?
MR. BERNSTEIN: Asked and answered.
Object to the form.
A. I never asked.
Q. (BY MR. CAL) Did he ever tell you that?
Q. Other than in these documents here that
he's circulated?
A. In the documents he's claiming we're in
second position, not in first.
Q. Let's take a look at the promissory note
now. After you've had an opportunity to review
Exhibit 7 sufficiently so you can identify it, let me
know.
A. Okay.
Q. What is this document?
A. This is a promissory note.
O. And is this the promissory note vou've
~;
26
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102
been testifying about this morning?

A. Yes, it is.
Q. And this is the promissory note that
served as -- that's dated August 2006, right,
August 17, 2006?
A. That's correct.
Q. And this is the one that represented the
payment for the fIrst three pay applications?
A. That is correct.
foundation of that question.
A. It does not represent payment for the
fIrst three pay applications.
Q. (BY MR. CAL) Before your lawyer objected
your answer was "that is correct," right?
MR. BERNSTEIN: I had an opportunity to
~~ objec~~1i;~~e~AL)
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104
correct, in MAPI?
A. That is correct.
Q. And 4S Development is the borrower,
correct?
A. That is correct.
Q. SO this means Robinson & Sons is lending
$5 million to 4S Development?
A. It does not mean that Robinson & Sons is
lending $5 million to 4S Development.
Q. (BY MR. CAL) What does it mean?
A. This is an acknowledgement of $5 million
worth of debt based on contracts -- construction!
contracts with 4S Development.
Q. That's all it is? It's just an
acknowledgement?!
~~ seco~m~~;~g:t~~~:~~:; ~~:e~e;~o~.
Before your lawyer

::t
19 objected, your answer was "that is correct"; isn't
19
Q. Why didn't you ever get the second
:,.~
20 that correct? The record will reflect what it
20 mortgage?
;
21 reflects. Tell me what you think: this promissory note
21
A. It was never necessary because subsequent
22 is.
22 to this document, in September fmancing was put i n '
23
A. This promissory note is an
2 3 place, documents were signed, project kept moving
.
24 acknowledgement of $5 million worth of debt to
24 forward, entities were created. A promissory note is
,
t-2_5_R_o_b_in_s_o_n_C_o_n.;..stru_c_t_io_n_._H_o_w_e_v_e...;r,~th_e_n_ot..;,e..;;.i,;;..s .;;;;ma;;;.;.;;;.d.;.e,.;;.0,.;;,ut.;. r.2_5_.;;;;n.;.ot;.;n.;;;;e..;;c,.;;,es.;;;;s;.,;.;aril.;;;;;;;oIy:.. ;m;;;;;;;;.eanm=;;;)lgful=;;..;;;.;th.;;;;e;;,.n.;. .
Page 103
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to Robinson & Sons, which was not really of effect to

us because we were more concerned that a Robinson
entity was being recognized as owed $5 million.
Q. SO for simply getting recognition that
you're owed $5 million, you executed a promissory
note?
foundation. He didn't execute the promissory note.
A. I did not execute the promissory note,
nor did I create it.
Q. (BY MR. CAL) You didn't create this
document?
A. I did not create that document.
Q. Do you know who created the document?
A. Paul Doughty.
Q. And what was the purpose for Mr. Doughty
creating this document?
A. We were threatening to stop work.
Q. And this was created so that you would
keep working?
A. That is correct.
Q. And it didn't matter -- do you see where
it says the lender here is Robinson & Sons, LLC?
A. I see that.
O. And Robinson & Sons is the member
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Q.
In fact, if a deed of trust had been put

in place, the lender would have -- the borrower who
provided the financing in September 2006 would have
known about it, correct?
A. I'm not sure that I can answer that. I
don't know what would have happened if a deed of trust
would have been put in place.
Q. (BY MR. CAL) Did Robinson & Sons ever
disclose this promissory note to Vectra Bank?
A. We were never asked to disclose anything
to Vectra Bank.
Q. Did Robinson Construction ever disclose
this promissory note to Vectra Bank?
A. We were never asked to disclose anything
to Vectra Bank that I'm aware of.
Q. Do you know whether any member of MAPI
ever disclosed this promissory note to Vectra Bank?
Q. When were the documents in place that
negated the need for the note?
question.
A. I'm not sure I understand the question
actuallv. Peter.
27
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Q. (BY MR. CAL) Wasn't that part of your

answer just a couple questions ago?
A. Can I have it repeated back.
(The answer beginning on page 104, line
21, was read back as follows: "It was never necessary
because subsequent to this document, in September
fmancing was put in place, documents were signed,
project kept moving forward, entities were created. A
promissory note is not necessarily meaningful then.")
Q. SO what was put in place and when was it
put in place?
A. For starters, the operating agreement for
MAP!. That's a good start.
Q. When was that signed?
A. Late September.
Q. Okay. Anything else?
A. The Vectra Bank loan was in place and we
were submitting for draws and had started to get
communication of how we were going to be paid.
Q. Anything else?
A. That sums it up, really.
Q. You see on this note in the middle
there's a place that refers to additional terms?
A. Yes.
25
Q. And it says, "2nd mort~a~e on Routte
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County Villages of Hayden project minus 42 acres"?

A. Yes.
Q. Do you know what 42 acres this note is
talking about?
A. The 42 acres that Lake Villages,
ftling 1, phase 1 of Villages of Hayden was built on.
Q. That's the 42 acres where Vectra has its
deed of trust?
A. That is correct.
Q. Doesn't this indicate to you that
Robinson & Sons and Robinson Construction were not
supposed to be asserting liens on the 42 acres where
Vectra has its deed of trust?
MR. BERNSlEIN: Object to the form.
A. Answer is no.
Q. (BY MR. CAL) Why not?
A. Because the purpose of the note was to
get an acknowledgement that there was debt owed and
that there was a responsibility for payment.
Q. What was the purpose of the additional
term?
A. I didn't put it on there. I didn't
create the note. They're trying to make us happy so
we would continue work.
O. Well the additional term didn't make you
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A. Because there was another issue in the

MAPI agreements that was not being followed through
with.
Q. Which issue was that?
A. The original memorandum of understanding
was turned into a unit purchase agreement and involved
in that unit purchase agreement is what laid out the
responsibilities of all of the parties. And some of
those responsibilities were that 4S would contribute
their land into MAPI and they were not signing the
unit purchase agreement. It had never been executed.
Q. SO what's that got to do with whether or
not you have a deed on a second position on the Routt
County Villages of Hayden project minus 42 acres?
A. Because Robinson & Sons' percentage of
ownership in MAPI ultimately would have been a
percentage of ownership in that property and the
property now had not been contributed.
Q. Do you know whether Robinson & Sons has
its own financial statements?
A. Yes, it does.
Q. Who prepares those financial statements?
A. Van Beek & Company.
Q. Have you ever looked at those financial
statements?
28
unhappy,apparently?
MR. BERNSlEIN: Objection to the form.::
A. It was never carried out. The note was
I,
never completed. We never did get anything. We did .
ili
not get a second trust deed.
Q. (BY MR. CAL) Did you try?
A. Three times.
Q. What happened?
A. It was never recorded, never signed.
Q. Why not?
A. You would have to ask Don Anderson that.
I don't know why not.
Q. When was the frrst time you asked?
A. Sometime about the same time that the
Vectra Bank loan took place.
Q. When was the second time you asked?
A. It was later in the year.
Q. Laterin2006?
A. Potentially beginning of 2007. I would
have to look.
Q. When was the third time you asked?
A. When we didn't get paid on June 1,2007.
Q. SO why would you ask later in the year in
2006 if your prior testimony was it wasn't necessary
anymore?
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time where you worked on behalf of Robinson & Sons

reflected in any time records?
A. Not that I recall.
Q. Did you allocate the time you worked for
Robinson Construction from the time you worked for
Robinson & Sons?
A. Yes.
Q. How?
A. I allocate my time through phase codes
and job numbers within the company.
Q. SO your timecards have those phase codes?
A. Yes.
Q. And those phase codes will tell you which
work is for Robinson & Sons and which work is for
Robinson Construction?
A. Yes.
Q. And would the time that you spent for
Robinson & Sons be included in any of the payment
applications for Robinson Construction?
A. Potentially some of it, because I did
have responsibilities with Robinson Construction as
well.
Q. I thought you said you would have had
some sort of code that would have told you what was
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A. Yes, I have.
1
2
Q. How do they reflect Robinson & Sons'
position in MAPI?
3
A. At this point they do not.
4
5
Q. How about back in 2oo6?
A. I take that back. At this point they
6
don't reflect any of the property. We received a K-l
7
tax information from MAP!. However, MAPI has never 8
completed full tax returns for all of the
9
10
transactions, unless there's one here recently. We
11
don't have a K-I that reflects some of this activity.
Well,
that's
very
interesting.
I
12
Q.
appreciate your telling me that.
13
14
MR. CAL: I would note, Mr. Bernstein,
that I don't recall receiving any tax returns or K-ls,
15
so we'll request those.
16
17
Q. (BY MR. CAL) Now, the question I asked
18
you, sir, is how is Robinson & Sons -19
MR. CAL: Could you read back the
question I asked him, please.
20
21
2, was read back as follows: "How do they reflect
22
Robinson & Sons' position in MAPI?")
23
Q. (BY MR. CAL) How do the Robinson & Sons 24
financial statements prepared by VanBeek & Company 25
Page 111
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reflect Robinson & Sons' position in MAPI?

A. 15.4 percent.
Q. Pardon me?
A. 15.4 percent ownership.
Q. It doesn't attempt to reflect any sort of
capital contribution made by Robinson & Sons?
A. No, it does not.
Q. It doesn't. Does it attempt to quantify
what the value of that interest is?
A. No, it does not.
Q. What was the capital contribution that
Robinson & Sons made into MAPI?
A. Capital contribution from Robinson & Sons
was sweat equity. Robinson & Sons was brought in for
development expertise and construction management
experience.
Q. And in exchange for that sweat equity, it
received roughly 15 percent ownership interest in
MAPI; is that right?
A. That is correct.
Q. Tell me specifically, like how much time
did Robinson & Sons put in for all this sweat equity?
A. That would have been my time that was
spent on the project on behalf of Robinson & Sons.
O. Did vou make anv attemot to have your
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RobinsonConstrnction time and what was ~:::o:,~
Sons time?
A. Correct.
Q. And that code -- what's the code that
~;~!f?:;E~:;:':~~::or
:7:::
Q. The job number for Hidden -- the job
nomr~;!~:~:.::~::
would we have to look at to figure out whether or not

you were working for Robinson Construction or Robinson
&~~
~ro~~~~%=I~2~~
A. I'm kind of stuck on that.
I
I
i!
I
~
Q. I want you to remember the ones for

Villages at Hayden, 801. Right now you can't
remember?
A. I'd have to look at them, Peter.
Q. When you got paid, did you receive a
paycheck from Robinson & Sons?
A. No.
29 (Pages 110 to 113)

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Q. You received a paycheck from Robinson

Construction?
A. That is correct.
Q. And did the accountants make some sort of
adjustments internally on records to reflect what you
had done for Robinson Construction and what was done
for Robinson & Sons?
A. No. Robinson & Sons wouldn't be billed
from Robinson Construction.
Q. SO Robinson Construction would have an
accounting entry where it would be -- where it would
bill Robinson & Sons for the time you worked for
Robinson & Sons?
A. Yeah. It's not uncommon for Robinson
Construction to bill Robinson & Sons for time. It's
not uncommon just to get time cast off to overhead or
specific other job numbers in there for my time.
Q. Well, whether or not it's uncommon, what
I'm asking is on Villages of Hayden, filing 1, job
No. 696 do you know whether there's time entries -- do
you know whether there are accounting records by which
Robinson Construction was telling Robinson & Sons that
Robinson & Sons owed money to Robinson Construction
for the work you had performed for Robinson & Sons
that was paid by Robinson Construction?
Page
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A. Potentially.
Q. Okay. I don't think any of yours do.
A. Okay. I'd have to look at them.
Q. Okay. Maybe we'll get a chance this
afternoon.
MR. GRAGG: Is that a logical point to
take a break for lunch?
MR. CAL: Would you like to take a break?
MR. GRAGG: We'll make ourselves
available.
MR. CAL: How much time do you want for
lunch?
MR. GRAGG: I don't know. Take the usual
hour.
(Recess taken, 12:04 p.m. to 1:10 p.m.)
Q. (BY MR. CAL) Mr. Moisan, you ready?
A. Yes.
Q. You're still under oath, sir, you
understand?
A. I understand.
Q. This morning we looked at a couple of
e-mails with some attachments that Mr. Anderson
circulated in September 2007. You remember that?
A. Yes, I do.
Q. And I think you testified that based upon
Page 117
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A. I would have to look. I know that the

descriptions of what I was doing was on my timecards
and I would have to look to accurately answer that
question.
Q. SO if your timecards are filled out
correctly, there's going to be some sort of 801 code
that we could look at to see which time was for
Robinson & Sons and which time was for Robinson
Construction?
A. And/or a description of who or what I was
doing during the time that was on that timecard.
Q. SO now we also have to look at the
description? And would someone in accounting know
whether or not this description is something you did
for Robinson & Sons or something you did for Robinson
Construction?
A. They would have to read it.
Q. (BY MR. CAL) And what type of work would
they know should go to Robinson Construction and what
type of work would they know should go to Robinson &
Sons?
MR. BERNSlEIN: Object to form.
Q. (BY MR. CAL) Would it say this is
Robinson & Sons?
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your review of the attachments, you did not believe

that Mr. Anderson informed the roles of Robinson
Construction and Robinson & Sons in the project; is
that correct?
A. That is correct.
Q. Tell us please the role -- the relative
roles of Robinson & Sons and Robinson Construction in
the projects.
A. Robinson Construction was purely the
contracted company for the purposes of building
infrastructure and streets on the three projects.
Robinson & Sons is an investment vehicle for Randy
Robinson and his family to make investments in
long-term projects.
Q. And that was the role on this project up
in Hayden also; is that correct?
A. Robinson & Sons' role, yes, it would be a
long-term member of the group for Randy Robinson's
family.
Q. What was Robinson Construction's role?
A. Just contractor.
Q. You know, in minutes of the meetings of
MAPI and Mr. Anderson's e-mail, I mean, rarely do I
see reference to Robinson & Sons. The references are
always to Robinson Construction.
30
1161
.:
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~:
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4/25/2008
Page 120;
A. Uh-huh.
Q. During the time you participated, did you
ever correct anyone and tell them that they were
misspeaking when they referred to Robinson
Construction, when they should have been referring to
Robinson & Sons as the member?
A. Robinson Construction is who is owed
$5 million. So that is obviously the company that it
has in the topics.
Q. (BY MR. CAL) I understand that, but what
my question to you was is, did you ever correct anyone
when they misspoke and referred to Robinson
Construction instead of Robinson & Sons?
A. Yes.
Q. Okay. Tell me about that.
A. During the formation of MAPI and the
beginning structures of this company -- of the
Colorado companies, I was very clear that Robinson &
Sons was the member of the new entities, Robinson
Construction was the contractor involved in the
project. Although I don't recall specific dates and
times, that was defInitely spelled out.
Q. Did you at sometime receive minutes of
meetings held by MAPI?
lowed Robinson Construction $5,181,000. There was no

2 correction needed.
3
Q. In the e-mails that we are talking about,
4 the e-mails of September 2007 with the attachments -5 you remember which ones I'm talking about, right? You
6 want to take a look at them? Why don't we start with
7 Exhibit 5. Why don't you get Exhibit 5 in front of
8
you.
9
A. Okay.
10
Q. When you looked at Exhibit 5 this morning
Page 119
Page 121
A. Not until June of 2007.

2
Q. Okay. Beginning in June of 2007, when
3 references were made to Robinson Construction where it
4 should have been to Robinson & Sons, did you ever
5 request a correction to the minutes?
6
A. What references?
7
Q. Do you remember references in the minutes
8 to Robinson Construction when it should have been
9 referred to as the member, Robinson & Sons?
l O A . No. I'll definitely answer whatever
11 references -- or to whatever references you want to
12 speak about.
13
Q. No. I want to ask you -- okay. I'm
14 asking you about times when you made corrections for
15 when the reference should have been to Robinson &
16 Sons, and you're telling me about those times, right?
17
MR. BERNSTEIN: Objection to the form.
18
A. I'm not saying that there are any times
19 from June 30, 2007, because I don't have the documents
2 0 in front of me; but if you're speaking to a specific
2 1 reference, I will definitely speak to that.
22
Q. (BY MR. CAL) Right now I'm not speaking
23 to a specific reference. Did you correct Mr. Anderson
24 in September 2oo??
25
A. In 2007 Mr. Anderson acknowledged that he
1
~~ :~E:i;~~=~:~~~1
14
A. That is what I said.
15
Q. And that's based on what on the
16 attachment that is incorrect?
17
A. I don't believe that that statement was
18 made because of this attachment.
19
Q. SO is this attachment correct then?
20
A. With respect to what?
21
Q. Take a look at Exhibit 6 then. Okay. Is
I
I;,
j
I
II
"-
*~
i'
!:
.,:1.1:
.
;:
22 this the one where there's a mistake?

A. Robinson Construction on this document is
24 referred to as partner, which is not correct.
25
Q. And the partner should be who? Who
23
il
~.
:::
should it?
A. The title of this is Summary of Due to:
Loans. Robinson Construction is clearly owed
$5,181,572. In this memo that is not incorrect.
Q. SO Robinson Construction should be in the
lower box; is that what you're saying?
MR. BERNSTEIN: Object to the form on
that.
A. I didn't create the box.
Q. (BY MR. CAL) You see -A. I don't know what Don Anderson is trying
to do here.
Q. Did you testify this morning that
Mr. Anderson -- based on looking at this chart, you
said Mr. Anderson didn't understand the role of
Robinson Construction, right?
17
A. Based on the fact that here it says, "Sum
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~~~:~=;. Partners," and Robinson Construction is
20
Q. Did you correct Mr. Anderson?

A. I didn't respond to this.
Q. Did you ever have a call with him about
21
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I
.,.,:
,1
it?
A. There's a lot of calls.
O. This memo would have corne UP in a
31 (Pages 118 to 121)

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discussion, right?
1
Q. Do you recognize the handwriting?
*
A. This memo is an acknowledgement of debt.
2
A. Yes.
Q. Okay. I'd like you to answer the
3
Q. Whose handwriting is that?
questions I'm asking you. I didn't ask you whether
4
A. That is my handwriting.
this memo is an acknowledgement of debt, but did you
5
Q. SO you wrote "promissory note" on the
have conversations with Mr. Anderson concerning the
6 document; is that correct?
facts reflected in this memo?
A. I'm sure that we had conversations about
this memo.
Q. Did you tell Mr. Anderson that he was
10 "acknowledgement" on the document?
II
incorrect in listing Robinson Construction as a
11
A. No, it is not. Is there a deed of trust
partner?
12 put in place on this? Is it executed?
A. No, I did not.
13
Q. I guess didn't your lawyers prepare you
Q. Did you tell Mr. Anderson that he was
14 for this examination?
incorrect in referring to Robinson Construction as
15
A. Yes, they did.
having made a contribution to MAPI?
16
MR. GRAGG: Don't answer.
A. No, I did not. Is this a binding
17
Q. (BY MR. CAL) Did your lawyer explain to
document?
18 you who gets to ask the questions and who answers
Q. Now, I'd also like to talk some about
19 them?
what happened after the promissory note was executed 20
MR. BERNSlEIN: Objection, don't answer
and the fmancing from Vectra was obtained. Based on 21 that question.
the execution of the promissory note and based on
22
Q. (BY MR. CAL) Got testy over lunch, d i d l
fmancing being obtained from Vectra, Robinson
Construction decided to continue to work, correct?
A. Based on an acknowledgement of $5 million
: ool!~~:~~~~=~~~~:~rd I
Page 123
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4/25/2008
due to Robinson Construction, Robinson Construction

continued work.
Q. Okay. This document that says
"promissory note" on it, would you like it better if
it said "acknowledgement" on it?
MR. BERNSlEIN: Objection as to form.
A. I'm not going to answer what I would like
better. I don't know what I would like better.
Q. (BY MR. CAL) Did you try to get a deed
of trust for an acknowledgement?
MR. BERNSlEIN: Objection as to form.
A. Is that not what a deed of trust is?
Q. (BY MR. CAL) Well,lookatExhibit7.
Okay.
A. Deed of trust is somebody acknowledging
that they owe money, right?
Q. It's more than that.
A. Okay.
Q. Look at Exhibit 7.
A. Okay.
Q. You see where it says, "Promissory
note"-A. Yes.
Q. -- in handwriting?
A. Db-huh.
~: YOU?~:::~s=:Th~eoo=n~~~::251
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ad hominem comments you're throwing out at the

witness, Peter, are inappropriate. If they continue,
we can do this in front of the judge at some later
date.
MR. CAL: Would you mark these two
documents.
MR. GRAGG: November 14 is eight?
MR. CAL: Yes.
MR. GRAGG: 3/8/07 is nine.
MR. CAL: Yes.
(Deposition Exhibits 8and9 were marked.)
Q. (BY MR. CAL) Let's begin with Exhibit 8,
Mr. Moisan. Have you seen this document before today?
A. I'm familiar with the invoice, not the
breakdown.
Q. SO you say you're familiar with the
invoice. Does that mean you have seen this document
before today?
A. Yes.
Q. Okay. When you say you're not familiar
with the breakdown, you mean the itemization of the
interest?
A. Yes.
. O. What's this invoice represent?
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1
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A. This invoice represents interest 00 Page 126

$5 million.
Q. Is Robinson expecting to be paid for this
invoice?
A. At the time that we billed it, yes.
~ Coos~!~~i~':=~=~poo?
9
Q. That's the promissory note you're
1 0 referring to, Exhibit 7?
11
A. The unexecuted promissory note, yes.
12
Q. You say "the unexecuted promissory note."
13 Do you know whether there's a promissory note that
14 Mr. Robinson signed?
15
A. No.
16
Q. You know or you don't know?
17
A. Maybe I should have the question repeated
18 back.
19
Q. Did Mr. Robinson ever sign this
20 promissory note?
21
A. No.
22
Q. He did not. Why not?
23
24
A. I can't speak for Randy on that.
25
Q. (BY MR. CAL)
you ever speak
1-----.;:,;....~
_'__Did
_At.
'O";'.;.;.....with
1 recalI going after what was to he a second rn:g:f

2 trust and an executed agreement as part of my job.
3
Q. Now, were you aware that this promissory
4 note indicates that there is 0 percent interest until
5 maturity?
~ say~,,2:.~~:;;/
it
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says that right where
A Right
Q:
It say~, "I agree to pay interest on the
I
."
Ii
Page 1291;
Q. SO you have a promissory note -- I want

to make sure I understand. You have a promissory note
that you refer to as an acknowledgement of a debt
that's owed to you and based on the acknowledgement
A. I don't recall the specific conversation,
you were willing to continue to go forward and keep
but I explained to him the manner in which it was
working, correct?
presented at the meeting and it's what we had. It's
A. Uh-huh. Yes.
what we were getting back from them in answer to how
Q. And the promissory note says you're not
8 they were going to pay the debt.
9
Q. How did Mr. Robinson respond?
9 going to get interest until June 30, 2007, correct?
l O A . Randy wanted to try to make the project
l O A . Correct.
11 successful and gave me direction to continue moving
11
Q. But then you decide to playa little
12 forward with the project.
12 shell game with the corporate structure and charge
13 interest for Robinson Construction under the
13
Q. Did he tell you to try to go get that
14 construction contracts; is that right?
14 second deed of trust?
15
MR. BERNSTEIN: Object to the form of
15
MR. BERNSTEIN: Objection as to form,
16 that question. I would ask counsel to rephrase it.
16 asked and answered.
17
A. No, we didn't playa shell game. Can you
17
A. I don't recall that specific
18 please rephrase the question.
18 conversation.
19
Q. (BY MR. CAL) You've been well-coached.
19
Q. (BY MR. CAL) You told us that you tried
20
MR. BERNSTEIN: I object to that comment.
2 0 to get the deed of trust signed three different times,
21 right?
21 Why don't you ask a question.
22
A. I did.
22
MR. CAL: Your objections are to form and
23 foundation and limit it to that, Mr. Bernstein.
23
Q. Was that at Mr. Robinson's direction?
24
MR. BERNSTEIN: Don't tell me what to do.
24
A. I don't recall a specific conversation
O. (BY MR. CAL) Whv did vou char!le interest
25 between Randv and I where he wanted me to !let that. I 25
Mr. Robinson about this promissory note?

A. Yes.
Q. What did you speak with him about?
'
~'": ;
outstanding principal balance from August 17, 2006, at

the rate of 0 percent per year until June 30, 2007."
t
Do you see that?
I
A. Yes.
~]
Q. SO what's the basis for sending an
j;
invoice in November of 2006 that charges interest on i
the $5 million?
MR. BERNSTEIN: Objection as to
foundation.
A. We had construction contracts that allow
for interest in place on the project.
Q. (BY MR. CAL) What's the rate of interest
in the construction contracts?
A. We would have to verify by looking at
one,
but
I believe it's 12 percent.
_+---.:.--.;...;..-------&.----------_1;.
Page 127
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~;
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in November of 2006 when the note indicated that there

should be no interest?
A. Because the note was never completed and
between the time of the note there was an operating
agreement that was executed between all partners in
MAP!. There was also an advancement of money that was
being made against the construction contracts for
amounts due. And the unit purchase agreement had not
been executed for the company, and at that point in
time it was decided that the only real valid
agreement, once again, was back to the construction
contracts, because the other parties were not
following through with what they had agreed to do on a
memorandum of understanding on March 21, 2006.
There's a lot more going on than just the promissory
note at the point in time that you are accusing us of
playing shell games.
Q. SO in November 2006, according to you,
the only valid contract is the construction
agreements; is that correct?
A. I need to hear that again. Repeat that.
MR. CAL: Read his answer and then my
question, please.
(The testimony on page 130, lines 3
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through 20, was read back as follows:

Answer: "Because the note was never
completed and between the time of the note there was
an operating agreement that was executed between all
partners in MAP!. There was also an advancement of
money that was being made against the construction
contracts for amounts due. And the unit purchase
agreement had not been executed for the company, and
at that point in time it was decided that the only
real valid agreement, once again, was back to the
construction contracts, because the other parties were
not following through with what they had agreed to do
on a memorandum of understanding on March 21,2006.
There's a lot more going on than just the promissory
note at the point in time that you are accusing us of
playing shell games."
Question: "So in November 2006,
according to you, the only valid contract is the
construction agreements; is that correct?")
Q. (BY MR. CAL) The question is pending,
Mr. Moisan.
A. Can you clarify what you're pertaining
to? Are you talking about just the construction
project or are you talking about the whole entire
entitv?
Q. Sir, I'm referring to the prior answer

that you gave immediately before my question that was
just reread to you.
I:
A. The construction contract.
~
Q. SO your testimony that the
:
construction -- you said it was decided that the
lj
~ ~~~~~:~~~~:::o:;~ ~~~~~~~:~e:::~~
testimony.
l O A . Yes, the construction contracts were the
11 valid agreements in place.
~~ Place~' Were there any other valid agreements in
9
H 2: ~~=':;:=~
valid?
,
I
jl
ji
H:ee~;:~~~F.~:::=~?
20
MR. BERNSTEIN: I'm going to object t o .
21 the form of the question. Calls for a legal
2 2 conclusion.
23
Q. (BY MR. CAL) Would you answer the
24 question, please.
,i,ii,"I.
25
A. The other a1Ueements that were pending

Page 133
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were not executed at that time.

Q. SO you don't view those as valid; is that
correct?
A. That is correct.
Q. But the only one who hadn't executed the
promissory note was Mr. Robinson, right?
A. Mr. Robinson did not execute the
promissory note.
Q. But it was executed by the other parties
to it, right?
A. No, because they never provided a fIrst
trust deed or second trust deed as mentioned in the
promissory note.
Q. And those were what you kept on trying to
get, right?
A. That is correct.
Q. And you understood -- okay. So the
$5 million that you charged in interest, who decided
what interest rate to use?
A. I believe in this case Randy Robinson
decided what the interest was.
Q. SO he got to decide whatever he wanted?
Q. (BY MR. CAL) Where did he pull
10 percent from? Do vou know where he !lot the
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10 percent from?
A. No.
Q. Take a look please at what's marked as
Exhibit 9. When you have a chance to look at
Exhibit 9, tell me what you think that is.
A. Okay.
Q. What is it?
A. It's another invoice on interest for
$5 million.
Q. Had you seen this document before today?
A. The invoice, but again, I didn't review
the spreadsheet.
Q. Were you supposed to try to collect on
these invoices?
A. We created them with the intent to
collect on them.
Q. What discussions did you ever have with
anyone at MAPI concerning getting paid on these
invoices?
A. The discussions with MAPI -- or when you
refer to MAPI, I'm going to have to defer to
conversations with Don Anderson, because he was -during this time frame that we're discussing, he was
in control of that, and the discussions were as a
whole overall getting paid, not necessarily just
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specifically invoice by invoice. My discussions were

with him, are we going to get paid for this money.
Q. Which money?
A. The entire balance due Robinson
Construction.
Q. Well, under the promissory note you
weren't going to get paid the $5 million until June 1
of 2007, correct?
A. Correct.
Q. SO you weren't owed money on June 1,
2007, for that $5 million, correct?
A. We were still owed $5 million.
Q. (BY MR. CAL) Under the promissory note?
A. The promissory note was never executed
and completed.
Q. But you wanted to go get deeds of trust
for an unexecuted and incomplete document, huh?
That does not reflect what his testimony is.
MR. CAL: Do you want to make another
objection to help him out a little more?
MR. BERNSTEIN: I'll make as many as I
need to make based upon what your questions are.
O. (BY MR. CAL) Do vou have an answer to
the question, sir?

A. Promissory note was never executed,
therefore we were due $5 million.
Q. Why did you keep on trying to get the
deed of trust?
A. Because we clearly had not been paid
$5 million.
Q. Do you remember there being some dispute
~ :~=rE~4!;~~~~SOOoffro~1
.:.
::,1,1
1.
14 Construction to get paid.

15
Q. SO it's your position that -- because
16 this promissory note was never executed, is it your
1 7 position that MAPI was in breach of its obligations
1 8 under the construction contract?
19
A. Our construction contract was with 4S
20 Development and Colorado Oasis and Grassy Creek.

21
Q. SO is it your position that those
22 companies were in breach of their obligations under
23 the construction contracts?
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25
Page 135
Page 136'
Page 134
MR. BERNSTEIN: Object to form.

A. Those companies were in breach of the
Page
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13711
construction contract.
Q. (BY MR. CAL) They were as of
October 2006?
A. Yes.
Q. Have you ever seen Exhibit 10 before?
A. Yes, I have.
Q. When was the last time you saw it?
A. 10/3/06.
Q. Pardon me?
A. I signed it on 10/3/06.
Q. That was the last time you saw it?
:::
A. I have seen it in preparation putting
documents together in the last few months.
::
Q. Okay. Now, I want you to look at the
fIrst page of the document and I want you to see where ,I,;
it says, "AlA Standard Form of Agreement Between:,
Owner, and Contractor, dated June 19, 2006." You see ~i
that? You see where it's defmed construction
contract?
A. Yes.
Q. And it's referring to construction
contract with 4S Development, correct?
A. Uh-huh. Yes.
O. And now I'd like vou to gO to the Dage
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that has -- the page more or less halfway through the

document that has VB 01904 on it.
MR. BERNSTEIN: What page? I'm sorry,
Peter.
MR. CAL: 1904.
Q. (BY MR. CAL) Are you on that page?
A. lam.
Q. That is your signature on the page?
A. Yes.
Q. Okay. Do see where it says, "The
undersigned hereby certifies to Assignee and agrees
that"? Read No.1 out loud, please.
A. "The Construction Contract is in full
force and effect and no breach or default exists under
the Construction Contract and no event has occurred
and no condition exists that, after notice or lapse of
time, or both, would constitute a breach or default
under the Construction Contract."
Q. You provided false information to Vectra
Bank; is that what your testimony is here today?
A. I testified today that the construction
contract was in default.
Q. (BY MR. CAL) As of October 1, 2006,
correct?
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A. That is correct.
Q. The promissory note wasn't signed on
October 1, 2006, right?
A. No, it was not.
Q. SO Robinson Construction, according to
you, had not been paid on October 1, 2006, correct?
A. That is correct.
Q. Do you think Vectra Bank would have liked
to have known that before it made its loan?
MR. BERNSTEIN: Objection. I think we
can hear you also in your normal voice. Don't answer
the question.
MR. CAL: What's the basis for directing
him not to answer the question?
MR. BERNSTEIN: The form of the question.
How does he know what Vectra Bank -MR. CAL: You have the right to direct
the witness not to answer based upon an objection to
form?
MR. BERNSTEIN: And your tone, Mr. Cal.
You can quit with the dramatics and theatrics here and
ask him the question. You don't need to be raising
your voice to him.
MR. CAL: You have no right to direct the
witness not to answer because vou don't like the tone
~~ ::~~Faf;j:::::
18 answer my questions at this examination, sir.

19
A. I don't know what Vectra Bank would have
2 0 liked to have done.
21
Q. Do you know that this was being provided
2 2 to Vectra Bank?
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Page 139
of my voice.
MR. BERNSTEIN: That's fme. Then ask a
question that is not objectionable. That question was
objectionable.
MR. CAL: You have no right to direct him
not to answer a question based upon an objection to
form. You know better, Mr. Bernstein.
MR. BERNSTEIN: You know better than to
ask him what is on your client's mind.
MR. CAL: Would you read back my last
question to the witness, please.
follows: "Do you think Vectra Bank would have liked .
A. Yes.
Q. You did know that, correct?
A. Yes.
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Q. Okay. Read No.2 on page 1904, please.

A. "All conditions precedent to the
obligation of the undersigned to perform pursuant to
the Construction Contract have been fully satisfied."
Q. Was that statement true when you made it?
A. No.
Q. No.3, read that one, please.
A. "The undersigned will notify Assignee in
writing in the event of any breach or default by
Assignor under the Construction Contract."
Q. Prior to commencing litigation, did
Robinson Construction ever notify Vectra in writing of
a breach or default by 4S under the construction
contract?
A. No.
Q. Mr. Bernstein has been complaining a
little bit about my tone of voice here. Does
Mr. Robinson tend to raise his voice during
conversations with others?
A. With people that owe him $5 million, yes.
MR. GRAGG: Can we take a five-minute
break? Seems like a natural break in your questions.
Can we take five?
MR. CAL: Sure.
(Recess taken. 1:45 p.m. to 1:55 p.m.)
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(Deposition Exhibits 11 and 12 were

marked.)
Q. (BY MR. CAL) Mark that as 11 and this
one 12. Mr. Moisan, have you had an opportunity to
look at what's been marked as Exhibit II?
A. Yes, I have.
Q. Do you recall having seen this e-mail
before?
A. Yes.
Q. Do you recall having seen it back in the
October 2006 time frame?
A. Yes.
Q. And do you recall the discussions that
are referenced in this e-mail?
A. Yes.
Q. And why was it that Mr. Robinson was
coming to Hayden, Colorado, on October 27, 2006?
A. He wanted to discuss the payment
activities and get an understanding of where the
project was at.
Q. You sent this e-mail; is that right?
A. That is correct.
Q. You sent the e-mail that is at the bottom
in this string, the October 24,2006, at 5:18 p.m.,
correct?
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A. Correct.
Q. And in terms of the payment, which

payment did he want to discuss?
A. He was wanting to discuss the overall
balance between all three projects.
Q. SO that includes the $5 million, that
acknowledgement in the promissory note?
A. That is correct.
Q. Did you ever inform Don Anderson that it
was Robinson Construction's position --let me put
that in a time frame. In October 2006 did you inform
Don Anderson that it was Robinson Construction's
position that the promissory note was not valid?
A. I don't recall having that specific
conversation with him.
Q. Okay.
A. I recall asking him for trust deeds.
Q. Asking him for what?
A. The trust deeds that were called out.
Q. But those deeds of trust would not have
given Robinson Construction a lien on the 42 acres
that were subject to the Vectra lien; is that correct?
A. I'm not sure I understand what you're
asking.
Q. Remember the oromissorv note has a minus
!I:::
42 acres?
A. Yes.
Q. SO the deed of trust could not include

those 42 acres; is that correct?
A. That is correct.
Q. Okay. The e-mail that you sent, you sent
it on behalf of RK Enterprises, LLC and Robinson
Construction Company?
A. That is correct.
Q. Why did you send it on behalf of RK
Enterprises, LLC?
A. At that time I was working quite
substantially for RK on the -- on another project and
so I had a signature in my e-mail that addressed RK
Enterprises as well as Robinson Construction Company.
Q. Which other project was that?
A. Moses Lake property.
Q. SO this was supposed to be your signature
for the Moses Lake job?
A. Just a signature in my e-mail.
Q. Now, you see in the top e-mail Bob Keys
is sending an e-mail to you, correct?
A. Correct.
Q. And he's copying Don Anderson and Paul
Doughty. I'm sorry. It's going also to Don Anderson,
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Paul Doughty, and Ron Sills, correct?

A. Correct.
Q. It's being copied to Ryan Barackman. Is
he the -- is that right?
A. He's the project manager, yes.
Q. He's a project manager on the Hayden
projects?
A. Yes.
Q. Who's Angel Torres?
A. She's my administrative assistant.
Q. Okay. Do you know what the e-mail is
that he's referring to, "I left you an e-mail on my
laptop but not sure it went"? Do you know which
e-mail he's talking about there?
A. I'm not sure what e-mail it is.
Q. Do you know whether it's been produced to
us?
A. I don't know.
Q. Do you know -- do you recall what he said
in the e-mail?
A. No.
Q. You don't?
A. I'm not sure what e-mail this is that
he's referring to.
O. Now he savs he's frustrated with the
Ii
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~: ~ checkto
'4B
he
:::1
Randy is talking
MR. BERNSTEIN: Object to the form. Go
I
~
Page 1491
1
2
A. I'm not sure.
3
Q. (BY MR. CAL) Were you in on a telephone
4 conversation that involved -- about this same time
5 that involved both Mr. Robinson and Mr. Anderson and
6 Mr. Keys?
7
A. I was not.
8
Q. Was there a conversation that you're
9 aware of that you were not a participant in?
l O A . I don't know. I'm not sure.
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Q. When you got this e-mail, did it come out

of the blue and you had no clue where this was coming
from?
A. The e-mail is a response to my e-mail
that I sent that Randy Robinson had instructed me to
inform everyone that he was going to be in Hayden and
we were going to be there to discuss payment.
Q. What's it mean, "It's also not fair for
Randy to bear the brunt of the risk without
communication"? Do you know what he means there?
A. I'm not sure what Bob was trying to get
across.
Q. Now, it says, "I was told Don had told
you what the check to Randy was going to be and their
was a communication breakdown." You see that?
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whether or not we actually had the meeting. I know

that I was in Hayden, Colorado.
Q. You were or were not?
A. I was. I don't remember if all of the
partners actually ended up meeting.
Q. How frequently did Mr. Robinson come to
Colorado?
A. He was in Colorado every week at the same
time that I was, and we flew together, so he was here
every week.
Q. SO Mr. Robinson would have been in
Colorado the week of October 24, 2oo6?
A. That is correct.
Q. Do you know whether there was ever this
partners meeting in Las Vegas in the frrst week of
December?
A. We did not have a partners meeting in Las
Vegas.
Q. Did you have it somewhere else?
A. This meeting that's referred to never
happened.
Q. Okay. So how was the issue resolved?
A. Robinson Construction received checks at
or around or shortly after this time, this date.
O. And those checks were Davment for what?
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1
A. Construction activities, pay
2 applications.
3
Q. And those checks were actually applied
4 for the pay application subsequent to pay applications
5 1, 2, and 3 by Robinson Construction; is that correct?
6
A. That is correct.
7
Q. SO Robinson Construction received payment
8 in October 2006 and applied those to pay applications
9 4 and 5; is that correct?
l O A . That is not correct.
11
Q. Okay. Correct me. Tell me what the
12 right answer is.
13
A. Applications for payment No.4 and 5 were
14 paid in September.
15
Q. We'll have to take a look at the checks
16 later. The payments that were received in -- you're
1 7 saying four and five were paid by checks received in
18 September?
19
A. That is correct.
20
Q. We'll look at the checks later. What's
21 the Fossil house?
22
A. That's a house that Bob and Randy owned
23
together. It's just a vacation property.
24
Q. And then he says, "I will be at the
25 Fossil house if any of the above needs discussing
Page 152
about MAPI; but the promissory note did not come up ~

.:~
specifically, as far as you know?
.
il
A. As far as I know, it did not come up
specifically.!
Q. Can you remember anything more specific
!!
about discussions concerning MAPI other than this hangl
in there, rah rah, we'll get the financing?
8
A. No.
9
Q. That's as much as you can remember?
l O A . Uh-huh.
11
Q. Where did you guys hunt?
12
A. Outside of Fossil, Fossil, Oregon.
13
Q. Take a look please at what's marked as
14 Exhibit 12. When you've had a chance to review that
15 e-mail, let me know and I'll ask you some questions.
16
A. Okay.
17
Q. SO this is an e-mail that Mr. Anderson is
18 sending to Randy Robinson; is that correct?
19
A. That's correct.
20
Q. It's also being sent on October 24, 2006;
2 1 is that correct?
22
A. Yes.
23
Q. And it's just a little bit after the
24 exchange of e-mails that we saw in Exhibit 11; is that
25 correct?
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Page 151
prior to my seeing you this weekend." Now, does he

mean seeing you personally, you and Mr. Keys getting
together that weekend?
4
A. Yeah, elk hunting season.
5
Q. Pardon me?
6
A. Elk hunting season is end of October.
7
Q. SO you and Mr. Keys went elk hunting?
8
A. Yes. Randy did, too.
9
Q. This weekend?
l O A . Uh-huh.
11
Q. SO who else went on this elk hunting
12 trip?
13
A. Just Randy and Bob and I.
14
Q. What did you talk about as it relates to
15 MAPI on this elk hunting trip?
16
A. Bob talked to Randy about just, you know,
1 7 hanging in there, keeping going, don't worry about it,
18 fmancing will come, it's all going to work out.
19
Q. SO did Randy tell Bob that he was not
20 signing the $5 million prornissory note?
21
MR. BERNSTEIN: Objection to form.
22
A. I don't recall specifically having a
2 3 conversation about the promissory note while we were
24 elk hunting.
25
O. (BY MR. CAL) So there were conversations
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A. It's actually before my e-mail to BO:.
SQny~~o!~::mloonng milie
wrong
3
15
oore.
A. Yes, you're correct.

Q. It's basically about the same time?
A. Little after.
Q. SO one would think that maybe these two
e-mails are both talking about the same conversation,
huh?
A. Yes.
Q. Okay. But this is a conversation you
don't think you participated in?
A. No, I was not involved in this
conversation.
Q. Now, did Mr. Robinson tell you about this
conversation?
A. No. Randy called me, told me to send an
e-mail out that we were stopping work and we needed to
meet with everybody. That's what I did.
Q. Okay. Do you see where Mr. Robinson
forwards -- Mr. Robinson -- I assume JoAnn Randall is
Mr. Robinson's executive assistant?
A. Yeah. Randv doesn't l!et e-mail.
"
lj
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Q. He doesn't read his e-mail?

A. No.
Q. Doesn't send e-mail?
A. No. He's a phone-call guy.
Q. Fair enough. But JoAnn Randall is
Mr. Robinson's executive assistant; is that right?
A. At that point in time, yes.
Q. At that point in time. So Mr. Robinson
would have instructed JoAnn to send this e-mail to
you, right?
A. Yeah. I get copied on all of Randy's
e-mail.
Q. It says, "Kirk, have you seen and handled
this yet?" How did you know how to deal with this if
you were not aware of the conversation that took
place?
A. She was a few days behind and the e-mail
that took care of it was Bob's e-mail back to me, and
I think the issue just pretty well died. I never
asked -- or entered into conversation with Randy
Robinson about what he did or what he did not tell Don
Anderson. It did not seem like there was a point to
that.
Q. Did you ever have a conversation with
Mr. Anderson about this e-mail that he sent through
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A. Don never brought it up either.
Q. SO you pretty much ignored Mr. Robinson's
instruction here?
A. What instruction?
Q. Handle this. He says, "Have you seen and
handled this yet?"
A. That's not Mr. Robinson's instructions.
That's his executive assistant sending it to me asking
if I knew about it -Q. SO you don't think -A. -- and done anything with it.
Q. You didn't take this as a message that
Mr. Robinson's executive assistant is sending on his
behalf?
A. Yes. She's forwarding it to me on behalf
of him, but there's no direction here for me in this.
Q. There's nothing indicating that you
should take care of this?
A. She sent it three days later when we were
supposed to be meeting him. That's why I'm saying -Q. Three days later when you were supposed
to be meeting who? How did you deal with
Mr. Anderson? I don't think Mr. Robinson probably
liked Mr. Anderson's e-mail to him.
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Q. (BY MR. CAL) Did you tell Mr. Anderson
he shouldn't be sending these kind of e-mails to
Mr. Robinson?
A. No.
Q. SO in the time you've spent in the
construction industry, you've become familiar with
lien waivers; is that correct?
A. That's correct.
Q. And Robinson Construction tries to get
lien waivers from its subcontractors; is that correct?
A. That's correct.
Q. Why does Robinson Construction get lien
waivers from its subcontractors?
A. So that there's an acknowledgement and
receipt of payment for services provided.
Q. To make sure that the subcontractor is
precluded from executing or pursuing liens, correct?
A. Correct.
Q. And does Robinson Construction include
lien waivers in its pay applications?
A. Yes.
Q. And are parties entitled to rely upon
;: iliose~~;;~~~~~:~:~:age
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A. Not particularly, no. Not all the time.

Occasionally.
Q. Take a look, if you could, there's a page
No. ROBCON 00119 and that's for pay application
No. 12. Are you there?
A. 119?
Q. Yes. You see where the ROBCON numbers
are that says oo119?
A. I'm not fmding 119. I might have pulled
that. No, I don't have 119.
MR. HENDRICKSON: They're in time order,
but I don't think the page numbers -- I don't think
the Bates labels are in chronological.
Q. (BY MR. CAL) I'm going to try to help
you so we can get to the page I want. So you're on
the document that's got the number ROBCON oo119?
A. Yes.
Q. And that says pay application No. 12,
correct?
A. Yes.
Q. And it's invoice No. 69613; is that
correct?
23
A. Yes.
24
Q. Let's just go through this. This is a
25 form pay application that Robinson uses; is that
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change order summary; is that correct?
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A. Correct.
..
Q. SO if there were -- the change order
summary would indicate that there had been no change ~
orders in this month; is that correct?
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right?
A. Yes.
Q. Does Robinson create this form?
A. It's a standard AlA form that is formed
in the computer system.
Q. SO it's a standard AlA form that Robinson
uses and keeps in its computer system?
A. That's correct.
Q. And does Robinson use this type of AlA
form for most of its jobs?
A. Yes.
Q. And the item No.1, original contract
sum. what does that reflect?
A. $5,896,259.
Q. SO that's supposed to be what the
original contract amount was?
A. Yes.
Q. And then it says, "Net Change by Change
Order." Is that supposed to reflect all additions and
subtractions by change order?
A. Yes.
Q. And so this indicates that there had been
$354,000 reduced by change order, correct?
A. Correct.
O. And that would be reflected below in the
Page 160
~ toget~e5e~E:~~~~~~~theo
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original contract sum and the
I
I!
A. Yes.
Q. What's the next item reflect?
A. Total completed and stored to date.
Q. What's that supposed to show?
A. All of the work that has been completed.
Q. What's the next item. retainage?
A. Retention is withheld from contractors
typically in case there's something that needs to be
done after the job is completed and the contractor
doesn't come back.
~.
Q. Retainage is in part to give the
~
contractor an incentive to come back and complete the ~
23 w o r k ? '
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A. Correct.
;:
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Q. And usually retainage, depending upon the
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contract, at some point after work is completed to a

certain percentage, the contractor is entitled to be
paid for retainage; is that correct?
A. Correct.
~ retain~~eS;o~~:~:e~~o~~~~:e~:tainage would I
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then be included in the item No.8 for the current

payment due; is that right?
A. Correct.
Q. Pardon me?
A. Correct.
Q. Okay. So now you get to item 6. It
says, "Total Earned Less Retainage." What does that
reflect?
A. The amount completed and stored to date
minus the amount held in retention.
Q. SO that would, in essence, reflect the
amount to which the contractor was entitled to be paid
prior to this invoice; is that correct?
A. Correct.
Q. And then item 8 is what they're owed for
this particular invoice?
A. Correct.
Q. And then the balance to fmish plus
retainaJ:!:e that shows the amount of work that still
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needs to be performed?
A. Correct.
Q. Okay. Now, you see to the right there's
an amount certified?
A. Correct.
Q. That's consistent with the current
payment due?
A. Yes.
Q. Now, there's no architect certificate on
this document. Why is that?
A. Because our company produced these
documents. Robinson Construction produced these
documents for your review and the architect-signed or
engineer-approved pay applications would be on file at
MAP!.
Q. Okay. And then up above where the
signature for Robinson Construction is, do you see
that?
A. Yes.
Q. Do you recognize whose signature that is?
A. It looks similar to the signature that
we've noted today is Kyle Palmer's signature.
Q. Okay. Andabovetherethecontractor,
Robinson Construction, states, "That all amounts have
been paid by the Contractor for Work for which
Page 1641~
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required for this pay application, right?

A. Correct.
Q. Okay. And so we see that there's general
conditions of $3,403.82 for that time period, right?
A. Correct.
Q. And how would that amount be calculated?
A. Based on billings or expenses for the
month for the time period.
Q. Okay. Then storm, Booco, there's a
deduction. Why is there a deduction there?
A. Booco would have given us a credit.
Q. SO Booco gave you a credit. Now, there's
something that says on the next page "site excavation,
$483.37," right?
A. Which page?
Q. It's numbered 121.
A. Yes.
Q. Okay. Then there's a line item for
profit, right, on the next page 122?
A. Yes.
Q. SO Robinson Construction is also charging
for a profit on this job; is that right?
A. Yes.
Q. SO if a representation were made to
Vectra Bank that Robinson Construction was performing
1-----"'---""-----------------+-----------------.....100----.;"'-1.*i
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isSU'::::
previous Certificates for Payment were

163
payments received from the Owner, and that current
payment shown herein is now due"; is that right?
A. Yes.
Q. What's that mean to you?
A. That means that we were certifying that
the work that is being asked to be paid for is
complete and that all of the amounts that we owe to
subcontractors and for suppliers for this amount and
previous have been paid.
Q. Okay. Take a look at the following page.
I think that's called the continuation sheet. Do you
see that?
A. Yes.
Q. Okay. So does this continuation -- tell
me what the continuation sheet should reflect.
A. Just schedule of values for the project.
Q. SO all the schedule of values for the
different sort of like line items for work that was to
be performed?
A. Yeah. So that the owner or architect
could have the opportunity to verify the percentage
complete on the overall project.
Q. And then this would also reflect under
column E the SDecific amount of work that's beinQ:
165
its work at cost. would cost include profit? Page

2
A. Robinson Construction did not make t h a t :
3 representation to Vectra Bank, and it was clear from
4 the very beginning Robinson Construction would do this!
5 job for cost plus a percentage of profit and overhead.
..
6
Q. SO to the extent Mr. Doughty provides
7 information that says Robinson Construction is
8 performing work at cost, that information would be
9 incorrect; is that what you're saying?
l O A . Yeah. I'm unaware of what Mr. Doughty
11 gave to Vectra, and that representation would be
12 incorrect.
13
Q. Any representations on loan applications
14 relating to these jobs that say that Robinson
15 Construction is performing its work at cost are
16 incorrect?
17
18
A. I'm not sure what you're referring to.
19 Can I have your question repeated again.
20
MR. CAL: Would you read that one back to
21 him, please.
22
23 follows: "Any representations on loan applications
24 relating to these jobs that say that Robinson
2 5 Construction is performing its work at cost are
1
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incorrect?")
A. Unaware of the representations, but if
that statement is true, then I would agree with you.
Q. (BY MR. CAL) So you're not aware of it;
but if a statement were made, that's a false
statement?
A. Correct.
Q. Okay. Take a look please at the page
that's marked 123. And I'd like you to review the
conditional release, read that through, and then tell
me when you're done. I'm going to ask you some
questions.
A. Okay.
Q. SO you've read that now?
A. Yes.
Q. Have you read that language before today?
A. Yes.
Q. Doesn't it mean that if Robinson receives
a check from 4S in the amount of $2,245.67, that
Robinson is releasing all rights to assert liens that
it has?
MR. BERNS1EIN: Object to the form.
A. This means that upon the receipt of the
check for the amount drawn that we would release -Q. (BY MR. CAL) Wait. Just so we're on the
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~
A. I'm not in a position to give you a legal
il
opinion on what that says.
Q. (BY MR. CAL) It's not that hard to carve
out a specific time period if that's what you want to
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do, isn't it?
A. The pay application is for a period
ending December 31,2006.
~;j
:::
~~j
Q. Okay. Now, once you've had a chance to
look at Exhibit 14 let me know, please. I'll tell you
that these are a series of lien waivers that appear to
have been executed by Robinson's subcontractors. Do
~~
you see that?
A. Okay.
Q. Do you agree that these are lien waivers
~:
executed by Robinson's subcontractors for the Villages
*~:
of Hayden job?
A. Yes, they are.
;\j
Q. Now, let's look at the fIrst one. This
is a lien waiver that was executed by Connell
Resources, Inc.?
A. Yes.
II
Q. And Robinson would have required this and f
would have relied upon this lien waiver, correct?
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same page, receipt of the check in the amount of

2,245.67, correct?
A. That's correct.
Q. SO please continue.
A. -- would release any and all claims in
that amount on the project.
Q. Where does it say "in that amount"?
A. "This release covers a progress payment
for labor, services, equipment, and materials
furnished and/or claims through December 31,2006."
Q. "And does not cover any retention or
items furnished after that date"?
A. Correct.
Q. SO you're not releasing for your future
claim, but you've released for all labor, services,
equipment, and materials furnished through
December 31,2006. That's what it says, right?
A. In the amount of 22 -- $2,245.67.
Q. (BY MR. CAL) But you're adding that into
that sentence. That sentence does not say in the
amount of $2,245, does it?
Q. (BY MR. CAL) It just says for work
before December 31 2006 ri2:ht?
~~~.
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A. Correct.
I:
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Q. And the last page says, "This document
:::
may be relied upon Owner, Contractor, the landlord of
the Development in which the Project is located, any
:::.
lender providing fmancing," correct?
~.
A. Correct.
;~
Q. Now, let's look at the middle paragraph.
Here this paragraph reads, "This waiver and release is
effective as to a progress payment for labor,
services, materials, and equipment furnished and all
other claims by Subcontractor/Supplier and its
subcontractors and suppliers at all times during the
period commencing on and including September 1, 2006,
and ending on and including September 16, 2006, but
excluding retainage." Do you see that?
A. Yes, I do.
Q. SO very clearly anyone reading this
document knows that the release is covering the time
period September 1 through September 16; is that
right?
A. It's clear to me what the time frame is.
Q. (BY MR. CAL) But let's go back to the
conditional release for Robinson. That would be
Exhibit 13 on na2:e 123 that we were looking at. Where
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in this lien waiver is it clearly stated that this

release is covering only a specific time period?
A. Time period just states, "December 31,
2006."
Q. Well, it says, "Materials furnished
and/or claims through December 31,2006, only and does
not cover any retention or items furnished after that
date." Did I read that correctly?
A. You did.
MR. BERNSlEIN: I object to that. You
did not read it correctly.
MR. CAL: You don't get to testify.
MR. BERNSlEIN: You left a word out, so
you did not read it correctly.
MR. CAL: Which word did I leave out?
Since you want to testify, go ahead.
MR. BERNSlEIN: It says, "This release
covers a progress payment for labor, services,
equipment." I don't believe you said "progress."
MR. CAL: Okay.
Q. (BY MR. CAL) Let's take a look at the
second page of Exhibit 14, please. That's the
subcontractor release. I'm going to try to move
along, so just focusing in the third paragraph, this
is a release that says, "By virtue of the materials,
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supplies, labor and/or goods furnished and relates

only to invoices from August 26, 2006 through
September 5, 2006, and as to no other materials,
supplies, labor and/or goods." Did I read that right?
A. You did.
Q. SO again, it's easy from reading this
lien waiver to understand it's a release for only a
very specific time period; is that correct?
Q. (BY MR. CAL) Would you agree with me?
A. I agree that it relates to the time
period stated.
Q. Okay. Good. Let's go back now, please.
I think I'm done with Exhibit 14. I'm going to focus
back on Exhibit 13 now. I think we were at page 123
when we stopped. That was pay application 12. Then
we get to pay application No. 13, but it's got the
Bates No. 111. Do you see that?
A. Yes, I do.
Q. Okay. So this is basically the same type
of document we just reviewed; is that correct?
A. You're on 112?
Q. Am I in the wrong place?
A. The pay app?
O. Yeah 112.
A. Okay.
Q. Math was never my good subject.
A. I'm trying.
Q. All right. So this is pay application
No. 13 for the period to January 31, 2007, correct?
A. Yes.
Q. And in this pay application we can see
that the retainage is now being reduced to
2.5 percent, correct?
A. Yes.
Q. And so that the prior balance that we saw
on the prior application No. 12, the retainage there
had been $231,000. It's now being reduced to
$119,000, correct?
A. Correct.
Q. SO that difference between the retainage
there is going to be now included in the current
payment due; is that correct?
A. Correct.
Q. And to see how much work was actually
performed during the time period for this invoice, we
could go again to the continuation sheets and get to
the bottom line in column E, right?
A. Yeah. You would add column E to your
retainage that's being released.
Page 173
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Q. SO you add the 134,000 and change in

column E added to the retainage and that's how we'll
come up with 246,000?
A. Doesn't seem like it adds up to me, but
that's what should have happened.
Q. I think it does. Prior retainage was
231, and retainage now is 119. So that's a difference
of about 120. If you've got 120 and you add in the
130, you get somewhere close to 250, right?
A. Correct.
Q. SO we're in the ballpark at least. Do we
agree probably?
A. In the ballpark, yeah.
Q. If we got a calculator, I bet it would
all work out; do you agree?
A. Yes.
Q. And this one also says the same as the
previous form, that all payment -- "that all amounts
have been paid by the Contractor for Work for which
previous Certificates for Payment were issued and
payments received from the owner." You see that?
It's above the Robinson signature.
A. Yes.
Q. Now, how does the general conditions
number all of a sudden in this l!0 to $96 000 -- what's
I*
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the explanation for why the general conditio::::':;

this time period is such a large number?
A. I would have to pull out the billing with
all the backup that went with this to tell you exactly
how we came up with $96,000.
Q. What does general conditions cover?
A. General conditions typically covers the
on-site facilities, job shacks, all of that, power,
any allowances that might be covered for travel,
subsistence, manpower-related type of expenses to get
people to the job. It's not uncommon for us to have
budgets with project managers and administrative
assistants, postage, delivery, office type of expenses
as well.
Q. On this job did Robinson bill for all the
perioAd
4/25/2008
.FeCbruo~ect2.
76
8, 2007, right?
Page 1
:,.,.1..
3
Q. And the total being requested here is
4 70,399.19, correct?
5
A. Correct.
6
Q. Let's go on. That one is -- we said it's
7 for the time period ending February 28. Let's go on
8 to the next pay application. rve got Bates No. 99.
9 It's pay application 15.
l O A . Okay.
11
Q. You see this is for the period to
12 August 1, 200n
13
A. Yes.
14
Q. SO does this indicate to you that between
15 February 28 that there was no work being performed byi
g::;t;::~~~:::::::~ ~~ ;;;?a~E::'::~~bcing :.,
,.,1"
20 conditions?
21
A. Labor would have been shown as a labor
22 item. Their expenses would have been shown in a
2 3 material-related column on a job cost report.
24
Q. SO rm wrong and that's not included
t-2_5_un_de_r...g,,-le_n_er_al_co_n_di_ti_0_n_s_?
20
Q. We just saw a couple back on pay
,
21 application 12 that Robinson would send out a pay
22 application for as little as $2,200, right?
23
A. That's correct.
24
Q. SO why did Robinson stop sending pay
-t-2_ 5_ . . ap
. Iu-,plli_c_ati_o_n_s_i_f_it_w_as_s_ti_ll""'pe_]r_ormt__n""'-gw_o_r_k_d_un_.ng~_--II
..
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A. I guess your question is correct. It

would have been billed as a general condition, with
the exception of labor.
Q. Okay. How did -- so Robinson -- again,
if we get back to Robinson, saying that if someone
represented that Robinson would perform the work at
cost, you think Robin -- if that were accurate, should
Robinson be getting paid for travel time and meals and
living expenses for its employees?
A. Robinson Construction would be getting
paid, if somebody was paying the cost, all of the
expenses associated with that project.
Q. (BY MR. CAL) Okay. Takealook. I
think it's going to be -- we're going to move on to
another one. This is going to be pay application
No. 14, time period February 28, 2007. The Bates
number is 106, if you could see that.
A. Bates No. 107 is where you're going?
Q. The one before that is 106, is the fITst
page.
A. Okay.
Q. You see that?
A. Yes.
O. So this is oav aoolication No. 14 for
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those months?
A. This pay application doesn't verify to me
whether or not we performed work in the months in
between. It only verifies that we performed -- we
submitted a billing for work that apparently happened
between February 28 and the time the bill was sent
out.
~.
Q. Can you give me a logical reason sitting
Ii
here today why Robinson would not have billed for work i
performed on a monthly basis in that time period?
A. The subcontractor working on site may not
have billed us. These billings are reflective -- even
the February 28 billing is reflective only of the
dates that invoices are coming into the company. We
did not have infrastructure-related activities
happening in February. It's just as the
subcontractors and suppliers bill us, then we are also
billing as well.
Q. SO now look at the page that's marked
100.
A. Okay.
Q. rm looking specifically at the item for
snowplowing. Is it $708.8l?
A. Yes.
O. Whv would there be snowolowing in Julv of
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20017
A. The snowplowing didn't occur in July of
2007. It's a bill that was sent in at some point in
time and is reflected on this pay application.
Q. SO I should be able to fmd a bill and
invoice for snowplowing in the amount of $708.81?
A. Yes.
Q. Do you recall what Robinson
Construction's contract required in terms of timing of
its bill for work performed?
A. No.
Q. Let's go to page 101. We have some items
performed by Booco being reflected there, right,
stonn, water, and sanitary?
A. Correct.
Q. SO we should be able to fmd invoices for
Booco in those amounts?
A. Yes.
Q. Then if you look at -- and then this one
I'm looking at --let's just go to pay application
No. 16. It's got the ROBCON No. 93 on it.
A. Okay.
MR. BERNSTEIN: I'm sorry. Peter, what
number?
MR. CAL: I'm looking at pay application
Page 180 "

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Robinson?
A. Not the sentence that you just read, but
the previous half of the sentence that you just read
does.
Q. Tell me which you think covers that.
A. "That all amounts have been paid by the
Contractor for Work which previous Certificates for
Payment were issued and payments received from the
Owner."
Q. Okay. So that sentence tells a person
~~~~:;
a:~~c::~~::~~ns~~~~:~:~ectedi
l:'n
in prior payment applications; is that correct?
the foundation of that also.
MR. CAL: Please. I understand you guys
want to confer, but I don't want the witness being
affected by your conversation over there, please.
A. I'm trying to answer your question right,
so I want to -Q. (BY MR. CAL) I want you to answer it
right, too.
A. Can we repeat that again.
Q. Let's try to break it down. Robinson had
subcontractors on this job, right?
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No. 16, ROBCON No. 93.

MR. BERNSTEIN: Thank you.
Q. (BY MR. CAL) Are you there?
A. Yes.
Q. SO I'd like you to now focus -- this is
requesting a current payment due of $97,611.16, right?
A. Correct.
Q. And there's nothing being left under
retainage at this point; is that correct?
A. That is correct.
Q. And according to the RobCon signature on
this page, do you think that kind of looks like that
Kyle Palmer guy, right?
A. It appears to look like Kyle's signature,
yes.
Q. Okay. Now, I want to read this sentence
here. It says, "That all amounts have been paid by
the Contractor for Work for which previous
Certificates for Payment were issued and payments
received from the Owner, and that current payment
shown herein is now due." You see that?
A. I do.
Q. Does this tell me that Robinson's
subcontractors like Elam have been paid in full for
all work that oreceded this oav aoolication bv
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A. Yes.
Q. Elam was one of those subcontractors; is
that right?
A. Yes. I need to check on that. Elam was
a contractor on one of the projects, if not two, but
can we check on Villages of Hayden?
Q. Where would we check?
MR. GRAGG: Right with this gentleman
right here.
MR. CAL: Yeah, except he doesn't get to
testify today.
Q. (BY MR. CAL) Where would you -- just
tell me, where would you look to find out whether Elam
did work on Villages at Hayden?
A. In the job file under subcontractor.
Q. Let's just assume arguendo -- we can say
subcontractor ABC, but it's easier for me to use Elam.
If it turns out I'm wrong about whether Elam worked on
this, so be it. Let's assume Elam was a subcontractor
on Villages of Hayden.
A. Okay.
Q. Working with that assumption, if Elam had
performed work for Villages of Hayden in the time
periods covered before the date of this application,
is this tellin.e: me that Robinson had paid Elam for
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that work?
A. This is telling you that for all amounts
that have been paid -Q. By the contractor?
A. By the contractor. I'll continue on.
Q. Contractor, the contractor is Robinson,
right?
A. For which -- yes. For which previous
certificates for payments were issued and payments
received from the owner, and that would certify that
for the payments that were received from the owner
that work by subcontractors and material suppliers
would have been paid.
Q. Okay. So then if you had received
payment from the owner, you would have paid your
subcontractors; is that what you're saying?
A. We pay our subcontractors. These jobs we
paid our subcontractors prior to getting payment.
Q. (BY MR. CAL) So is it your testimony
that all of Robinson's subcontractors were paid in
full for the jobs on the Hayden projects?
A. Yes.
MR. CAL: You can go home now.
A. Elam's contract was not with Robinson
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with Robinson Construction have been paid -Q. Okay.

A. -- what is due to them at this point.
Q. SO Booco, have they been paid in full,
according to Robinson?
A. With our contract with Booco, yes.
Q. Okay. Do you know whether Booco agrees
that it has been paid for all the work it performed on
behalf of Robinson -- or under its subcontract with
Robinson?
A. It's my understanding.
Q. Because you understand they are saying
that they have a claim in the bankruptcy case; do you
understand that?
A. Against the contract with Robinson?
Q. No. I just understand that they've said
they have a claim in the bankruptcy case. I don't
know who they're saying it's based on. Do you know
that Booco claims -- is asserting a claim in the
~~ Z;~v~b=:e~j=:~=::";:hiredI
23 by Grassy Creek, as was Elam Construction, to do and .,'.,

24 continue work, and that is completely outside of the
25 scope of Robinson Construction's contracts.
ge 185
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Construction on the one they're here for.

Q. (BY MR. CAL) Okay. So we should be able
to go into the records that were produced to us by
Robinson and fmd invoices that back up each of the
items on these pay applications, correct?
A. Yes.
Q. Pardon me?
A. Yes.
MR. GRAGG: You want to take another
break? Is that too many breaks?
MR. CAL: It's not too many. You want to
take a break?
MR. GRAGG: Yeah.
MR. CAL: Let's take a ten-minute break.
(Recess taken, 3:16 p.m. to 3:20 p.rn.)
Q. (BY MR. CAL) Mr. Moisan?
A. Yes.
Q. I think you testified just a little while
ago that Robinson paid all of its subcontractors on
thisjob?
A. Yes.
Q. SO that means all the subcontractors who
did work on all three of the Hayden projects have been
paid by Robinson?
A. The subcontractors that have a contract
Q. Okay. So at leastto your
understanm:.
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with Robinson directly with 4S.

Q. Okay. Why don't I make a statement for
the record that Exhibit 15 is similar to 13, but for
the Hidden Springs Ranch job, and it's got -- what we
did is we tried to assemble all of the pay
applications for the Hidden Springs Ranch contract
into one composite exhibit from the documents that
were produced to us by Robinson. So with that being
said, would you take a look, Mr. Moisan, at page
No. -- the second page of the exhibit, ROBCON 90, and
tell me if you recognize the document. Looking at
what's been marked as pay application No.1, period to
July 15, 2006, ROBCON Bates numbered 90, could you
identify this document, Mr. Moisan.
A. It is an application for payment.
Q. Is that the same standard form AlA
document?
A. Yes.
x
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Q. And so the same analysis we went through

with respect to Exhibit 13 in terms of what the
different line items represent would be true of this
document also?
A. Yes.
Q. Let's move to -- take a look please at
the document that's pay application No. 15. It has a
Bates No. ROBCON 30. It's towards the back.
A. Okay.
Q. Let me know when you're there.
A. I'm there.
Q. You see that this covers the period to
February 28, 2007, correct?
A. Yes.
Q. And here they're seeking payment of
$6,030.79; is that correct?
A. Correct.
Q. And there's no retainage being withheld
at this point, correct?
A. Correct.
Q. If you flip the page to the next page,
it's the continuation sheet, correct?
A. Yes.
Q. SO we'd go to column E to see the work
covering this particular time period; is that correct?
Page 187
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A. Correct.
Q. We should be able to fmd invoices to
support, say, the storm excavate amount here?
A. Yes.
Q. For the entrance gate there's a $930.21
amount. We should be able to fmd an invoice to
support that; is that correct?
A. Yes.
Q. Go to the next pay application, No. 16.
Do you see that, ROBCON Bates No. 24?
A. Yes.
Q. This again jumps to the August 1, 2007,
time period, correct?
A. Correct.
Q. And the payment being requested here is
for $1,399.46, right?
A. Right.
Q. And this indicates snowplowing, correct?
A. That is correct.
Q. Do you know which subcontractor performed
this snowplowing?
A. Booco Contract Services.
Q. Do you know whether Booco performed this
under its subcontract with Robinson or under a direct
relationshio with --
Page 188 II
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A. Booco's subcontract with Robinson was for

time and material amount, because he was not
sophisticated enough to give us a set base price and
quote on all of the projects, and allowances were set
like snowplowing at the beginning of the project to
encompass potential need.
Q. Are you telling me Mr. Booco wasn't
sophisticated enough to get you his snowplowing
invoice before whatever the date of this is, before
August 1, 200??
MR. BERNSTEIN: Objection, form.
A. I'd have to look at the invoice to tell
you when it came in.
invo;:'? ~~MR CAL) We'd have find

to
~~ whi1~O\~o~:~~~~u::~r:~~~:o~~~~~~f~eation?
21 to answer that accurately.

22
Q. Let's go to the next page. Go to pay app
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Page
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No. 17. It's ROBCON Bates 20. Do you see that?
~: septo~;~~~;:~~OdIO
~1
17
Q. Okay. But if the work were performed
18 back in February, it might just be that it took a
1891
Q. Okay. And you're seeking payment for

$1,450.09, correct?
A. Correct.
Q. If you go to page -- the continuation
sheet, are you there?
A. Yes.
Q. And now the snowplowing is being taken
off. Do you know why that is?
MR. BERNSTEIN: What page is it, Peter?
MR. CAL: ROBCON 21.
A. I'd have to pull the invoice to tell you
why that is.
Q. (BY MR. CAL) But apparently for some
reason the snowplowing invoice on the prior pay
application was inappropriate, huh?
A. Or are they equal amounts?
Q. (BY MR. CAL) 1,332 -- $1,332.44 on each.
A. Yes. Okay.
Q. SO it seems like it's deducting the
amount of the prior pay application, right?
A. That's what it is doing, it appears.
O. Real coincidence that that number is the
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same, right?
A. I'd have to pull the invoice to tell you
why that is.
Q. Let's continue. Look at September 19,
2007, in the continuation sheet.
A. Okay.
Q. There's a charge here for the entrance
gate for $1,435.73. Do you know what that work was
for?
A. I'd have to look at the invoice to tell
you exactly what that work was for.
Q. Presumably that would have been work
performed somewhere between pay application 16 and 17,
since it wasn't included in 16?
A. Yeah.
Q. Who would have directed -- in the time
period August or September 2007, whom at MAPI would
have directed Robinson Construction to perform work?
A. There was in the prior year or work
season work suspended on all of the projects for
winter. In the spring we came back, started putting
in crossings, doing as-built drawings. This
particular project, Hidden Springs, the entry had
never been finished the prior year before, before the
construction season carne to a close. So the
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complete this $1,300 item of work before the

partnership fell apart?
A. We were also in the process of scheduling
half a million dollars worth of work at Villages of
Hayden when this partnership fell apart. So if you
look at the whole context, the only thing that was
left to do was finish the gate and do some as-builts
at the project.
Q. And everything -A. Ends up being -Q. SO for Hidden Springs then, all the other
work was complete back in the fall of 2006; is that
what you're saying?
A. There may have been some punch list items
on a one-year walk-through that would have been
potentially coming out of it if we would have made it
that far, but at Hidden Springs I do not know of any
other work.
Q. SO this item is, in essence, a punch list
item; is that what you're saying?
A. No. That is contract work to install the
~~ :!li~a:;=~~~":~~e~
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untimely on Hidden Springs, he decided I'm going to go
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landscaping and electrical was intended on being

installed and it was being installed at the -- within
the schedule of those subcontractors, and that was
happening at about the end of July, first part of
August.
Q. At whose direction was the work
performed?
A. I can't say that we have a specific
document from anyone individual that says go finish
this work. It was a common knowledge through all of
the partners at MAPI that we were still working on the
project.
Q. SO we've seen several times in the
documents today that Mr. Robinson would threaten to
stop working if he wasn't being paid the way he wanted
to be paid, correct?
A. There's documents that support that, yes.
Q. (BY MR. CAL) And, in fact, there were
several times during this job when Mr. Robinson
threatened to stop work because he was not being paid;
is that correct?
A. Correct.
Q. And so now at the end of July or early
Au st 2007 Robinson Construction wanted to gO
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do $1,435 worth of work on the entrance gate; is that

what you're saying?
question.
A. I'm not sure I understand the question.
Q. (BY MR. CAL) Well, if Mr. Robinson-first there's a pay application -- let's go through
and make sure we're all on the same page in sort of a
little chronology here. There's a pay application
No. 16 for the period to August 1, 2007. And
referring specifically to ROBCON invoice 24, the
amount included on that pay application, that's for
work through August 1,2007, with an application date
of August 7, 2007, Robinson Construction decides to
bill for snowplowing in the amount of $1,332, correct?
question.
Q. (BY MR. CAL) Is that what the document
reflects?
A. The document reflects a bill for
snowplowing on August 7, 2007, but it does not tell us
when the invoice was received from the subcontractor.
Q. August 7,2007, that would have been
after Mr. Sills made his first attempt to take control
of the MAPI company: is that correct?
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A. That is correct.
Q. And there would have been invoices and
e-mails going back and forth between you and Don

Anderson and Bob Keys and Paul Doughty concerning how
to deal with Mr. Sills' attempt to take control of
MAPI in the early 2007 time frame; is that correct?
A. Can I have that question repeated.
Q. (BY MR. CAL) Okay. In early 2007, early
August of 2007, the first week of August 2007 -A. Yes.
Q. -- before the date of this application,
which is August 7,2007, were there e-mails exchanged
between and among Don Anderson, you, Bob Keys,
concerning how to deal with Mr. Sills' attempt to
assert his control over MAPI?
A. Yes.
Q. Now, who specifically -- okay. So then
we get this pay application that includes an amount of
$1,300 for snowplow work; is that correct?
A. That is correct.
Q. And then we get a next pay application
dated September 19, 2007. Is this after you asserted
the lien on Hidden Springs?
A. I'd have to check the date of the lien on
~j
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have to be in writing. I understand it might not be

in writing. Who said, Hey, aren't you guys going to
go finish that gate? Who said that?
A. All of the remaining work on all three
projects had been discussed with Don Anderson, as well
as Ron Sills, as well as David Brunie, as well as
every other member in the whole chain all summer long,
because we had bonds on the asphalt at the Villages of
Hayden. There was a million dollars worth of work
still left to do. So it had all been contemplated
being finished at the end of the summer at a one-year
scenario of walking through these so the punch list
could get rolled in all at the same time.
Q. SO you submit -- why don't you go ahead
and mark that one. Is Exhibit 16 the Robinson
statement of lien on Hidden Springs?
A. It appears to be.
Q. Does it appear to be recorded on
September 10, 200n
MR. GRAGG: Our recording date is cut
off. Do you have one that has a recording date?
MR. CAL: No. That's as legible as I
have.
Q. (BY MR. CAL) Is yours cut off?
Hidden Springs. I don't know it off the top of my

head.
Q. Pretty much right in this time period,
right? We've got plenty of paper. I can fmd the
lien statement if we have to. It was about that time
period.
A. That pay application was not submitted
after the lien, as far as I know.
Q. We'll look at the lien statement.
A. At the same time, there was also e-mails
floating around about paying Robinson Construction for
all of the work, too, and that didn't happen.
Q. SO now what I want you to look at is the
continuation sheet for pay application No. 17, and the
application date is September 19, 2007. Now, we see
that Robinson Construction deducts the snowplow charge
from the prior invoice and adds a charge for work on
an entrance gate in the amount of $1,400 in September
of 2007.
A. Well, let's pull the invoices, Peter.
I'll tell you all about them.
Q. We will pull the invoices.
A. I'm more than happy to discuss it. I
just can't answer that without looking at them.
O. So who directed Robinson -- it doesn't
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III
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A. It's there, September 10.

!jj
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Q. I'll beat up my paralegal later for doing
~J
that. Do you agree that this document is the
~.
mechanic's lien that Robinson Construction recorded
against the Hidden Springs project?
~j
A. Yes.
Q. And it's signed by Michael Glade; is that
right?
A. Yes.
Q. He's the attorney for Robinson
Construction?
A. Yes.
MR. BERNSTEIN: Are you done with the
Hidden Springs pay apps?
MR. CAL: At least for now, yeah.
MS. O'TOOLE: Peter, I'm going to have to
take off here.
MR. CAL: Okay. Laura, please go ahead.
MS. O'TOOLE: For the record, this is
Laura O'Toole appearing on behalf of Alpine Bank. We
were not prepared to go this long in the deposition
and have another business commitment. I'm going to
need to take off, but we reserve the right to
re-notice the deponent at a later time.
MR. CAL: Laura. iust to let you know --
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we can talk about this later -- as far as I know,

there's nothing that's going to preclude you from
filing your own motion for Rule 2004 examination, if
that becomes necessary. Thank you, Laura. Have a
nice weekend.
MS. O'TOOLE: Thank you.
Q. (BY MR. CAL) Taking a look at
Exhibit 17, let me state for the record that like
exhibit I think it's 13 and 15, these are the pay
applications that we assembled into one composite
exhibit for Mt. Harris at Grassy Creek from the
documents produced to us by Robinson Construction.
Let's just start with the second page of the exhibit.
It's got the Bates No. ROBCON 2777. And it's for the
period to July 15, 2006, and it's application No.1.
Do you have that document in front of you, Mr. Moisan?
A. Yes, I do.
Q. Okay. And, again, this is the standard
AlA form of application for payment?
A. Yes.
Q. SO, again, the discussions we've already
1-~_4_3. . . . ;.~o,&~
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g_te_~_~_~_~d~_~_.is_o li_~ l_'~_m_ead_s. ,J,~, -;_~_O:_k_d_~, -d_e_n. . b.d-" " i-~_~
....c-'':&::
.....n_e
n_'ve_e
2 5 Sprin~s -- I'm sorry -- for the Villa~es of Hayden pay
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Page 200
_!: ,.~_s. ;,~_~_n_.
I_h_e_ar_th_a...<t,--on_e_a_g_aID_'_?
Q. (BY MR. CAL) Pardon?
; .,[.
,
,I.,.. .
Page 201 il
Page 199
application would be true of this pay application

also?
A. Yes.
Q. Okay. I'd ask you to please go to what
appears to be pay application 15 for the period to
February 28,2007. It's ROBCON No. 207. Tell me when
you're there.
A. Okay.
Q. This is for work performed through
February 28,2007; is that correct?
A. Correct.
Q. And the amount requested is $5,055.14,
correct?
A. Correct.
Q. And there's no retainage at this point,
correct?
A. Correct.
Q. Okay. Now, let's flip to pay application
No. 16, and this is ROBCON Bates No. 192. Let me know
when you're there.
A. Okay.
Q. Now, in this invoice Robinson
Construction is seeking payment in the amount of
$16,819.88; is that correct?
A. Correct.
Q. And it's for the period 811/2007,

correct?
A. Correct.
Q. And if you look at the fIrst continuation
sheet, the application appears to be dated August 1,
2007, correct?
A. Correct.
Q. I'd like you to turn to ROBCON 195, which
is the lien waiver. And is it accurate to say that
the lien waiver appears to have been executed on
August 8, 2007, before the notary public? You see i t ,ff:
says, "Subscribed and sworn before me this 8th day of
August 2oo7"?
A. Yes.
Q. That, again, would have been after the
attempt by Mr. Sills to assert his control over MAPI;
is that correct?
A. Correct.
Q. And after Robinson Construction
contemplated filing a lien in response to that attempt
by Mr. Sills; is that correct?
MR. BERNSlEIN: Object to the form of
_ _th_a_t
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A. Can I hear that question again.

20, was read back as follows: "And after Robinson
Construction contemplated filing a lien in response to
that attempt by Mr. Sills; is that correct?")
MR. BERNSlEIN: Same objection.
.~
A. Yes.
;i
Q. (BY MR. CAL) In fact, one of the options
~
that Mr. Robinson and Robinson Construction considered!
during the fIrst week of August 2007 in response to
Mr. Sills' attempt to take control was to assert
whatever lien rights it had, right?
MR. BERNSlEIN: Objection to form.
A. Can I hear that question again as well?
follows: "In fact, one of the options that Mr.
Robinson and Robinson Construction considered during
the first week of August 2007 in response to Mr.
Sills' attempt to take control was to assert whatever
lien rights it had, right?")
A. I'm not going to answer to what Randy
considered as an option. It's apparent what route we
took because of the breakdown and because of where
we're at.
O. (BY MR. CAL) Were you aware in
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August 2007 that Robinson Construction considered

filing a lien in response?
A. Yeah.
Q. Yes?
A. Yes.
Q. Okay. Now, on the continuation sheet for
pay application 16 -- and this is ROBCON Bates
No. 193-A. Yes.
Q. -- again we see an item for snowplowing
for $2,911.25 correct?
A. That is correct.
Q. Then there's something for equipment
mobilization. What's that?
A. I would have to look at that invoice to
tell you exactly what it was. I would be happy to do
that.
Q. What type of equipment mobilization would
have been going on in this time period?
A. On the Mt. Harris project we were
installing utility road crossings and doing as-builts
for the utilities that were installed. And, again, if
you would like me to get the invoice, I'll tell you
exactly what piece of equipment it is.
Q. Would you be able to grab that invoice
Page 204 ;"
mobilization of $3,380; is that right?

A. Yes, that is correct.
3
Q. And general conditions of $2,160.94?
4
A. Yes.
5
Q. SO to do less than $2,000 worth of work
6 for survey, land marking, site excavation, and site
7 utilities, it's charging mobilization and general
8 conditions in excess of $5,000; is that right?
9
l O A . I'd be more than happy to look at the
11 invoices and tell you what that represents.
12
Q. (BY MR. CAL) But would you answer my
13 question. Did I get that right?
14
A. I don't believe your question is correct,
15 because you're assuming that general conditions is
16 only for that surveying, and we are billing for 5,000
1 7 approximately in general conditions. It is what it is
18 for. I would be more than happy to tell you if I had
19 the invoice.
20
Q. SO the mobilization and general
2 1 conditions for the last pay application, if we add
22 them up, is about $5,400, right?
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~: ~~~s:~~eo::~::i/:~~ performed during
25 the period of this pay application, site utilities?
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yourself here today?

A. If you show me where you have it, I will
be more than happy.
Q. SO I would have to hand it to you? Do
you know whether that invoice is in the documents you
produced to us?
A. I believe that invoice is in the
documents that were produced to you.
Q. Okay. Now, let's go to pay application
No. 17 for the period through September 20, 2007. And
if you look at the last page, the conditional release,
this one was sworn to on, looks like, the 19th day of
September 2007; is that right?
A. Yes.
Q. Yes?
A. Yes.
Q. And the amount of this is $6,129.63. Is
that the amount that Robinson is requesting be paid?
A. According to this, yes.
Q. And now we see -- we go to this infamous
snowplowing category on the continuation sheet and it
looks like Robinson is deducting a portion of the
prior snowplowing invoice; is that right?
A. That appears to be correct.
O. And Robinson is charging eauioment
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A. As-builts on this pay application?
Q. Yes, sir.
A. Appears that we have site excavation for
$900, site utilities for $130, as well as survey for
$870.
Q. Okay. Do you have in front of you what's
been marked as Exhibit 18, Mr. Moisan?
A. Yes, I do.
Q. And could you tell us what the fIrst page
is.
A. It's an invoice from Mountain States
Company.
Q. What's it an invoice for?
A. The description of work states, "Gate
wiring, pumps and outlets."
Q. Do you know which job site this would
have been for?
A. Job No. 0695 is Hidden Springs, I
believe. Maybe I need to verify that.
Q. 695 is Hidden Springs?
A. Yes.
Q. And would this have been the work that
was reflected on the last Hidden Springs pay
aoolication for entrance gate? Look at the second
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page of the exhibit, too. I think if you add those
two up -3
A. Yes.
4
Q. -- if we add up the fust two pages, we
5 have 143,573, correct?
6
A. That's correct.
7
Q. SO this is the work that is reflected on
8 the entrance gate pay application 17 for Hidden
9 Springs; is that correct?
l O A . Appears to be, yes.
11
Q. According to this, there was a priority
12 scheduling for this work, right?
13
A. But also according to this they had
14 started early in July and this shows that they were
15 not complete. So Ryan Barackman probably told them at
16 the end of July, get this done. They showed up on
1 7 August -- doesn't say -- apparently says that they
18 showed up August 10 to finish.
19
Q. Where does this indicate to you that they
2 0 started the work in July?
21
A. On page 2, ROBCON 00284, date 7/8. It's
2 2 hard to read that.
23
Q. Yeah.
24
A. 6/3/07, 8/8/07.
25
Q. SO maybe that's August 8, 2007, huh?
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A. It could be.
Q.
Could be. Hard to say. We'll have to

ask Mountain States, huh?
A. Right.
Q. And do you know why this work would have
been performed under priority scheduling?
A. Trying to finish up open items and get
out.
Q. And, again, I just want to make sure
we're clear on this. There were discussions
apparently tltroughout 2007 about some work that had to
be completed, right?
A. Correct.
Q. But as far as you're able to recall
today, in early 2007 did any representative ofMAPI
direct Robinson Construction to complete the gate
wiring for the Hidden Springs job?
A. As I said before, specifically I don't
recall specific direction to finish up the gate wiring
at Hidden Springs. There had been discussions -Q. I don't care -A. -- about completing all of the work.
Q. When were those discussions?
A. Throughout 2007.
o. Throughout 2007. What I'm focusing on is
~::e:m:,~=wS:::~ ~=:::~~ was
22
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24 not complete.
25
Q. SO that would have been --
Page 209
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that first week of 2007.

A. The first week?
Q. I'm sorry. The first week of August of
2007, was there some discussion about completing all
of the work in the fust week of August 200n
A. Yes, there was.
Q. With who?
A. There was discussions with Rob Sills, Don
Anderson, the whole group, what are we going to do
with the million dollars worth of work not complete,
we're in the process of finishing up landscaping,
we're in the process of finishing items around, do you
want us to complete the asphalt or not.
Q. Did you say, Do you want us to complete
the gate at Hidden Springs or not?
A. I don't recall a specific -Q. SO you don't -A. -- conversation.
Q. -- you don't recall that conversation
about the gate, do you?
A. I don't recall a specific conversation
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A. There could be a list of complete work

and incomplete work coming out of the project
I:
management.
~:
Q. SO that would have been a conversation
~j
~
between two employees of Robinson Construction,
~
correct?
il
A. I believe the list of complete work is
11
probably out for everybody.
:~~
Q. No. The conversation that you had with
Mr. Barackman, I'm talking about Mr. Barackman was an
employee of Robinson Construction, right?
~jj
A. Yes.
~
~.
Q. And you're an employee of Robinson
~~.
Construction, right?
)j)
A. Yes.
"
Q. SO that's a conversation between two
~1
Robinson Construction employees, correct?
~.
A. Correct.
~.
Q. I want to focus you now please on the
~j
August and September 2007 time frame. Were any
Robinson employees on site out at the projects up in
Hayden?
~[j
A. As I told you this morning, I could refer
~~
back to timecards to answer that directly. There was
no proiect management on site. There may have been
:~
:::
:~
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employees in and out for things like mobilization. I

would have to look at the timecards.
Q. Okay. Let's take a look at the third
page of Exhibit 18 please and tell me what that
represents.
A. Represents an invoice for Gerlock Towing
to go pick up our job trailer that was on site.
Q. SO to remove the Robinson job trailer?
A. That's correct.
Q. SO was Robinson Construction relying upon
the removal of its job trailer from the site as the
date of its last work on the site?
A. I don't have the documents that would
show me the last date on site that we've already
claimed.
Q. I'll represent to you that these are the
invoices that were produced to us by Robinson
Construction in specific response to our specific
request for invoices reflecting the last dates worked
for each of the jobs.
A. Okay.
Q. SO is that what these are?
A. These are invoices for the last amount of
work that happened on these projects. As far as
whether or not these are the dates that have been
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Barackman from Robinson requested that Booco put

markings out where their road crossings were.
Q. Now, next page, tell me what this invoice
is for, please. Well, I'm sorry. One step back. I'd
like to return to the Booco contract for these road
crossings. Which job was this for?
A. Mt. Harris.
Q. It's Mt. Harris. Okay. Next page, tell
me what this is.
A. There was some landscape material,
boulders that had been purchased earlier on in the
project, and they had been stored at one of the gravel
company's pits in the area. I would have to look back
to tell you which one it was. So they wanted the
material removed and hauled out of their pit. So
that's what this is for.
Q. Who wanted the material removed?
A. The gravel pit that was storing the
boulders for us.
Q. They specifically requested to get the
rock out of their gravel pit?
A. That's correct.
Q. Let's take a look at the next page,
please. It's a Landmark invoice, and tell me what
this is for.
Page 213
Page 211
I,
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represented as our last date on the site, I can't

speak to that right now accurately.
Q. Okay. But what these invoices do reflect
is the costs to Robinson Construction for removing its
trailer from the site?
A. Correct.
Q. How did you allocate that between the
three jobs?
A. Just like it says here on the invoice, we
allocated general conditions costs by percentage of
contract in the overall contracted amount between the
three projects.
Q. SO if you receive a check that reflects
specific invoices for specific jobs, would Robinson
apply those payments the way they're reflected on the
checks?
A. Yes.
Q. I'd like you to take a look at the
invoice for Booco Contract Services. It's dated
August 21,2007. Do you see that?
A. 67917
Q. That's the one.
A. Yes.
Q. Could you tell us what this work was for.
A. It appears like Rvan Robinson was -- Rvan
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A. This is for engineering work from

Landmark Consultants.
Q. What's it mean, "Asphalt quantities for
Mt. Harris for Booco"?
A. Apparently Booco had asked for the
asphalt quantities.
Q. SO you're not pouring asphalt at this
time? It's just how much more asphalt do we need to
pour; is that what this is?
A. No. This is mis-billed.
Q. It's a mistake in the bill, you think?
A. I believe so.
Q. The asphalt quantities you think is
wrong?
A. Yes.
Q. Do you know whether you actually
invoiced -- never mind.
How about the next item, the locating
conduits? What's that?
A. That's work that we directed for
as-boots on the drawings. It's our survey crew.
Q. And the draft conduits sent to YVEA,
what's that?
A. That's the as-builts being put into
drawing form and sent to Yampa Vallev Electric
~l
m
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*[II
it
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Association as a requirement of the Grassy Creek at

Mt. Harris project.
Q. Has Robinson Construction paid Landmark
for this work?
A. I would assume so.
Q. Pardon me?
A. I would assume that, yes, they are paid.
Would you like me to call and make sure?
Q. Sure, but not right now.
A. Okay.
Q. Next page, what's this?
A. This is the completion of the gas pipe -natural gas pipeline at Villages of Hayden.
Q. This is Villages of Hayden. Do you know
if this work was actually performed in the July 2007
time frame?
A. Yes, it was.
Q. Okay. At least one timely. What's the
next invoice that's the August 10,2007, invoice?
A. This is another invoice from a trucking
company that we used to bring equipment. They hauled
a piece of equipment from Hayden that was on site for
the completion of the work back to Hillsboro.
Q. Okay. How about the next one, August 16,
200??
Page 216
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Q. Okay. So there's a maintenance and

warranty bond?
A. There is a maintenance and warranty bond
posted.
Q. Tell me what your understanding of the
purpose of the maintenance and warranty bond is.
MR. BERNSlEIN: Object to the form and
:0 f01~~;~~n~~:~~~'CODStruetiOn
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A. The next one is a copy of a previous

invoice. And the reason it has double copies is
because it's in each job fIle.
Q. Great. Thank you. Let's talk about the
fidelity bond. Robinson Construction caused a
fidelity bond to be posted for infrastructure work
that still had to be performed; is that right?
A. Are you referring to the city-required
street maintenance bond -- maintenance and warranty
bond?
Q. This is -- do you know there's a -A. Performance bond?
Q. -- subdivision improvement agreement? Do
you know what I'm talking about?
A. Okay.
Q. Do you know what I'm talking about?
A. Yes.
Q. And that's a subdivision improvement
agreement with the town of Hayden, correct?
A. Yes.
Q. And did Robinson Construction cause a
fidelity bond to be posted for that work?
A. Robinson Construction provided a
maintenance and warranty bond for that work. I'm not
exactlv sure what vou mean bv "fidelitv bond."
I
;i
.,il:...,I..
have to enter into indemnification agreements with the :

bond company to obtain that bond?
MR. BERNSlEIN: Objection, form and
foundation.
A. Under normal circumstances, yes, so I
would assume -- I don't have the bond in front of me.
MR. GRAGG: Pretty funny looking bond you J.
f~
got there, Peter.
MR. CAL: Do you have a better one?
MR. GRAGG: One that's signed?
MR. CAL: Did you produce it to me?
MR. GRAGG: No.
23
MR. CAL: Why not?
24
MR. GRAGG: Because there is no such
25 thing.
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MR. CAL: There is no such what?

MR. GRAGG: There is no signed bond.
MR. CAL: There is no signed bond.
(~~~nc~b~~~~~o~~e~~
Q.
what the
first two pages of Exhibit 19 reflect.
A. They would reflect what we commonly
referred to as a maintenance bond.
Q. And what -- so you're familiar with these
types of maintenance bonds?
A. Yes, I am.
Q. And Robinson Construction has posted
maintenance bonds in the past?
~: ~f~'~~::~
Construction post a
~ ~ ~:~~:~e bond for the incomplete work at Villages
.1
III
18
A. It is not complete and was never
19 fmished.
20
Q. What is not complete?
21
A. This is not a valid bond. It's not
2 2 stamped and there is no valid bond, and I can answer
to that actually.
Q. Okay. Why don't you answer to why
25 there's not a valid bond.
23
24
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ili
A. Because the original subdivision

improvement agreements was going to be with Robinson
Construction, and the 4S group took that upon
themselves because of a timing issue. And we were
prepared to put a bond in place in November and when
4S was needing the city to release permits the next
spring, they took on the subdivision improvement
agreement with the city instead of having that made
out to us. So the city, in fact, never did come back
and request or require that Robinson Construction do
the maintenance bond.
Q. Okay. So just so I'm on the same page
here, in November 2006, did Robinson Construction post
a bond?
A. It was never completed.
Q. But at that time -A. We were prepared to post the bond.
Q. -- you were prepared to post the bond in
the event there was a contract between Robinson
Construction and the town of Hayden?
A. Yes. In the event that the town of
Hayden was going to require the subdivision agreement
to be between Robinson Construction and the city of
Hayden.
25
Q. And do you know when the subdivision
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improvement agreement was first executed?

A. All I can tell you is just by looking at
the document that you've given me, appears like March.
Q. Read the title of the document you're
talking about, please.
A. Subdivision Improvements Agreement.
Q. For Villages of Hayden, filing 1?
A. For Villages of Hayden, filing 1.
Q. This indicates that this document was
recorded on March 22, 2007; is that right?
A. Yes.
Q. And this is -- to your knowledge, this
is -- maybe it's not. Have you seen this document
before?
A. I have not, no.
Q. But as far as you know, there was never a
bond posted by Robinson Construction because Robinson
Construction did not enter into the contract with the
Villages of Hayden?
A. That is correct. We were prepared to do
that in November, the year before.
Q. Okay. So take a look at page 2 of this
document. I want you to look at paragraph 6.
A. Subdivision improvements agreement?
25
O. Yes, please.
1
;:i
on the improvements completed prior to
A. The agreement here is made between 4S
Development and the town of Hayden, and I have no idea Ii

if 4S actually got a $1.3 million bond-Q. SO you don't know?
A. -- for the improvements.
Q. You don't know?
A. I can't speak for 4S.
Q. SO you don't know?
A. I don't know. Sorry.
Q. That's okay, but you do know for a fact
that Robinson Construction has not posted a
$1.3 million bond for warranty on improvements?
A. That is correct.
25
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A. Okay.
Q. On paragraph 6, commitment guarantee, it
says, "Developer's performance under this Agreement is j\

guaranteed by a letter of credit from Vectra Bank f o r ,
$501,951 and a performance bond in the amount of
~
$1,300,000 for warranty on improvements completed!
prior to platting." Do you see that?
~.
A.I~
J
Q. Is there, to your knowledge, a
'I
performance bond in the amount of $1,300,000 for the
~
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Q. Okay. Did Robinson ever generate a

document for what it believed was the work that still
needed to be complete on the infrastructure at
Villages at Hayden?
A. I believe so, yes.
Q. And do you remember when that document
was created?
A. I didn't create it, so I don't know
exactly what date it is.
Q. Okay. We'll show you some documents in a
second. When you've had a chance to review the
document, let me know, please.
A. Okay.
Q. And what is that document?
A. This is the list of items to complete at
Villages of Hayden and Hidden Springs subdivision.
Q. What does it indicate in terms of what
still needed to be done on September 25, 200n
A. Would you like me to read the list?
Q. Well, let's ask a different question. It
says -- I assume that should say "to whom it may
concern"?
A. Yes.
O. Who was this document being drafted for?
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A. This document was being drafted for

basically anybody that wanted it.
Q. What was the purpose of drafting it?
A. Because Ron Sills, Roger Johnson, Don
Anderson, all of the parties concerned wanted to know
what was left to do at Villages of Hayden because the
Sills group had made claim that there was fmancing in
place to complete the work.
Q. And then I'd like you to take a look at
this one. Would you take a look at what's been marked
as Exhibit 21, please.
A. Yes.
Q. And tell me what this document is.
A. This is a list of the unfmished work
that was going to be left until we could return in the
spring or summer, depending on the construction
schedule for the summertime, that was being proposed
prior to Ryan Barackman leaving the project.
Q. Okay. And was this an attempt to make
sure you included everything that was needed on
Villages of Hayden?
A. No. It was a proposed -- it was a
proposed -- you know, it was a proposal, this is what,
in our opinion, needs to be completed next year.
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pathway. You see that?

l~
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A. Yes.
Q. Was any work performed on the 8-foot
!ll
concrete pathway between November 2, 2006, and
~1
September 25, 200n
III
Q. SO that would be an item that still has
to be performed?
~.
~
:::.
A. Yes.
,.
Q. That's reflected on your September 25,
2007, correct?
A. Yes.
~j
Q. How about the 4-foot gravel trail,
$4,868? Was any of that work performed?
II
A. No.
il
Q. SO that still has to be performed as
~1
reflected on your Exhibit 20, right?
;~
A. Right.
il
Q. Gas service here, $85,500 on your
November 2,2006, invoice, right?
A. Correct.
l
Q. Was there gas service work performed
~
::;
between November 2,2006, and September 25,2007, on \~
Villages of Hayden?
~.
A. Yes, sir, there was.
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Because of weather, we were having a hard time getting

anything done in the weather.
Q. Assuming all of this work were performed,
would Robinson Construction have fulfilled its
obligations under the construction contract?
A. The contract scope would have been
complete, yes.
Q. The estimate is $551,437, correct?
A. Yes, that's what's on there.
Q. SO I'd like you to put Exhibit 20 -we're going to compare 20 and 21. Okay?
A. Okay.
Q. SO 21 includes general conditions, but
there are no general conditions on Exhibit 20, right?
A. Exhibit 20 was after we had been told to
leave the project. We had de-mobed. It's a list of
unfinished items or items to complete for somebody
else, because we weren't going to be there, so no,
there's no general conditions.
Q. Okay. Now, on Exhibit 21 there's an item
for handicap ramps for $97,5OO?
A. Yes.
Q. To your knowledge, were those installed?
A. I believe they were installed, yes.
O. And there's an item for 8-foot concrete
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And was it completed?

"
A. I don't believe it was complete. We
:~
~.
could roll back to this bill you gave me a little bit
~~:
ago.
Q. Can you fmd how much was on that bill
il
and tell us what exhibit you're looking at, please.
~~:
A. I'm looking at Exhibit 18.
Q. Okay. What does that tell you?
A. It tells me that $36,664 of the gas
~:
:::
service is complete on the invoice for completion of
~.
Lake Villages.
11
Q. SO it says, "Invoice for completion," but
I guess I'm -- is that a misstatement? Is it complete
or isn't it complete?
A. I would have to verify at this point
whether gas service was complete.
Q. Okay. Then there's phone/cable for
$84,000 listed on your Exhibit 21.
A. Uh-huh.
Q. Was any work done for phone/cable between
November 2006 and September 2oo7?
A. Not that I'm aware of. I could check on
that.
Q. Okay. How about landscaping? Any
landscaoinl! done between the two dates?
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A. Yes, there was landscaping ongoing during

the summertime.
Q. SO presumably the amount needed to
complete the landscaping should be less?
A. It should be less. They are not
complete.
Q. Okay. The top lift AC paving, would you
tell me what that is.
A. When we built subdivisions, typically
they require a 3 to 4-inch section of asphalt in the
streets, and typical standard construction is where
you'll put an inch and a half down or potentially
2 inches down and then leave that and then when the
houses are under construction or substantially
complete, then the top lift would come back through so
that the housing construction doesn't damage the
street.
Q. SO that's an item where the work still
would not have been performed, correct?
A. Yes, that's not done.
Q. SO there's some items on the
September 25,2007, document that were not in the
23 November 2006 document?
24
A. Db-huh.
25
Q. That rock outcroppings relocated from
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Hockins pit, why is that in September 2007 but not in

November 2006?
A. Because between November 2, 2006, and
September 25, Ron Sills had also requested additional
work be done at Villages of Hayden. These rocks had
been purchased. These are the rocks that were hauled
out of -- apparently now we've answered our earlier
question -- the Hockins pit. There's additional work
that has been created or been requested by Ron Sills
and the 4S group.
Q. Okay. Storm culverts at pathway, what's
that?
A. I'd have to look at the plans to show you
that, but it would be a culvert crossing.
Q. Why is it not included in the November 2,
2006, document?
A. Because it could have been work also that
they were trying to complete in the November time
frame when we were still on site in and out of the
weather, because remember, I said the ftrst one was a
proposal of work to leave open.
Q. Now, the storm culverts at pathway, if
you just had to take a guess, a swag, is that
something that's like $10,000 or $100,000?
A. It could be both. I'd have to look at
I
~
.,'
:~i!:::~~i"~;E~~~~
just can't be because there's no bond to release; is

that correct?
A. There was discussions about the bond and
release of the bond, and through the whole deal it was
recognized that in March of '07 apparently, according
~~I~;O~o~U;~~o~~_O::::~~g;~~;%~t~:ve
agreement on, Robinson Construction didn't, therefore

we never did actually have to post the bond, but we
were prepared for it.
Q. SO what were the discussions about -when were the discussions about the release of the
23 bond?
24
A. During the August breakup of this project
2 5 and all of the discussions about what is complete,
Page 227
1
the drawings, Peter.

Q. Now, the install park benches, why is
that not on the November 2006 document?
A. Again, we would have to look. I'm not
sure if they were part of the scope and original
portion. I don't know if they were in or not. I'm
not sure.
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isnotcomplete.
is
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,1.:
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comple:::': 91
what
what getting
we're at in the whole deal, the discussions about the
.
bond and the requirements of the subdivision agreement
came into those conversations.
Q. SO this is August 20071
A. Db-huh.
Q. Did you tell people in August 2007, What
do you mean, there is no bond to release?
Q. What did you say in response to people
who were talking about the bond?
A. That there should be a bond posted that
is going to need to be released.
Q. SO do I understand right, you were
assuming that there was a bond posted by someone else
or did you think there was a bond posted by Robinson
in August 20071
A. I'm not saying that I assumed anything
about anybody else, but we had been prepared to post
this bond. It was documented, ready to go. In
between the time frame of the city requiring it, 4S
took on their work and it was our understanding that
we still may have this bond hanging out there that
would need to be released or the requirements would
need to be released.
,.1
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Q. In August 2007, did you, Kirk Moisan,
2 believe that Robinson Construction had posted a

3 $1.3 million bond for the infrastructure work at
4 Villages at Hayden?
5
A. Yes.
6
Q. You did?
7
A. I did, yes.
8
Q. Subsequently you determined that the bond
9 had not been posted?
l O A . That is correct.
11
Q. Tell me when you determined that the bond
12 had not been posted.
13
A. In the August/September time frame when
14 the discussions were being had about what was
15 complete, what was not complete, and how to move out
16 of that project.
17
Q. How did you determine this?
18
A. I don't recall a specific conversation or
19 who told me. It's in discussion.
20
Q. With whom?
21
A. I don't recall, Peter.
22
Q. Was it with other members of MAPI?
23
A. No.
24
Q. Was it internal within Robinson?
25
A. It would have been most likely, yes.
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Q. What was the reaction when you found out

you hadn't posted a bond?
A. One less thing we have to unwind.
Q. It's like, whew, we didn't post that bad
boy, huh?
MR. BERNSTEIN: Objection.
Q. (BY MR. CAL) I mean, that meant you're
off the hook $1.3 million?
A. Sure.
Q. (BY MR. CAL) When did you tell the other
members of MAPI that you had not posted the bond?
A. I don't know that I personally have told
the other members of MAPI that the bond hadn't been
executed.
Q. Has anyone from -- go ahead.
A. The discussions were about 4S taking over
the subdivision agreement in March and -Q. Have you personally told anyone outside
of Robinson Construction that Robinson Construction
has not posted a bond?
A. No, I have not.
Q. SO Robinson & Sons is still a member of
MAPI; is that right?
A. That is correct.
sonsrE~:~=::::::m ~
I
I
position from information learned from Robinson

Construction that Robinson Construction has not posted .
a bond for the work to be performed at Villages o f l
Hayden; is that correct?
A. I don't understand that series of
questions. Are you making the claim that -- I'll let
you -- I don't understand the question, Peter.
Q. (BY MR. CAL) Is it a good thing or a bad
thing for the other members of MAPI that Robinson
Construction has not posted the $1.3 million bond?
A. You're asking me to speculate on what the
good thing and bad thing for MAPI is in this case?
Page 23311
Q. (BY MR. CAL) If you were a member of

MAPI, wouldn't you want a bond to be posted for the
3 work that had to be performed?

4
5
A. I don't know if 4S has posted the bond or
6 not. 4S has the agreement with the city.
7
Q. (BY MR. CAL) Well, you knew in
8 August 2007 that everyone thought that Robinson had
9 posted the bonds, right? You thought Rob -l O A . I thought Robinson had posted the bond.
11 I don't know if everyone else thought that Robinson
12 had posted the bond.
13
Q. SO in these discussions about the bond,
14 who were they -- what bond do you think they were
15 talking about?
16
A. Who was talking about the bond? I told
1 7 you I had told them that -- Don Anderson and Ron Sills
18 that there was a bond in place.
19
Q. SO were you talking on behalf of Robinson
2 0 Construction or Robinson & Sons when you told them the
21 bond was in place?
22
A. In the conversations about what was
23 completed, what was not completed, what was left to
2 4 do, the bond issue, warranty issues, punch list
25 issues, I was talking on behalf of Robinson
59
Q. And Robinson & Sons as a member of MAPI

has learned through Robinson Construction that a
$1.3 million bond that everyone else in MAPI thinks is *
il
posted has not been posted; is that correct?
A. That would be assuming that the
conversation had taken place.
Q. (BY MR. CAL) The point is Robinson &
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if
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Construction.
Q. SO on behalf of Robinson Construction,
you told the members of MAPI in early August 2007 that
a fidelity bond had been posted by Robinson
Construction?
A. Based on my understanding that the bond
was posted, yes.
Q. And since you provided that information
to the members of MAPI in August 2007, have you
corrected the misstatement?
A. Not formally, no.
Q. Have you done h infurmally?
A. No.
Q. SO you haven't done it at all then; am I
right?
A. You are right.
Q. SO the other members of MAPI are merrily
going along thinking they've got a bond posted because
Mr. Moisan from Robinson Construction told them that
Robinson Construction had posted a bond?
A. I don't know what they're thinking. 4S
has the agreement. 4S is the one that told me they
had the agreement.
Q. (BY MR. CAL) Stop with the 4S. You've
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A. No. I thought we had posted the bond.

Q. You had posted the bond. Okay. But
let's just pick March 2007. In March 2007 did you
know that 4S had the contract with Hayden to do the
;::.
:::
infrastructure work?
x
A. March 2007, I knew that it was taken care
of.
*
Q. How did you know it was taken care of?
~~j
A. I hadn't been getting any more requests
or there was not any open issues concerning the bond
or the agreement with the town of Hayden being
presented to Robinson Construction. Now, at the same ~~~~~j
~:;
time, through the course, there was the letter of
:::
credit produced and debt applied against the Mt.
Harris property that I was aware of that was for the
city requirements.
Q. Okay. Who was the lead -- Mr. Barackman ~:
was the project manager who was on site on a weekly "
basis in 2006, correct?
III
A. Correct.
Q. And you were also on site on a weekly
:~
basis in 2oo6?
A. Ryan Barackman was on site every day
~.
;~,
through the course of the construction project. I
came in every week for meetings.
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Page 235
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got your talking points down.

A. I have what?
Q. Your talking points, you have them down
real well. You told 4S and the other members of MAPI
that Robinson Construction had posted a bond?
A. Yes.
Q. Now, they didn't tell you, We know you
really didn't do it, did they?
A. No. I was told that 4S created -- or
executed the agreement with the city, the subdivision
agreement with the city, which would then put that
requirement upon 4S's back, not Robinson
Construction's. Once we realized that they actually
posted the bond, it's not an issue for us anymore.
Q. (BY MR. CAL) So it wasn't until sometime
in August 2007 that you found out that Robinson
Construction hadn't signed the contract with the town
of Hayden?
A. That's correct.
Q. SO all through 2000 -- so from
November 2006 through August 2007, you on behalf of
Robinson Construction thought that Robinson
Construction had executed a contract with the town of
Hayden to complete the infrastructure?
Page 237
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Q. And Ryan Barackman reports to you; is

that correct?
A. That's correct.
Q. SO you're in the chain, you're up the
food chain from Mr. Barackman, correct?
A. Correct.
Q. Who's up the food chain from you?
A. Randy Robinson.
Q. SO it's Randy Robinson, Kirk Moisan, and
Ryan Barackman for the projects up in Hayden; is that
correct?
A. That's correct.
Q. And so the number two guy in the
hierarchy for Robinson Construction thought that
Robinson Construction had posted the bond?
A. That's correct.
Q. And didn't really care apparently about
who had signed the contract with the town of Hayden to
perform the work?
MR. BERNSTEIN: Objection, form.
A. That's your speculation.
Q. (BY MR. CAL) Did you care? It was
important to you, wasn't it?
A. The requirements and the issues and
priorities of the proiect that was not one of them.
60
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It had been taken care of.
Q. And as the general contractor doing the

work, you never cared about how it had been taken care
of!
A. No.
Q. (BY MR. CAL) When did Mr. Robinson learn
that Robinson Construction had not posted the bond?
A. I'm not sure. I don't know.
Q. (BY MR. CAL) Did he learn it from you?
A. No.
Q. Who did he learn it from?
A. I don't know.
Q. Who did you learn it from?
A. I'm not aware of the specific person that
told me. It was in a conversation. I don't know.
Q. Do you know whether the town of Hayden
thinks that Robinson Construction posted a bond?
A. I don't know.
Q. Have you had any discussions with the
town of Hayden about whether Robinson Construction had
posted a bond?
A. I have not.
Q. Do you know whether anyone from Robinson
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ever gone to tell the other members of MAPI that, in

fact, if there's a bond on this job, it's not Robinson
Construction's bond?
A. You're correct.
Q. But in August 2007 you had told them that
Robinson Construction had posted a bond?
A. Yes, I did.
Q. Okay. Was there any other work -- in
some documents I've seen references to various
projects. Were there any other projects other than
Mt. Harris at Grassy Creek, Villages at Hayden, and
Hidden Springs for which Robinson Construction did
work in or near Hayden? Cliffs?
A. That is Mt. Harris.
Q. Cliffs and Mt. Harris are the same?
A. Exactly the same.
Q. Different, same thing. Looks like you're
thinking. Are there other projects other than those
three where Robinson Construction did any work?
A. No. We have a project -- at the time we
had a project in Gypsum, Colorado, Eagle, Colorado.
Q. How far is that from Steamboat?
A. I've only flown. It's right over the
hill. I don't know the mileage distance.
Q. Different employees on each job?
Page 241
Page 239
1
2
Construction has not posted the bond?
3
A. I don't know that anyone from Robinson &
4
Sons has informed any other members of MAPI that
5
Robinson Construction did not post a bond.
6
Q. Has anyone from Robinson Construction
7 informed Robinson & Sons that Robinson Construction 7
8
8 has not posted the bond?
9
9
A. There would not be a formal process for
10 that. If Randy Robinson knew Robinson Construction 10
11
11 did not post a bond, then as a manager of Robinson &
12 Sons, then he would know that Robinson Construction 12
13
13 didn't post a bond.
14
14
Q. And you also told us earlier this morning
15
15 that you represented both Robinson Construction and
16
16 Robinson & Sons on this job, correct?
17
17
A. That is correct.
18
18
Q. And so you know that Rob -- you know in
19
19 your capacity as a representative of Robinson & Sons
20
20 that Robinson Construction did not post the bond?
21
21
A. Okay.
22
22
Q. Is that true?
23
23
A. That's true.
24
24
Q. And as far as you know, no one from
25 either Robinson Construction or Robinson & Sons has 25
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& Sons has informed anyone from MAPI that Robinson
A. Not to say that they couldn't go back and

forth.
Q. Did they?
A. I don't know. I'd have to look at
timecards.
Q. Were the folks from Oklahoma involved in
the job in Eagle in any way?
A. No.
Q. Was Mr. Keys involved in the job in Eagle
in any way?
A. No.
Q. Was RK Enterprises involved in the job in
Eagle in any way?
A. No.
Q. What was the job in Eagle?
A. Costco Wholesale.
Q. You know, I have not been able to put my
hands on the contract from Mt. Harris at Grassy Creek
for that work, the AlA contract. Does one exist?
A. There is one, yes.
Q. I don't think that's been produced to us.
If you could fmd it in my documents, I'll appreciate
it. Now, the lien claim that Robinson asserted in
Villages at Hayden, did it assert that lien claim just
on filing 1 or did it assert it on a larger piece of
61
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property?
A. I'm not sure I understand.
Q. You know what I mean when I say filing 1,
4 ooyOO?
5
A. Yes.
6
Q. Is filing 1 the 42 acres?
7
A. Filing 1 is the 42 acres, yes.
8
Q. Now, Villages at Hayden is bigger than
9 just that 42 acres, right?
l O A . That's correct.
11
Q. And did Robinson Construction do some
12 work at Villages at Hayden that was not encompassed
13 within the 42 acres of filing I?
A. There was some survey work that had been
14
15 done for the master planning process on the rest of
16 the 860 remaining acres, and then also there was a
1 7 survey because the survey and original drawings was
18 incorrect. So we went to the commercial piece -- some
19 part of phase 2 or filing 2 on a proposed commercial
2 0 piece of the Villages of Hayden master plan and
21 utilized some material off of that hillside, graded
22 that down flat so that we can bring the levels of the
2 3 streets and roads back up to where they were shown and
24 depicted on the drawings.
25
Q. The roads in filin~ I?
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A. In filing 1.
Q. SO you took some rocks and dirt and
whatnot from the rest of Villages and moved it to

filing I?
A. Yeah. We used it for the material.
Q. Did you do any kind of roadwork outside
of filing 1 and Villages of Hayden?
A. Not that's not depicted on the plans.
Q. Well, is some depicted on the plans?
A. No.
Q. SO then your answer is you didn't do any
roadwork outside of the 42 acres on Villages of
Hayden; is that your answer?
A. Correct.
Q. Did you do any work, whether it's on the
plans or not, outside of the 42 acres that are filing
I?
A. Yes. We surveyed the remaining parcels
of the property and we utilized one parcel for
material.
Q. And when you did that work, the cost for
that work is reflected in the invoices -- the pay
applications for Villages of Hayden?
A. Yes, I'm sure it was because it was done
on change order work at the direction of Ron Sills and
"!
~.
Don Anderson.
Q. Do you know what the charges -- what
would be the approximate charges for that work that
was done outside of filing I?
A. I'd have to go back through and look that
up.
Q. Could you give it a swag?
A. I certainly have no idea what exact
dollars are. I would say somewhere in the
neighborhood of 30.
Q. (BY MR. CAL) Somewhere in the ballpark
of 30, 35?
A. Maybe.
Q. The lien that was asserted, do you know
whether the lien on Villages is limited to the 42
acres or does it go beyond the 42 acres?
A. As far as I know, it's just limited to
the 42 acres.
Q. Okay. The work that Robinson performed
within the 42 acres, does that provide a benefit to
the remainder of the Villages as development?
A. Yes, it does.
Q. Howso?
A. The main collector street that passes on
Page 245 I,
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:::~:
the entrance road in Hayden Boulevard or Villages

Boulevard and the main sewer connections and
infrastructure in this street will be extended for
future phases.
Q. Anything else?
A. Potentially utility subs and just street
subs, but other than that -Q. Explain to me utilities subs and street
9 subs. How is that a benefit?
l O A . The streets come out, stop, and we extend
11 the utilities far enough that they can be obtained.
12
13
Q. Okay. Mr. Moisan, can you identify what
14 the frrst page of Exhibit 22 is.
15
A. It's a timecard.
16
Q. This is a timecard for you?
17
A. Yes, it is.
18
Q. And your employee number with Robinson
19 Construction is 2240?
20
A. That is correct.
21
Q. And what do these items 0, dash, 7314 -22 what does that mean?
23
A. That is a phase code, a billing code.
24
Q. What does that phase code indicate to
25 vou?
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A. 0, dash, 7314 is an executive code entry.

Q. Okay. And then the job number 663, 695,
697, those are the various job numbers that Robinson
Construction assigned to various projects, correct?
A. That's correct.
Q. And you had mentioned there was maybe
some sort of a number that would let the accounting
folks know whether you were performing work on behalf
of Robinson Construction or Robinson & Sons. Is that
number reflected in this timecard?
A. The 7314 phase code would be directing
them to where to bill my time.
Q. How does that direct them where to bill
your time?
A. It's a code in the system that they bill
to.
Q. Well, what phase code would you use if
your time was going to be billed to Robinson & Sons?
A. At this point in time 7314. Today it
would be 801.
Q. SO when did you start using 801 for
Robinson & Sons?
A. When my billable time -- or my billable
cost and hourly wage increased.
Q. When was that?
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this morning, didn't we? All right. Why were you

reviewing operating agreements for Oasis?
A. I was getting directed to do.
Q. From who?
A. From Randy.
Q. Do you know why Randy wanted to review
the operating agreement for Oasis?
A. Out of protection for his interests in
Robinson & Sons and RK in the Oasis agreement.
Q. Was Mr. Robinson contemplating becoming a
member of Oasis at this time?
A. Yes.
Q. But that never occurred?
A. RK is a 50 percent owner of Oasis.
Q. SO you were -A. So Robinson & Sons would have been a
25 percent owner.
Q. Robinson & Sons is a 50 percent owner of
~j
RK, right?
I:!
A. That's c o r r e c t . !
Q. And RK is an owner in Oasis?
!!!
A. Correct.
.!.
Q. Okay. So you were working for Robinson
!.!
Construction, who was working for RK -- no. Robinson::
& Sons was working for RK; is that r i 2 h t ? ;
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A. A year ago.
Q. Year ago would have been what time?
A. March 2007.
Q. And we're not going to fmd too many
timecards for you after March 2007 for this project,
are we?
A. I don't believe so.
Q. SO the timecards for this project during
the time when you were spending substantial time on
this project do not reflect time that would be charged
back to Robinson & Sons by Robinson Construction; is
that correct?
A. Let me go back there, just because I got
sidetracked on my own here. May I have that question
repeated. I'm not trying to be -MR. CAL: No. I get distracted myself.
Would you read it back.
follows: "So the timecards for this project during
the time when you were spending substantial time on
this project do not reflect time that would be charged
back to Robinson & Sons by Robinson Construction; is
that correct?")
A. I'll say correct.
O. (BY MR. CAL) We wasted a bunch oftime
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MR. BERNSTEIN: Object to the form. You

lost me on that.
MR. CAL: Pardon me?
MR. BERNSTEIN: You lost me on that one.
I object to the form.
MR. CAL: I'm lost, too. Let's skip it.
Q. (BY MR. CAL) Let's look at the second
timecard. This is also your timecard; is that right?
A. Yes, it is.
Q. And nothing on this timecard to inform
anyone that your time for this should be charged to
Robinson & Sons?
A. Again, just the phase code.
Q. The phase code tells you you're working
for Robinson Construction, right? That's the phase
code for Robinson Construction; am I right?
A. It is, and I do work for Robinson
Construction.
Q. But how do they know whether they should
bill for work to Robinson Construction or Robinson &
Sons?
A. My time would all be billed into an
executive phase code and then the invoice would be
created at a later date.
O. Okay. There's a iob 609 return from
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meeting in Phoenix with Bob, Don, Jeff. Do you know

what job that is?
A. The job 0609, I believe, is a project -it was a potential development project.
Q. Who's Tom Moisan?
A. What's that?
Q. Who is Tom Moisan?
A. He's my uncle.
Q. He's an architect?
A. Yes.
Q. Did he do some architecture work for jobs
on which Robinson Construction does work?
A. Yes.
Q. How many?
A. It's hard to say. He's one ofthe
largest architecture fmns in the northwest.
Q. Which fmn is he with?
A. Ankrom Moisan.
Q. Do you have Exhibit 23 in front of you,
Mr. Moisan?
A. Yes, I do.
Q. And this is a December 7, 2007, letter
from Michael Glade at Inman Flynn to Jay Labe at
Pendleton Friedberg; is that right?
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in essence, being trained to assume the role of

president in Robinson Construction; is that correct?
A. Certainly a transition.
Q. And when did you say the president had
left?
A. A year ago, March 30 somewhere.
Q. Why did he leave?
A. He retired.
Q. You're aware that the guarantors of the
MAPI obligations to Vectra Bank have stipulated to the
entry of an arbitration award; is that true?
A. Yes, I'm aware.
Q. Have the guarantors in any conversations
with you or Mr. Robinson that you know of complained
about needing to confess the arbitration award?
A. I wouldn't say -- I don't know that
they've complained. I've heard a comment or two about
arbitration between Vectra and themselves, but they
haven't spoke to me in detail about anything.
Q. What have they said about it?
A. We're going through arbitration with
Vectra Bank on our personal guarantees, Vectra had
called the guaranteed.
Q. Were they saying that in any way to ask
Robinson Construction to take any position one way or
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A. Yes, it is.
Q. And you've reviewed this letter before
today, have you not?
A. Yes. Can I interrupt for a second,
because I know this is going to take a few minutes.
Can I use the restroom?
Q. I think I'm pretty close to done. So why
don't we take a ten-minute break. I'm going to go
through some notes. I'm probably within ten or 15
minutes of being done.
(Recess taken, 5:06 p.m. to 5:21 p.m.)
Q. (BY MR. CAL) I think we were looking at
the letter from Mike Glade to Jay Labe. Do you have
that in front of you?
A. Yes. Exhibit 23.
Q. You've reviewed this letter before today?
A. I have.
Q. And does Robinson Construction agree with
the analysis of Mr. Glade's letter?
A. Which I was yawning, so Mr. Labe and
Mr. Glade sound exactly the same.
Q. Does Robinson agree with the analysis
provided by Mr. Glade in Exhibit 23?
A. Yes.
O. You mentioned this morning that You're
J
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the other?
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Does
Robinson
Construction
have
a
private
Q.
plane that it uses to transport the employees around
to different sites?
A. On a limited basis, yes. Well, Robinson
Construction doesn't own the plane. We have access to
a private plane that we use.
Q. Sort of like a lease situation?
A. Yes.
Q. That's the plane you used to fly to
various locations?
A. Yes, occasionally.
Q. Is your paycheck always from Robinson
Construction?
A. Yes.
Q. Do you ever get payment from -- a
paycheck from RK Enterprises?
A. No.
Q. Do you know whether there's any way where
work that you're performing on behalf of RK
Enterprises is ever reflected in the books and records
of Robinson Construction?
A. My work for RK would be reflected on
books and records of Robinson Construction because I'm
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an employee of Robinson Construction. That work

should be billed out and would have been billed out to
RK Enterprises.
Q. SO there should be charges reflected
either -- is it an internal accounting transaction or
is there an actual invoice that would get sent?
A. There's actual invoices.
Q. Was that true at the time you were
working on the Hayden project?
A. Yes.
Q. Okay. But then we're back to these
timecards. How does someone know that? All your time
on your timecards appears to be billed for Robinson
Construction for work for Robinson Construction.
A. When the invoice is created, there would
be a job number and a phase code, so my time is going
to go to the phase code and then that phase -- and
that cost would be associated with whoever the billing
applicant or whoever the party to be billed and then
the invoice would be created and sent out.
Q. The same thing with Robinson & Sons?
It's not just an internal accounting transaction?
There should actually be an invoice that goes from
Robinson Construction to Robinson & Sons?
A. In the event there's a billable
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~ ~::~~~~~~":;:S::=~:tracted
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to
do and have done everything they said they were going!
to do. Robinson & Sons and Randy Robinson has done II
1,11.,
..
A. I do not have the same opinions about the

..
4S/Grassy Creek side. I do not -- I don't think I
Ii
have the same opinion about everybody else.
ii
Q. Okay. So how about your opinion of the
I
Oasis Development? How about, what's your opinion as @
to Oasis and their involvement and why this fell
~
apart?
A. The requirements of Oasis and the members
there were to arrange for financing and they arranged
for financing.
Q. They did arrange for financing?
A. There has been financing put in place on
all of these projects.
Q. Enough financing?
MR.. BERNSTEIN: Say it again.
~.
Q. (BY MR.. CAL) Enough financing?
A. That would call for speculation on my
I
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Page 257
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transaction, yes.
1 part on the goals and the revenue and income of the
Q. Okay. Do you know whether there are any
2 company budgets every year.
such billable transactions for the Hayden projects?
3
Q. Do you think Oasis and the personalities
A. Yes, there should be money billed.
4 at Oasis contributed to the falling apart of the
Q. But do you know whether, in fact, the
money was billed?
I believe, again, there's differences of
A. I would have to take -- I would have to
look into that because there is a running total.
,. I,. j,.
Q. Okay. And in wrapping up, taking a step
9 operate differently than the other third.
.
back now, Monday morning quarterbacking, why would you 10
MR.. CAL: And I think, John, on the
t
say the Hayden project fell apart, from your
i!.,
perspective?
A. That is a big, wide open question there,
13 effective to go through the subpoena to question him
~
Peter.
14 about documents that we don't think we've received. I ~
m
Q. But I want it from your perspective. I
15 do want to keep it open. I think we've identified
know a lot of people have different opinions. I want
16 some on the record. And what I propose is that I'll
to know yours.
1 7 draft a letter to you that says we've looked for this,
A. There's a lot of difficulty between the
18 we can't fmd it, do you have documents like that, for
partners and differences of opinions that could not be
19 example, any of these invoices that would charge
ironed out.
20 Mr. Moisan's time to either RK Enterprises or -- but
Q. Do all partners share in the blame for
21 anyway, we'll get you a letter.
the project falling apart?
22
MR.. BERNSTEIN: We'll reserve all of our
MR. BERNSlEIN: Object to the form of the
2 3 rights here.
question.
24
MR.. CAL: That's fair enough. I'll state
A. I can only speak to the individuals that
25 for the record that we're keeDinl! it ODen but vou're
~ ~e~2
~ :~~::nbe~~e~~:;~~e~o~:eo:~:~~~artners
~~ ~~~~b~~:n~~~~~';~~~~~g~~~~l~e~:gh
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reserving your rights. Thank you.

MR. BERNSTEIN: Okay. Do you guys have
some questions?
MR. FISCHER: Yes.
EXAMINATION
BY MR. FISCHER:
Q. Mr. Moisan, my name is Mark Fischer and
I'm with Patrick Blessinger from the Cantafio law firm
in Steamboat. We represent Elam Construction. With
respect to Robinson Construction, what contact did you
have with Elam Construction with regard to the Hayden
project, any of these three projects?
A. The only active involvement that I had
with Elam Construction was at the procurement of their
subcontract with us on whichever one of the projects
or two of the projects that they were hired for. And
throughout there may have been a conversation or two
through the project for scheduling purposes maybe. We
had a tremendously short time frame to complete all of
this work. So by the time we were putting rock down
the streets and getting ready for paving, there wasn't
enough trucks in the area, there wasn't enough
activities. So it may have been a conversation or two
with management at Elam. I don't recall specifically.
Q. And your on-site Hayden project manager,
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Q. To the best of your knowledge, Robinson

Construction has paid Elam for the work Elam was -Elam contracted with Robinson Construction to
; comptb ~~:mplaint,
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whose name escapes me at the moment -A. Ryan Barackman.

Q. -- he would have had presumably more
direct conversation with Elam than you?
A. Yes.
Q. Do you recall what subcontracts you had
with Elam? And describe those subcontracts with
Robinson Construction.
A. Yeah. I'd have to go back and pull them
out to talk specifically about anything there that
would have been -Q. But generally?
A. Just a general boilerplate subcontract
agreement between contractor and subcontractor. We
would have hired them for rock products and asphalt
paving.
Q. SO they worked on the Villages?
A. I'm going to have to clarify that,
because Connell, in order to complete the projects in
the time frame -- we only had 120 days to do the whole
project. We ended up utilizing the services of every
supplier and every subcontractor that was available to
the Hayden, Steamboat Springs area. We could have
bought material from them on all three projects. I'd
have to check that.
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to your
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kind of got thrown into this, is that the nature of

the lien from Elam Construction is on Grassy Creek.
It's my understanding that also is not part of the
Robinson Construction subcontract; is that your
understanding?
A. That is correct.
Q. Okay. The MAPI members who are
authorized to make decisions on behalf of MAPI -- now
we've identified a few of those here today. Would Ron
Sills as a managing member of 4S have authority, to
II
your knowledge, running this project to make decisions .
forMAPI?
A. That's going to come into a huge uproar
in the company prior to your contract. Ron Sills and
\
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the 4S group and Grassy Creek on August 2 of 2007 took .~
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control of MAPI based on what they feel like is a

valid operating agreement ability. I don't have a
legal opinion on that. I don't know. At the time
that Ron directed Blam to do that work, he himself .
potentially was under the impression that he could do
that. I don't have the legal position.
Q. I'm not asking for a legal opinion. I'm
more on the street here. Who kind of, to your
understanding, was authorized? Let's see. Ron Sills
and you had Roger Johnson. Was Roger able to go out
and sign on behalf of MAPI, to your knowledge -- I'm
not saying it's a legal opinion -- during this time
period?
A. Again, you're going to be in the same
boat. At that time they had taken over MAPI, so they
were working under the impression that they had the
ability to do that.
Q. Prior to what you characterize as a
takeover, who were, to your understanding, the
authorized parties to enter into decisions between
Robinson Construction and MAPI on the Hayden projects?
A. That would have been resolved back to the
president of the company, and just prior to August 2
that would have been Dave Brunie and prior to Dave
Brunie would have been Don Anderson.
66
7 knowledge, from Robinson Construction about the work:

8 performed under the subcontracts by Elam?
9
A. No, no.
10
Q. Okay. My understanding, because I just
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Page 264
Q. Okay. One moment. Do you know if there

was a bond with Routt County the equivalent of which
on Grassy Creek that you had with the Villages in the
town of Hayden under the subdivision agreement that we
discussed today?
A. No, there was not.
Q. None of that applied to Grassy Creek?
A. No, not from Robinson Construction or
Robinson & Sons.
Q. And you had an Exhibit 21 that discussed
the incompletions on the Villages and maybe on Hidden
Springs, some discussion about the entryway and the
like. Was there any similar document like that that
you're aware of between Robinson Construction on the
Grassy Creek project?
A. No, because we had completed all of the
scope in our contract for Mt. Harris.
Q. Mt. Harris at Grassy Creek?
A. Right. The original drawings showed a
lift of asphalt and asphalt section on all of the
streets there, but that was deducted out of the scope
early on in the contract for fmandal reasons.
MR. FISCHER: Thank you very much.
(At this time Mr. Fischer left the room.)
MR. BERNSTEIN: Dick, do you have any
snow melted off and we were into the weather where we

could do that.
Q. When was that done?
4
A. I'd have to look at all the dates because
5 it was a little bit spotty in and out of the
6 subcontractor's regular workload that he had
7 contracted for the year, May, June, July time frames.
8
Q. The May, June, July time frames is when
9 he was doing his work; is that what you're saying?
l O A . I believe the power company was on site
11 in May doing their utility installation, but they had
12 already been paid in full. So we had never seen
13 another invoice from them. They required the full
14 million and a half dollars in their contract up front
15 prior to construction starting, so they had been paid
16 already since July of '06.
17
Q. Were you having weekly meetings
18 throughout the winter and spring of '06/'07 on the Mt.
1
2
3
~~ :::::i,:~~~:::B~~~Ycame
questions?
EXAMINATION
BY MR. HARRING:
Q. Mr. Moisan, did you just say that you had
completed the scope of your work on Mt. Harris at
Grassy Creek and for that reason there was no
comparable page in Exhibit 21 ?
A. Yeah. At the time, in the August time
frame, there was -- the work was all complete.
As-built, utility crossings, everything was complete.
Q. What was the status of the work in
November of '06 at Grassy Creek -- excuse me -- at Mt.
Harris at Grassy Creek?
A. The status of the work is that what was
left over had to deal with a contract that we had with
Yampa Valley Electric Association. They had installed
their conduits and ductwork for the primary cable
along the streets, but weather prevented the road
crossings. They were paid in full at that point in
time in November, and we went in through the
wintertime, springtime, they came back, installed
their cable or some of their cable. I don't know if
they put it all in or not. I'm sure that they'll
probably put it in as people come to build houses.
And then the road crossinQ:S were comoleted once the
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~~.
g~;~ll
time
us as best you can what work was
I'
done at Mt. Harris in the four months prior to the
filing of the mechanic's lien by Robinson Construction ,
on the Mt. Harris project.
A. Again, it would be the power company
completed their contracted work in the springtime,
May. The project has elevation to it, so the snow
doesn't melt off until May.
Q. But in terms of when they actually did
their work, if I understand correctly, we'd have to
check with them?
A. That's correct.
Q. Neither you nor Mr. Barackman could give
us the dates because they didn't bill for their work?
A. That's correct.
Q. All right. What else was done in that
four-month period?
A. The utility road crossings.
Q. Who did that?
A. Booco Construction did that.
Q. When was that done?
A. They did some of the work in June and
another piece of the work in July and last one
sometime in the end of Julv.
I.
67
back to Portland and started working from the office.

I:
23
Q. What would you look at, time s h e e t s ? l
24
A. His timecards. I believe that he came
J~:
2 5 back to Portland in the December -- early December
~
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Q. All right.
A. We can verify those. We have billings
and invoices for those dates.
Q. Billings from Booco?
A. That's correct.
Q. Is that different from the Booco billings
we saw today?
A. No. In fact, I believe we can look. One
of the Booco billings could potentially deal with
that.
Q. Let's look at that, if you could show us.
That would be Exhibit 18.
A. I guess the billing I'm referring to is
just their foreman going up and marking the locations
where they installed.
Q. Are you looking at Exhibit 18?
A. Yes, I am.
Q. What page, please?
A. ROBCON 00287.
Q. $130, right?
A. Yeah.
Q. Is there any other invoice here?
A. Not in this exhibit.
Q. Not in this exhibit, is that your answer?
A. Yeah.
~: ~~'not
268
in the profit, it's not in the
Page
equipment mobilization, it's not surveying, it's not

general conditions, right?
5
A. Right.
6
Q. Okay. If I understand correctly, if
7 there's any Booco work in that $900, that would
8 reflect when it was billed and not when the work was
9 done?
10
A. That's absolutely correct.
3
~~ refle~'an~:~~ aK~~~~~on
by
~.
I".,,:'
16, does that
13
A. Again, I don't know if it reflects the
"
14 work from Booco specifIcally without looking at the;
15 invoices, but in the line items 2, dash, 5500 and 2,
16 dash, 5522 there's work that has been billed there
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butthat defInitely would be a Booco exclusive line

24 item.
25
Q. You may have answered this, but w::g:a: 6
23
;:
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Q. Is there another invoice somewhere from

Booco that would reflect what they did and when?
A. Yeah. That would be in our documents
that we produced.
Q. Can you tell us how many dollars that
was, looking at any of these exhibits, like your pay
applications? Are you looking at Exhibit 17,
perchance?
A. Yes.
Q. Why don't we look at pay application 17
fIrst. Is that a good way to start?
A. Sure. I would have to look at the
invoice and backup for this to determine who billed
the $900 for site excavation in 2, dash, 2000 as well
as the 2, dash, 5500, $130. We may have just looked
at that bill.
Q. Sorry. Do you think that $130 is
different? Is that what you said?
A. No. I said we may have just looked at
that invoice in the previous.
Q. SO if any amount was part of pay app
No. 17 for Booco, you say it would be in that $9OO?
A. I'd have to look at that.
Q. There's no place else it could be, is
there?
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there no pay app between February and August of 'on

A. I'm not exactly sure of that; but our pay
apps would predominantly or most normally be sent out
when there's things to bill for, if we have
~ ~~~~~~~:~~~~~~: :~:~~~~~~i;~bruary and
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I:
August, I don't have an answer for that.

Q. Do you know who at Robinson may have that ~\
answer?
A. Yeah. We can ask Kyle Palmer.
Q. I'm sorry?
A. We can ask Kyle Palmer.
Q. Was there any other work being done in
that four months prior to fIling the lien that you
haven't told us about?
A. On Mt. Harris?
Q. Yes. My questions here are directed to
Mt. Harris.
A. I would have to review the job fIles and
billings to answer that.
Q. Job fIles are what -- have they been
produced, let me ask it that way?
A. They have been produced, yes.
Q. They're called job fIles?
A. That's what we produced them as.
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MR. GRAGG: I'll answer. Dan Gragg, for

the record. They're going to be typical contractor
fIles generally organized by division and
subcontractor. He's referring to job fIle to describe
the documents that comprise the project, and that
would contain pieces of paper that he's talking about.
Q. (BY MR. HARRING) Would you look at
Exhibit 3. Starting at the bottom of the second page,
I trust this is a list of all of the invoices that
were issued on the Mt. Harris at Grassy Creek. Harris
at Grassy Creek project?
A. This particular document appears to be
missing the September, the fmal billings.
Q. Thanks. Yes. So starting at the top
there's June '06 and July '06. What's the story there
behind that billing and the credit?
A. The original billing went out and there
had been subsequent revisions to all of the contracts.
For example, on Mt. Harris there's a deduction of
scope for asphalt paving, and this correction was to
balance everything before we got too far. At the same
time, we took our general conditions from all three
projects, segregated them out into a separate job
number, tracked everything as one, and then allocated
that total expense across the three projects accordin~
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to the percentage of the total contract. And so that

correction on all three jobs is a recognition of those
items.
Q. All right. Then the next two pay apps,
both called JB app No.1, JB app No.2, both dated
July 31, '06, with no total, for roughly $2,700,000,
correct?
A. Correct.
Q. And was that quantity of work done by
July 31, '06?
A. Yes, because if you remember an earlier
statement about Yampa Valley Electric Association
requiring their -- I said million and a half or so
dollars earlier. I noticed in another piece of paper
it's a million 797. They required that up front prior
to starting construction.
Q. And then tell us, as best you recall,
what the status of the Mt. Harris project was at that
point, status in terms of what work had been done,
what was left to be done.
A. In June of '06?
Q. July 31, '06.
A. July 31, '06, we would have been well
underway in the construction and grading process of
buildinl! all of the streets and roUl!hinl! in the roads
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in looking at this invoice, what work was being done

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or being billed by Robinson in November and December Ii
of '06.
A. December of '06 would mostly be a
compilation of subcontractor invoicing and material
invoicing coming in and completing job records,
as-builts of that type.
Q. When did you complete your roadwork?
A. Villages of Hayden roadwork has never
been completed.
Q. Just the Mt. Harris is what I'm talking
about.
A. It would have been mid to late November.
The power company had come in and started installing
their power conduits, and there was a substantial
amount of road grading and rebuilding of those roads
to do that carried on clear through there, weather
dependent.
Q. The last part of that carried on clear -A. That work carried on clear through that
time frame.
Q. Through November?
A. Until the weather was such that they
could not work anymore.
O. So the work stopped then in December
69
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that had not been completed in previous years with

previous contractors and at the beginning stages of
doing a road base on all of the roads together
combined. There was a substantial amount of dirt t o !
move on the backside of the project. Roads had been ~~
previously cut in, roughed in; but there were boulders *
the size of our equipment still in the streets, and so
all of that had been removed. The dirt would have
been primarily moved at that point in time.
Q. And the scope of work was the roads, the
grading of the roads?
A. That's correct.
Q. And some utilities, right?
A. That is correct.
Q. And what utilities were in at that point
intime?
A. There were no utilities installed at that
point in time.
Q. What utilities were included in your
scope of work?
A. At that point in time power, water, and
gas were still in the scope. Subsequent to that and
around that time, the water and the gas were removed
from our scope. Telephone would go in with power.
Q. Can you tell us again, as best you recall
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throughout the winter, right?

A. Yeah.
Q. What's the $82,000 credit in January of
'on
A. I'd have to look that up to tell you what

that is.
Q. Keep Exhibit 3 out, but look at
Exhibit 1, which you said was, as I understand your
testimony, not accurate. I don't mean to interpret
your testimony. I think you said that.
A. I do not agree with the accuracy of this
document.
Q. Exhibit I?
A. Exhibit 1, yes.
Q. And what is it about Exhibit 1 with which
you disagree?
A. The total payments through June 30, 2007.
Q. What happened, if you know, between
July 25, '07, and August 7, '07, that caused a
recalculation or recharacterization of revenues?
A. I'd have to take that question back to
the accountants to ask them that.
Q. You don't know the answer?
A. I don't know the answer.
Q. Did it have anything to do with the
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$5 million note?
A. No, it did not, not that I'm aware of.
Q. But I guess we agree that in one document
Mr. Palmer recites that payments through June 30,
2007, was almost $4 million and in the other one he
reflects 1,000,886, right?
A. Yes.
Q. I'm seeking help. I've got it right?
A. Yeah.
Q. Do you know why pay apps 1, 2, and 3 are
reflected as not being paid in Mt. Harris?
A. Pay apps 1, 2, and 3 on all projects
were, for lack of better words, frozen in time in
August when the promissory note came about and that
recognition of Robinson Construction being owed
$5 million. Pay apps No.1, 2, and 3 totalled
5,091,000 and some odd number. After the promissory
note came into play, it was agreed that Robinson
Construction was going to get paid. Robinson
Construction agreed to carry the $5 million. Grassy
Creek Holdings wrote Robinson Construction a $91,863
check to square that up. For that pay apps 4 through
17 were to be paid current.
Q. Again, comparing now Exhibits 3 and the
second Da!!:e of Exhibit 23 Exhibit 3 reflects Dav aDD
No.1 to be 2,474,000 and the letter says 2,350,927.

A. Where are we at again?
Q. Exhibit 3, start with that page 2 we just
went over.
A. Right.
Q. That July 31 app No.1 is 2,474,000. You
see that?
A. Yes.
Q. Okay. And then in the Mike Glade letter
it says July 31, 2006, 2,350,000 on the second page.
Follow me?
A. Okay. I see that.
Q. Do you know the reason for the
difference?
A. I do not.
Q. Likewise on pay app 2 there's a
difference of $12,000 or so. Do you know the reason
for that?
A. No, I do not know.
Q. I trust you don't know the reason for the
difference on pay app 3 either?
A. No.
Q. Did you have a role in that preparation
of or the communication of the desire to me a
mechanic's lien against Mt. Harris?
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A. Yes.
~~
Q. Did you do anything to attempt to
~j
apportion the amount of the lien as to any or all of
the various lots at Mt. Harris?
A. Not prior to filing the lien.
Q. Have you done that subsequent to filing
of the lien?
~~.
:::
A. At the request of Mr. Doughty and
Mr. Anderson, they have requested that we research
l~
into apportionment on our liens and the basis of that
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to tell them what the payout balance is.
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Q. And what have you done?
I!
A. Our counsel has given us direction or
told -II
MR. BERNSTEIN: No. You're not
~
testifying as to what your counsel has done or told
~~.
you.
il
A. We have requested legal opinion about
whether that is -II
Q. (BY MR. HARRING) Did you do anything to
apportion the lien amongst the lots?
MR. GRAGG: Can we go off the record for
a second.
(Discussion off the record.)
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Q. (BY MR. HARRING) With respect to

Exhibits 8 and 9, were these invoices sent to 4S
Development, if you know?
A. I don't know. I'd be making an
assumption.
Q. Did you ever discuss these invoices with
anyone from4S?
A. I did not.
Q. In your view, are these dummy invoices or
are these real invoices?
question.
A. These invoices are based on -MR. BERNSTEIN: Just answer his question,
if you can.
A. They are not dummy invoices.
Q. (BY MR. HARRING) Did Robinson
Construction Company intend that these invoices be
paid by someone, if you can answer that?
A. At the time they were created, we would
have intended for them to be paid.
Q. Do you know whether the amounts contained
in these invoices are included within your liens?
A. I do not know that.
MR. HARRING: I have no further
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questions.
EXAMINATION
BY MR. CAL:
Q. I have a follow-up because I want to fmd
out about this conversation where Mr. Doughty and
Mr. Anderson requested the apportionment of the liens.
Did you participate in that conversation, Mr. Moisan?
A. Yes.
Q. Okay. Remember I asked you to tell me
about all your conversations with those guys. When
was that conversation?
A. I don't recall the specific time and date
of that conversation.
Q. Time frame, what's the time frame?
A. Between August of '07 and the filing of
the bankruptcy.
Q. And did they ask you -- who else took -who else took part in that conversation?
MR. GRAGG: Are we talking about
apportionment? That was a conversation between
attorneys, Peter.
MR. CAL: He just told me he had a
conversation with Mr. Doughty and Mr. Anderson.
MR. GRAGG: He was present at a meeting
with Mr. Doul!htv and Mr. Anderson and their counsel
~~
~i
and Robinson's counsel wherein we discussed the

2 possibility of settling with them for the purpose of
3 allocating the liens amongst the various lots.
4
MR. CAL: Okay.
5
Q. (BY MR. HARRING) Sowho else
6 participated in that conversation?
7
A. Mr. Doughty, Mr. Anderson, their counsel,
8 and our counsel.
9
Q. Who is "their counsel"?
l O A . I believe Matt Griffith was their -- I
11 would have to check to make sure.
12
Q. Who was your counsel?
13
A. Dan Gragg.
14
Q. And the counsel representing Doughty and
15 Anderson would have been from the Andrews Davis firm? ~,!
16
A. I believe so.
;
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Q. Was there a request made to apportion the
,~
18 liens on the various lots at Villages at H a y d e n ? ! !
19
A. No.
20
Q. Was there a request made to apportion the
21 liens on the lots at Hidden Springs?
22
23
Q. What settlement offers were made and by
24 whom during that meeting?
25
MR. BERNSTEIN: I'm going to object to
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II
the form and foundation of this question. I think
it's getting into Rule 408 issues.
MR. CAL: 408 is subject to discovery.:
It'saQoo;~i~ty~al:=~t offers were
made at that meeting?

A. First State Bank has provided financing
for several of the individual lots at Mt. Harris and
the fmancing in the individuals on those lots are
investor individuals that have come in. So in order
to -- in order for First State Bank to take care of
all of this, they made the -- or they started
discussing about making an offer to refmance their
mortgages that they had put in place for the
individual investors and payoff our lien amounts that
were pro rata share on those lots.
Q. SO these are -- the investor individuals
are investors in FSB?
A. No. No, they're not investors in FSB.
They're third-party individuals who have been brought
in to purchase property and they have taken out a
first mortgage on the property, but there's a buy-back
contingent liability when the property sells.
Q. Who has the obligation to buy the
oroDertv back?
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A. MAP!.
Q. And that's, you said, when the property
sells?
A. Yeah. They would hold the property -their intent is to hold the property for a given
amount of time and then resell the property, try to
take advantage of the real estate value increase
over -- I haven't seen the agreement, so I'm not sure
what that time frame is.
Q. How much of a down payment did these
individuals have to make?
A. Does not appear like -- I don't know the
answer to that. The loans are 90 percent loans and
there's a second back to MAPI that is listed in
settlement statements that I have just seen yesterday.
So I don't have the answer.
Q. What were the circumstances of your
looking at those yesterday?
A. They were documents that were produced.
Q. Were they provided to you by your
counsel?
A. Yes.
MR. CAL: Claim privilege for that?
MR. BERNSTEIN: What's that?
MR. CAL: Then it's a privilege?
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Q.
Then MAPI uses those funds for its

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operating costs?
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A. That is correct.
Q. But ultimately at some portion -- some
time down the road MAPI has an obligation to buy the
property back?
~.
A. I have not seen the agreement that is
made with these investors. I know that there is a
third-party deal dealing with those investors and
those properties.
Q. Who is that third-party deal between, FSB
~:
and the investors or between MAPI?
A. MAPI and investors.
Q. During this settlement meeting, was there
any -- was the scope of the settlement discussion
m
limited to the lien on Grassy Creek?
jji
A. No.
Q. What were the nature of the settlement
i
discussions about Villages at Hayden?
A. The discussions were about Don working
~
with Vectra Bank and creating some sort of an
agreement with them for either more money or refinance
or just overall refinance structure on how to pay the
thing. There was not a resolve that came out of it,
mostly just dealing with refinancing the property to
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MR. BERNSTEIN: Yes, it is.

MR. CAL: Okay. Then say so.
Q. (BY MR. CAL) Do you understand why MAPI
would enter into this transaction where it would have
the obligation to buy back these loans or buy back
these properties?
A. Third-party investors would not be
uncommon for a developer to use for finance purposes,
the ability to lower some of the risk and spread the
fmance out amongst other people, pre-sales of
properties, pre-sale programs. That wouldn't be an
uncommon thing to do.
Q. And so it generates sales to help attract
others to come in and buy property?
A. No, not necessarily.
Q. How does it help MAPI to have these
properties sold?
A. Provides income so that future -- the
future phases of the property can be continued to be
developed.
Q. How does this income come into MAP!?
A. Standard real estate transaction.
Q. MAPI sells the property and at the
closing funds are transferred into MAPI?
A. That's correct.
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get everybody paid for.

Q. And any discussion about a settlement for
the Hidden Springs lien?
A. The Hidden Springs property was always
considered to be one that could be self-liquidated,
and everybody has considered that to be a property
that has enough equity in it to pay down the note and
the liens.
Q. SO there were no settlement discussions
on the Hidden Springs; is that what you're saying?
A. No.
Q. That is what you're saying?
A. You're getting me turned around. Yes,
there was no settlement discussion.
Q. No settlement discussions on Hidden
Springs. Subsequent to that meeting you've just
testified about, have there been any other settlement
meetings, to your knowledge, between Robinson and
Mr. Doughty and Mr. Anderson?
A. Not that I can recall. Again, there's
been -Q. Was Mr. Keys a participant in those
settlement discussions you testified about?
A. No, he was not.
O. Has Mr. Kevs had anv settlement
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discussions with Robinson Construction or Robinson &

Sons?
MR. CAL: Thank you.
MR. BERNSTEIN: I have a few follow-up
questions.
EXAMINATION
BY MR. BERNSTEIN:
Q. Mr. John Bernstein on behalf of the
Robinson entities. Mr. Moisan, I want to refer you
back to some questions that Mr. Cal asked you earlier
today with respect to the assignment of rights under
construction contracts, which is Exhibit 10. Before
you tum to that document, at any time -- the
construction contract for the Villages that was
entered into with Robinson Construction was with 4S,
correct?
A. Correct.
Q. MAPI was not a party to that construction
contract; is that correct?
A. That is correct.
Q. Are you familiar with the AlA contract,
the standard contract that was entered into between
Robinson Construction and 4S in connection with the
Villages?
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such an assignment between 4S and MAPI?

Q. You testified that in early October,
directing yourOcattebnti3n2toooE6xhibit lkn0' thalt dYOU
f
executed on to er,
, an ac ow e gement 0
consent of contractor; is that correct?
A. That is correct.
indic~~d:~:~u::::~~~:~~~~::
10 default or there was a breach of that agreement as of
A. Yes.
Q. Does it -- does that contract have a
provision for an assignment to a third party?
A. Yes, it does.
Q. And to your knowledge, does that
requirement for the assignment to any third party
require it to be in writing and with the consent of
Robinson Construction Company?
A. Yes, it does.
Q. At any time did 4S come to Robinson
Construction Company to seek an assignment -- or seek
a consent to an assignment of the construction
contract in connection with the Villages at Hayden?
A. No, not that I'm aware of.
Q. You don't recall any form of an agreement
that was ever presented to you at Robinson
Construction Company in connection with 4S's request
to assign the construction contract to MAPI?
A. No.
Q. To your knowledge, has 4S ever formally
assigned the construction contract to MAPI?
23
Q. Has Robinson Construction Company ever
24 received any kind of assignment form, notification,
2 5 anYthing in writing from 4S and/or MAPI indicating
':"~:;
*
11
the date that you had executed this acknowledgement

and consent. Do you recall that testimony?
A. Yes, that is correct.
Q. Have you had an opportunity to reflect
upon that testimony since Mr. Cal asked you those
questions?
A. Yes, I have.
Q. And do you still -- is it your testimony
upon that reflection that your -- that the
construction contract was in default?
MR. CAL: Objection, leading. Object to
the form, leading.
MR. BERNSTEIN: This is
24 cross-examination. I think I can lead the witness as
25 far as I want to.
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MR. CAL: It's your witness.

Q. (BY MR. BERNSTEIN) Do you have -- is it
your -- have you had an opportunity to reflect upon
your testimony in connection with your prior testimony
that the construction contract was in breach in early
October 2oo6?
A. Yes.
Q. And what have you reflected upon?
A. Based on the recognition of the
$5 million worth of debt, payouts 1 through 3, and
Robinson Construction agreeing to carry the $5 million
debt until June of 2007, at that point in time the
contracts had been paid and there was no breach of
contract based on payment.
Q. And you wish for the record to reflect
that testimony; is that correct?
A. Yes,Ido.
Q. And you are correcting the testimony -your prior testimony which you indicated that there
had been a breach as of early October 2oo6?
A. That is correct.
Q. In connection -- with respect to the
acknowledgement and consent of contractor document
that you signed on October 3, '06, the certifications
that you made such as in naralITanh No. 1 which states
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"The construction contract is in full force and effect

and no breach or default exists under the construction
contract and no event has occurred and no condition
exists that after notice or lapse of time or both
would constitute a breach or default under the
construction contract," is it your testimony that that
is a correct statement as certified by you on
October 3?
MR. CAL: Objection, leading.
Q. (BY MR. BERNSTEIN) You can answer the
question.
MR. GRAGG: After all your stuff about
having only form of the question objections.
MR. CAL: That's form.
MR. GRAGG: Didn't sound like form. It
sounded like objection, leading.
MR. CAL: Are you serious over there?
MR. GRAGG: Yes.
Q. (BY MR. BERNSTEIN) Answer the question.
A. Now, I need the question back again. You
guys got me all messed up here.
MR. BERNSTEIN: Would you read the
question back to the witness, please.
24, was read back as follows: "In connection -- with
Page 292 !1
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respect to the acknowledgement and consent of

contractor document that you signed on October 3, '06,
the certifications that you made such as in paragraph
No. 1 which states, "The construction contract is in
full force and effect and no breach or default exists
under the construction contract and no event has
occurred and no condition exists that after notice or
lapse of time or both would constitute a breach or
default under the construction contract," is it your
testimony that that is a correct statement as
certified by you on October 3 ?")
MR. CAL: Objection, leading.
A. Yes.
Q. (BY MR. BERNSTEIN) Do you recall the
question that Mr. Cal asked you in connection with
whether or not Robinson Construction Company ever
notified Vectra prior to the commencement of the
litigation?
A. Yes.
Q. Do you recall what your answer was?
A. I answered that we had not notified
Vectra.
Q. Have you had an opportunity to reflect
upon the accuracy of that answer?
A. Yes.
Q. And what is the -- do you wish to change

that answer or correct that answer?
A. Yes. Vectra was notified of the lien
proceedings.
Q. And how were they notified?
A. Statement of lien.
Q. And was that sent to Vectra-A. Yes.
Q. -- to your knowledge?
A. To my knowledge.
MR. BERNSTEIN: I have nothing further.
EXAMINATION
BY MR. CAL:
Q. Okay. I have got a few questions.
Mr. Moisan, prior to sending this statement of lien to
ecu:a~ di~ Rth0binson cofnstructiohn evderc nul0tify Vectra
ill wnting ill e event 0 a b reac or ela t b Y 4 S
under the construction contract?
A. Through the notice of lien requirements
for the lien proceedings, yes.
Q. But before the notice of lien
requirements, the statement of lien, the notice of
lien, before that had Robinson Construction notified
Vectra in writing of a breach or default by 4S under
the construction contract?
Page 293
Page 291
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4/25/2008
~.,!: .,
;'
!i
~.
A. No.
*
2
Q. When was the first time, to your
3 knowledge, after October 3, 2006 -- let me start that
4 question again.
5
After October 3, 2006, when was the first
6 time 4S was in breach under the construction
7 contracts?
8
9 question.
l O A . Payment was due June 30, 2007, and it was
11 not made.
12
Q. (BY MR. CAL) Were there any other
13 breaches under the construction contract before that?
14
15
Q. How about these e-mails in the
~~.
16 October 24, 2006, time frame when Mr. Robinson was J
1 7 apparently expressing some frustration at Don
;~
18 Anderson? Was there a breach then?
19
A. As we talked about earlier this morning,
2 0 after the $5 million note, Robinson Construction
21 agreed to carry $5 million and the understanding
22 between all parties was that Robinson Construction was
23 to be paid on time on an every-two-week application
24 period and -25
O. Did that happen?
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A. I would have to look at the dates that we

got the check, but Randy Robinson was under the
impression that we had not been paid. And I could
verify that if we look at the checks.
1
2
3
4
a record here.
Q. (BY MR. CAL) What did Mr. Bernstein tell
you during that break?
MR. BERNSTEIN: Objection, and I'm going
il
Q. SO is it your position now that this

unsigned promissory note that you want to refer to as
to insQtru.ct(Bthye MRwitn.ecssALno)t tWhoanatSwdiedrMr. Gragg tell you
,'..,1.1.
9
10
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an
ackn~.d:~~~~~~agbj~~~ ~~:~t?
exec:~d ~~ ~e:~~~th:: ::::~ ~::~~~~y
Q. (BY MR. CAL) So a promissory note that's

never been completely executed and terms of which have
never been met is what it meant that -- okay. You
recall when I was asking you this afternoon about the
acknowledgement and consent of contractor, after you
~ ~ ~::~~~urattorneys requested a break?
You
18
A. Yes.
19
Q. And, in fact, you and your attorneys went
20 off into the room over there and took a break; is that
21 right?
22
A. Yes.
23
Q. Did you speak with your attorneys about
24 your testimony here that you've changed?
2:
~M:::s::~:~:g~:~:~
tell Mr. Gragg during that meeting?

24
MR. BERNSTEIN: Same objection, directing
23
295 2:
2
3
be kidding me. You're going to assert privilege?
: =:;:~~.:.:=y~~~~;~ero :
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~:~~~~~:~~~~=~
:~~:~~~~.~~~ ~~~s:::~ :=~~~~~~ns
18
Q. (BY MR. CAL) Mr. Moisan, what did you
19 tell Mr. Bernstein during that meeting?
20
MR. BERNSTEIN: Same objection, directing
21 him not to answer.
22
Q. (BY MR. CAL) Mr. Moisan, what did you
That calls for privileged communication.

MR. CAL: If you don't know that I'm
~r~~GG: I assert my privilege, too,
to the house
on this one. You're directing him not to answer that?
MR. BERNSTEIN: Yes, I am. What I'm
directing him to do, Peter, is that he's not going to
testify on any attorney-client communication.
MR. CAL: I asked him whether he had
communications in that room with his attorneys about
his changed testimony. Are you going to direct him
not to answer that?
MR. BERNSTEIN: Sounds like to me you're
asking for an attorney-client communication. I think
you would respect the privilege, would you not?
MR. CAL: No. There is no privilege for
that. The law is crystal clear on it.
MR. BERNSTEIN: You have told me a lot
about what the law is. I haven't really agreed with
you on any of those topics.
MR. CAL: Okav. We're going to establish
I
II
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~:~
I.:
rnm:ro~::CAL) l idyoumveMy Page 297 1

discussions with your attorneys about the change in
your testimony at the second meeting that we -- the
=ond
Q
~\~v~~~:~~that again. Peter.

(BY MR CAL) Did you have any
thi~~scuaft;:e\ornnno;o:nur?.~e:~::~i:e:ea:~~~::g:~~~~:e
"
.i!,. ,.,.:!1
. .
MR. BERNSTEIN: Same objection, and I'm

directing him not to answer.
MR. CAL: Are you going to direct him not
to answer all my questions concerning all discussions
he had with you concerning the change in his
testimony?
MR. BERNSTEIN: Yes, I am.
Q. (BY MR. CAL) Does anything that your
attorneys told you during those breaks affect the
testimony that you've given here this afternoon?
MR. BERNSTEIN: Yeah. I don't understand
the question. And I'm objecting to that question and
directing him not to answer that question.
Q. (BY MR. CAL) Has your testimony changed
this afternoon based on anything other than your
discussions with vour attornevs?
7S
~ ~ :~~:e~:~rc:~ng that is a communication between I!
2
3
during
9
10
with
11 answer to the extent that I had attorney-client
12 privilege with him as well.
13
MR. CAL: Mr. Bernstein, are you
14 directing him not to answer as well?
15
MR. BERNSTEIN: I am. I'm directing him
.!
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MR. BERNSTEIN: Objection, calls for an

attorney-client privileged communication, instructing
3 the witness not to answer.
4
MR. GRAGG: You made your record.
5
MR. CAL: I've made my record.
6
MR. GRAGG: Can we call it a day and go
7 to the airport?
8
MR. CAL: Yes.
9
WHEREUPON, the within proceedings were
1 0 concluded at the approximate hour of 6:36 p.m. on the
11 25th day of April, 2008.
12
* * * * *
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Page 300
i!
REPORTER'S CERTIFICATE
STATE OF COLORADO
)
) ss.
COUNTY OF ARAPAHOE
)
I, TIFFANY D. GOULDING, Registered
Professional Reporter and Notary Public, State of
Colorado, do hereby certify that previous to the
commencement of the examination, the said KIRK MOISAN
was duly sworn by me to testify to the truth in
relation to the matters in controversy between the
parties hereto; that the said deposition was taken in
machine shorthand by me at the time and place
aforesaid and was thereafter reduced to typewritten
fonn; that the foregoing is a true transcript of the
questions asked, testimony given, and proceedings had.
I further certify that I am not employed
by, related to, nor of counsel for any of the parties
herein, nor otherwise interested in the outcome of
this litigation.
IN WITNESS WHEREOF, I have affixed my
signature this 9th day of May, 2008.
My commission expires October 14, 2010.
_x_ Reading and Signing was requested.
_ _ Reading and Signing was waived.
_ _ Reading and Signing is not required.
Page 299
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I, KIRK MOISAN, do hereby certify that I

have read the above and foregoing deposition and that
the same is a true and accurate transcription of my
testimony, except for attached amendments, if any.
Amendments attached ( ) Yes () No
KIRK MOISAN
9
10
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12
The signature above of KIRK MOISAN was
13 subscribed and sworn to before me in the county of
14
, state of Colorado, this
day of
15
,2008.
16
17
18
19
May 12,2008
John H. Bernstein, Esq.
Kulak Rock LLP
1801 California Street, Suite 3100
Re: Mountain Adventure Property Investments, LLC
Deposition(s) of: Kirk Moisan
Dear Mr. Bernstein:
Enclosed are the original signature pages(s) of the
above-named deposition(s). It was agreed that you would
arrange for signature of same by means of your copy
transcript(s) and the enclosed signature page(s).
Also enclosed are amendment sheets for changes if necessary.
Please return the signed and notarized signature page(s) and
amendment sheet(s), if any, to our office for filing within
30 days from the date of this letter to comply with the
statute.
Thank you for your attention to this matter.
Sincerely,
Tiffany D. Goulding, RPR
HUNTER + GEIST, INC.
Registered Professional Reporters
Notary Public
My commission expires
20
21
22
23
24 Mountain Adventure Property Investments, LLC 4/25/08
25 (tdg)
c: Peter A. Cal, Esq.

Richard L.Harring, Esq.
Mark J. Fischer, Esq.
Laura O'Toole, Esq.
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allocated 58:6
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.......
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279:6,23,25 280:7
280:15285:19
293:18
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117:23155:25
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115:10167:10
170:6171:1,4
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15:1316:10 17:8
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28:8,15 33:945:5
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296:11,14,16,21
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HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490
In Re: Mountain Adventure property KIRK MOISAN
4/25/2008
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applications 4:6,9
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approximately
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April 1:9,12 3:2
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ARAPAHOE
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arbitration 252: 11
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architect 162:9
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architecture
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asking 10:2011:16
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232:24 261:7
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assemble 185:12
assembled 198:11
assert 166:20
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Page 4
Page 3
244:15
asserting 107:12
184:19
asserts 232: 11
assign287:18
assigned 246:4
287:21
Assignee 138:11
141:8
assignment4:1
286:12287:3,6,11
287:12,24 288:1
Assignor 141:10
assistantl2:19
14:2327:16
145:10153:24
154:6 155:9,14
assistants 174:13
associated 175:13
254:18
Association 4:20
214:1263:16
271:12
assume 153:23
181:16,19214:5,7
216:16221:22
252:1
assumed 229: 18
assuming 204: 15
223:3229:15
232:6
assumption 28: 10
181:22278:5
as-built 190:22
263:10
asbuilts 192:7
202:21205:1
213:21,24 273:7
attached 4:13
299:4,5
attachment 120:16
120:18,19
attachments 92:20
116:22117:1
120:4
attempt 111:5,8,25
193:24 194:5,15
200:16,20201:5
201:11,19222:20
277:2
attempting 79:24
attention 288:4
301:13
attenuated 66:24
attorney 197:10
296:17
attorneys54:9 82:6
279:21294:16,19
294:23295:14
297:2,18,25
attorney-dient
295:12,18296:11
298:2
_283:13
Atwell 2:19
auditor 7: 18,19
13:21
auditors25:14
Augnst 19:18,20
20:20,2321:25
30:25 31:2 32:2
37:16,17,18,19,22
38:1251:14,17,21
52:7,10,14,17
53:1,6 102:4,5
128:11171:2
176:12 187:12
188:10190:17
191:5,25 193:10
193:13,14,21,23
194:10,10,13
200:5,11,13
201:10,18202:1
206:17,18,25
208:3,5 209:20
211:20214:19,24
228:24229:5,7,17
230:1233:8234:3
234:9235:17,22
240:5 260:25
261 :23 263:8
269:1,7274:19
275:14279:15
AugnsllSeptember
230:13
Anstin2:20
authority 260:20
authorized 260:18
261:9,20
available 9:17
42:10 116:10
259:22
Avenue 2: 16
award 252:11,15
aware7:1912:8,9
12:1113:10 23:20
30:1 33:2,5 34:2
35:636:1553:17
65:4,1866:568:5
68:13,14,1869:17
73:15,17,2174:1
74:7,11 75:23
77:1978:1,12,13
84:13,1690:23
91:1292:2393:1
93:5,6,14,16,21
95:13 97:6100:15
101:12105:16,19
128:3147:9
154:15 166:4
201:25 224:6
225:22 229:9
236:15 238:16
252:9,12253:2
262:14275:2
277:22280:22
286:3287:14,22
288:2293:14
awfally81:3
a.m 1:12 48:24,24
93:11,1394:10
96:497:2099:8,9
106:3,5 110:5,6
110:19,22126:18
127:7130:11
131:1,10 140:10
140:12142:10
154:18157:14
160:20,22 165:20
165:22 169:23
171:13,15175:5
176:20183:4
186:8188:18
190:21192:12
194:3201:3,15
209:24212:4,13
214:23218:9
225:3226:15
235:13 241:1
242:23 244:5
247:11,13,17,18
247:22 254: 11
255:10 259:9
261:22263:21
264:22,25274:21
281:25282:14
283:5,5 284:6
286: 11 290:20,23
290:25
background 55:6
backside 272:5
backnp 32:15,17
174:4267:13
bad 231:4 232:20
232:25
balance 17:19 22:5
22:2025:2528:18
96:14128:11
135:4143:5
B
161:24172:11
back 8:18,1910:1
270:21277:11
14:517:721:13
babmces 12:20,20
21:1528:2134:18
50:6
38:1944:25 45:2 ballpark21:6,18
45:16,1946:23,24
173:11,13 244:12
49:3,750:10
bank 1:112:2,18
53: 18 83:6 90:20
36:472:886:8,16
89:23 105:10,12
105:14,16,18
106:17108:15
138:20 139:8,16
140:13,16,19,22
164:25 165:3
197:20220:4
252:10,22281:7
281:11 284:21
bankrnptey 1:1
57:9,13 66:23
73:2 82:23,25
83:2,11,14184:13
184:17,20279:16
Bank's 80:12
Barackman4:3,15
4:1619:1140:15
40:17,2041:13,15
41:1942:4,15
145:3 206:15
208:23209:10,10
212:1 222:19
236:17,23237:1,5
237:10 259:2
264:21 265:14
Baron 64:23
base 188:3 272:3
based 22:7 31:15
104:13 116:25
120:15121:14,17
122:21,22,25
126:6129:4
135:24139:18
140:6164:7
184:18234:6
261:1278:13
289:9,14297:24
basieaDy 50:4
60:17153:7
171:20222:2
basis 11:24 39:16
39:17,1953:3,13
53:14128:15
139:13177:10
236:19,22253:6
277:10
Bates 157:15
158:13 171:18
175:17,19176:8
185:20 186:8
187:10 188:23
198:15199:19
202:7
Bay 76: 10
Beach 76:2,5
bear 147:19
beat 197:2
becoming 248: 10
Beek 7:25 8:1,6,22
9:1813:13,16
14:722:2523:3
32:8,10,13,20
109:23 110:25
begnn59:16
beginning7:119:1
45:1852:255:6
56:158:16,18
60:494:9 106:4
108:19 110:21
118:18 119:2
165:4188:5201:2
272:2 290:24
behalfl:1119:25
40:11111:24
112:1 144:7,10
155:15,16 184:9
197:20233:19,25
234:2235:22
246:8253:21
260:18261:11
286:9
believe 12:1413:2
17:820:2223:8,9
23:11 26:3,5
27:1832:438:13
42:11 55:2466:3
74:2075:8 81:5
85:2590:4,8,10
90:13 117:1
120:17 128:25
133:20 157:6
HUNTER + GEIST, INC. 303.832.5966
800.525.8490
138:3,21 139: 10
139:15,20140:2,7
140:8141:16
146:17147:1
148:3151:21
156:1165:17
166:22167:18,23
168:1 169:21
170:10,13,17
171:9175:10
178:23 179:2
180:14182:17
188:11189:11,18
191:17193:3,16
194:7197:13
200:22 201 :6,13
204:9216:7,13
231:6,10232:5,16
232:23 233:4
234:21235:9
237:20238:5,9
244:8249:1,4
255:23256:23
257:22258:2
262:25277:15
278:11,14280:25
282:24 283:1
286:5,8,9288:23
289:2290:10,19
290:22291:14
292:11 293:8
294:8,25 295:7,10
295:17,22296:2,4
296:13,15,19,20
296:24 297:5,7,10
297:16,20298:1
301:3,7
best 37:14 39:8
42:2070:982:19
260:1265:2
271:17272:25
bet 173:14
better 123:4,8,8
140:7,8216:19
275:13
beyond 66:13
244:17
big 35:22 255:13
bigger 242:8
biD 34:21 38:644:6
114:12,15174:15
177:6,17178:3,5
178:10 193:15,20
213:11 225:3,5
246:12,13,15
249:20265:15
267:16269:4
biDable 246:23,23
254:25255:3
biDed 30:5 114:8
126:5 174:19
175:2176:19
177:9,12246:18
249:22 254:2,2,13
254:19255:4,6
267:13268:8,16
269:6273:2
billing 29:2 30:18
174:3 177:5,13,18
204:16245:23
254:18266:13
270:16,17
biUings3:14164:7
177:12266:2,4,6
266:9 269:20
270:13
binding 122:17
294:7
bit57:22 141:17
152:23225:3
264:5
blame255:21
blank 78:2
Blessinger 2: 14
258:8
blue74:18,1975:3
75:9,1376:9
147:12
boat261:15
Bob 2:21 35:15
36:7,8,962:5
144:21147:21
.-.- .... .....

..........."',.., ..... .. ......... ........ ..... ...... ... ... .............. ....... ...... ..........
...... .............u.....
HUNTER + GEIST, INC. 303.832.5966
.~
170:19203:7
204:14205:20
209:7213:12
221:5223:24
225:2230:2247:7
250:3257:6
264:10,24 266:8
280:10,16
believed 221:2
belongs 94:23
benches 228:2
Bend 56:3 69:25
77:4,16,22
benefit 244:21
245:9
Bernstein 2:5 3:6
5:48:7,15 12:17
14:1,10,1515:1
15:11,19,2416:10
17:25 18:4,8,13
18:17,1921:9,21
24:5,10,1827:1,9
27:2028:632:25
33:2434:2537:9
43:2245:1448:7
65:2,866:11,17
66:2074:579:2
80:1,2481:11,14
81:16,2082:1
87:7,1688:19
89:190:2,14,22
91:5,11 94:24
95:596:199:3,13
101:8 102:10,16
103:7 104:8 105:5
105:22 107:14
108:2110:14
115:17,23118:7
119:17121:7
123:6,11 124:20
125:1126:23
127:15128:18
129:15,20,23,24
130:21 132:20
133:23 135:12,19
135:23 136:24
'"....~.
~~,~~~~
..~
~~
~~
u.~
u..~,
~~~
~.~~
148:18150:22
151:13,16,19
153:1194:4,14
250:1
Bob's 154:18
boUerplate259:13
bond4:14215:5,6
215:9,10,12,22,24
215:25 216:2,3,6
216:12,12,16,17
217:2,3,8,16,21
217:22,25 218:5
218:11,14,17,18
219:17220:5,10
220: 15,24 228: 10
228:11,13,14,19
228:23229:3,8,11
229:12,15,16,20
229:23230:3,8,11
231:2,12,14,21
232:3,14,22233:2
233:5,10,12,13,14
233:16,18,21,24
234:4,6,18,20
235:5,15236:1,2
236:10 237:15
238:8,19,23239:2
239:5,8,11,13,20
240:2,3,6 262:2
bonding9:9
bonds 9:12 196:8
217:10,13 233:9
Booeo 164:9,11,12
178:13,17184:4,6
184:7,19,22 185:2
185:5 187:22,23
188:7211:19
212:1,5213:4,5
265:21 266:4,6,9
267:2,22268:7,12
268:14,20,22,23
Booeo's 188:1
268:19
books 253:22,25
borrower 104:3
105:2
~~~.u.w..~~,~.,
...".......... ..............
~
800.525.8490
4/25/2008
4/25/2008
Page 5
bottom 142:23
172:23270:8
bougbt 259:24
boulders 212:11,19
272:6
Boulevard 245: 1,2
Booud 5:2,3,4,5,6,7
box 121:6,9
boy231:5
Boyle 30:9
brenclt 136:17,22
136:25138:14,17
141:9,13288:10
289:5,13,20290:2
290:5 291:5,8
292:17,24293:6
293:18
breaches 293:13
break 46: 19 82:17
116:7,8 141:22,22
180:24183:10,12
183:14251:8
294:16,20296:3,7
297:4,8
breakdown 125:16
125:22 147:25
201:23
breaks 183:10
297:18
breaknp 228:24
briefly 57:19
bring46:15214:21
242:22
brood 69:3,4
bronght 69:10 80:7
111:14155:2
281:20
Brunie 196:6
261:24,25
brant 147:19
bncks38:7
bndgets 10:15
174:12257:2
build 263:24
bOOding 53:23
64:13 117:10
271:25
built 107:6226:9
bouch247:25
burued53:23
business 44: 18
197:22
buy 98:22 281:24
283:5,5,14284:5
buying83:19,23
buy.back 281 :22
C
c2:1301:20
cable 263: 17,22,22
Cal 2:2 3:3 5:3 6:9
8:13,179:312:23
13:17,22,2514:3
14:13,16,1715:2
15:14,2016:3,14
18:2,6,10,17,21
18:2221:13,23
24:10,22,2425:4
25:8,11,18,20
27:4,12,24 28:8
33:434:635:3
37:1443:2444:8
44:2545:5,16,23
46:17,2147:2
48:10,23,2565:6
65:10,1266:14,19
67:174:979:5
80:281:9,12,15
81:17,18,2482:2
87:14,2388:21
89:3 90:6,19,23
91:9,1493:11,19
94:7,1595:3,8
96:399:7,15
101:11102:14,18
103:11104:11
105:9106:1
107:16108:6
110:14,17,19,24
115:19,24 116:8
116:11,16118:11
119:22121:10
123:9,13 124:17
......... ............ ............. ............

depo@hWltergeist.com
124:22 125:6,9,11
125:13126:25
127:19128:22
129:19,22,25
130:23 131:20
132:23 133:24
135:14,21,25
137:2 138:5,6,24
139:13,17,20,24
140:5,10,17
141:24 142:3
146:21 147:3
148:8 151:25
156:2 158:14
165:20 166:4,25
167:20,24 168:4
169:23 170:12,15
170:20,21171:10
175:14178:25
179:3180:16,21
181:10,12182:20
182:24 183:2,11
183:14,16188:14
189:12,15,20
191:19 193:6,18
194:9196:23,25
197:15,18,25
198:8200:25
201:8,25204:12
216:10,19,21,23
217:1,3,5231:7
231:11 232:8,20
233:1,7234:25
235:16237:22
238:7,11244:12
247:16,25249:3,6
249:7251:12
256:7,24257:10
257:24 279:3,22
280:4281:3,5
282:23,25 283:2,3
286:4,11288:8,15
288:21 289: 1
290:9,14,17
291:12,15292:13
293:12294:11
..................
295:3,8,13,20,25
296:2,6,10,13,18
296:22297:1,6,12
297:17,23298:5,8
301:20
calculated 34:23
164:6
caleulating 31:8
calculation 160:9
caleulator 173:14
California 2:6
301:4
call 121:22 214:8
256:25 298:6
called 9:24 10:2
39:2460:12,15
69:1970:1671:10
71:2574:18
143:19153:19
163:12252:23
269:24 271:5
calling 85:21
calls 16:1118:8
89:1100:5121:24
132:21 295:2
298:1
Camp 69:22
Cuutafio 2: 15
258:8
capnbiJity 9:9
capacity 10:12,13
68:489:8239:19
capita1111:6,l1,13
card 55:24,25
care93:19154:18
155:19207:21
236:6,8237:17,22
238:1,3281:11
cared 238:3
carried 108:3
273:17,19,20
carry43:1,6,12,14
43:15,21 44:1,10
45:21 46:2,5 47:3
275:20289:11
293:21
carrying 46:8
47:16
carve 168:4
Cascade 70: 19
77:20
case 1:2 8: 12 10:3
53:2354:2073:2
82:23 133:20
160:18184:13,17
184:20232:25
cast 114:16
catch 98:1
category 203:21
cause215:21
caused 215:5
274:19
CEO/president
36:3
certain 65:15 81:11
161:2
certainly 54:4
244:9252:3
certificate 162:9
300:1
certificates 163:1
173:20179:19
180:7182:9
certifications
289:24 291:3
certified 3:8 162:4
290:7291:11
certifies 138:11
certify 182:10
299:1300:5,10
certifying 163:6
chuin 196:7 237:4,5
237:7
cltance24:2525:20
29:996:18116:4
134:4152:14
168:10 221:12
cltnnge 32:22
159:18,18,20,23
160:1,3,4,10
173:1 243:25
292:1297:2,8,14
Page 6
cltanged31:25 32:1
294:24 295:15
297:23
cltanges295:4
301:10
characterize
261:18
charge 83:14
129:12,25 146:20
190:7195:16,17
257:19
charged 133:18
247:10,21249:11
charges 128:16
244:2,3254:4
charging 164:21
203:25 204:7
chart 121:14
check 147:24148:2
148:10,12,14
166:19,24167:1
181:4,6,7 194:25
211:13225:22
259:25 264:20
265:12275:22
280:11 294:2
checks 149:23,25
150:3,15,17,20
211:16294:4
chemistry 55:12
CHRISTIAN 2:2
Cbristopber61:6
61:10
chronological
158:13
chronologically
25:17
chronology 193:9
circulated 92:5,7
95:2396:25
101:14 116:23
circulating 100:7
circumstances
216:15282:17
city 70:6,7 216:9
218:6,8,9,23
.......................
246:1,11,15,17
249:13,14,16,23
254:16,17
codes 112:9,11,13
coincidence 189:25
coUateral86:23
collect 134:13,16
collector 244:25
college55:6,7,11,14
55:15
Colorodo 1:1,5,11
1:12,13 2:2,4,7,13
2:1640:2371:10
71:14,15,18,20,22
73:2118:19
136:20142:17
149:2,7,8,12
240:21,21299:14
300:2,5 301:4
coluum 163:25
172:23,24173:2
174:23186:24
columns 268:22
combinations
79:21
combined 272:4
come29:2562:18
90:20 121 :25
147:11149:6
151:18152:1,3
160:20,22173:3
218:9226:15
245:10260:23
263:24 273:14
281:10 283:14,21
287:10
comfortable 51: 18
51:2252:11
coming43:1744:3
44:5142:17
147:12 177:14
192:16209:2
273:6
commencement
291:17300:5
commencing
141:11169:13
comment 20: 12
129:20252:17
comments 125:1,2
commercial 64: 15
69:21242:18,19
connuission 299: 19
300:14
commibnent3:15
197:22220:2
common 191:10
commouly217:7
communication
54:9106:19
147:20,25276:24
295:2,12,18
296:16298:2
communications
295:14296:9
compnnies56:17
57:3,1564:14
98:5 118:19
136:22,25
company 1:5 2:7
4:126:17,19,23
7:12,16,20,258:1
8:10 9:18,2410:2
10:411:1413:13
14:8,24 19:9
22:25 23:3 27:5
27:1732:8,10,13
32:19,2036:5
54:158:860:12
60:14,19,21,25
61:17,2568:7
69:11,14,1972:22
75:1487:4 109:23
110:25112:10
117:10 118:9,18
130:9131:8144:8
144:15146:19
162:11177:14
193:25205:13
214:21216:12
257:2260:24
261:23264:10
4/25/2008
HUNTER + GEIST, INC. 303.832.5966 /
confused 99:25
connection 286:24
287:13,17289:4
289:22 290:25
291:15
connections 245:2
Connell 168:21
259:19
consent 287:7,12
288:6,12289:23
291:1294:15
consider 7:10
consideration
87:25
considered 201:9
201:17,22202:1
285:5,6
consistent 11:25
162:6
consistently 98: 1
constitute 138:17
290:5291:8
constmction2:6,14
3:22,24 4:1,14,18
4:196:16,187:14
7:21,24 8:10,25
9:810:8,10 11:14
11:20,2214:24
15:2217:419:7
20: 1 22: 1 23:24
27:5,1633:17
37:238:239:14
40:1,10,14,16
41:18,18,20,21
42:1,6,1244:3,11
44:21 45:21 46:3
47:448:11,21
49:1751:4,6
52:1653:2458:19
58:2359:2,6,9,10
59:17,2360:4,6
64:3,567:9,19
69:10,1274:21
76:7 80: 10 84:25
87:4 90:25 92:2
92:24 93:3,7,10
93:17 94:2,4,12
96:5,13,1497:7
99:18,21101:3,4
102:25 104:13
105:13 107:11
111:15 112:5,15
112:19,21,25
113:13 114:2,6,9
114:10,15,22,23
114:25 115:9,16
115:20117:3,7,9
117:25 118:5,8,14
118:21 119:3,8
120:1,12,23 121:3
121:5,16,18
122:11,15,24
123:1,1 126:8
128:20,23 129:13
129:14 130:7,11
130:19 131:6,11
131:19,23132:4,6
132:7,10,18 135:5
136:14,18,19,23
137:1,19,22
138:13,15,18,22
139:5 141:4,10,12
141:13 143:21
144:8,15 149:23
150:1,5,7156:7
156:10,13,20
162:12,17,24
164:21,25 165:2,4
165:7,15,25
175:11183:1
184:1,23190:18
190:25 191:25
193:14195:11,16
197:4,11198:13
199:23200:19
201:4,9,17202:1
207:16209:5,11
209:14,17210:10
210:18211:4
214:3215:5,21,23
216:10 217:12,15
218:3,10,13,20,23
219:17,18220:23
222:17223:4,5
226:11,14,16
228:18230:2
231:20,20232:2
232:13,13,22
233:20 234: 1,2,5
234:19,20235:5
235:18,23,24
236:12,24237:14
237:15238:8,19
238:22 239:2,5,6
239:7,10,12,15,20
239:25 240:6,12
240:19242:11
245:19246:4,9
247: 11,22 248:24
249:15,16,18,20
250:12251:18
252:2,25 253:3,7
253: 15,23,25
254:1,14,14,24
256:1258:9,10,11
258:14259:8
260:2,3,7,12,14
261:21262:8,14
264:15265:4,21
271:16,24 275:15
275:19,20,21
278:18286:1,13
286:15,16,19,24
287:8,11,12,17,18
287:21,23288:9
288:20289:5,11
290:1,2,6291:4,6
291:9,16292:16
292:18,23,25
293:6,13,20,22
Constroction's
34:4 80: 10 84:2
117:20143:10,12
178:9184:25
235:14240:3
Consultants213:2
consultation 295:5
consulting 59:8
contact 258:10
contain 270:6
contained 278:22
contemplnted
83:21,25196:10
200:20 201:4
contemplating
30:2031:3248:10
contemplation
83:22
content78:19
context 192:6
contingent281:23
continuation
163:12,15,16
172:22186:22
189:6190:5
195:14200:4
202:6203:21
continue 49: 18
50:16107:24
122:24 125:3
127:11 129:5
167:4182:5
184:24 190:4
continned 51:7
123:2283:19
continuonsly 59:23
controct 3:14 4:14
17:919:125:25
26:130:1431:12
31:1651:596:13
130:19 131:18
132:4,7136:18,19
137:1,20,23
138:13,15,18,23
141:4,10,14
159:12,16160:8,9
161:1178:9
182:25183:25
184:6,15 185:6,13
187:22192:21
211:11,19212:5
218:19219:18
223:5,6235:18,24
236:4237:18
800.525.8490
4/25/2008
Page 7
composite 185:14
198:11
comprise 270:5
computer 32: 11
159:5,7
concern 49: 13
221:23
concerned 81 :21
103:2222:5
concerning 15:10
15:22 16:15,16,18
16:2124:1626:5
34:13,1935:5,8
37:5,2140:14,18
40:2441:742:5,9
49:478:1779:1
79:23 80:3,15
82:2283:885:10
85:16 86:13 100:6
122:6134:18
152:6 194:4,15
198:24236:10
297:13,14
concerns 53:7
concluded 298: 10
conclusion 132:22
concrete 223:25
224:4
coudition 138:16
175:2290:3291:7
conditional 4:7
166:10 169:24
203:11
conditions 141:2
164:4173:24
174:1,6,7,20,25
204:3,8,15,17,21
211:10 223:13,14
223:19268:4
270:22
conduits 213:19,22
263:17273:15
confer 180:17
confess 252: 15
confirm 15:5
confronted 80:8
265:6273:14
278:18287:8,11
287:17,23291:16
company's212:13
comparable263:7
compare 223:11
comparlng275:24
compilation 273:5
complained 252: 14
252:17
complaining
141:16
complaint 260:6
complete 160:22
163:8,23 192:1,12
206:15207:16
208:10,13,14,23
208:24209:1,7
217:18,20221:3
221:16222:8
223:7,17225:2,10
225:13,14,16
226:4,6,15227:18
228:25 229:1,1
230:15,15235:25
258:19259:19
260:4263:9,10
273:8
completed 108:4
110:9130:3131:3
135:16160:13,15
160:19161:1,15
207:12218:15
220:6,11 222:25
225:1233:23,23
262:16263:5,25
265:7272:1
273:10
completely 184:24
294:9,12
completing207:22
208:4273:6
completion214:12
214:23225:10,12
Completions 76:24
comply 301:12
.......
HUNTER + GEIST, INC. 303.832.5966/800.525.8490
229:21 233:6
235:11,12236:16
city.required 215:8
Civil 6:2
claim 11:24 17:10
17:13,18,2424:3
31:14,2097:14
167:15184:13,17
184:19222:7
232:18241:23,24
282:23
claimed 210:15
claiming 101:15
claims 11:12,19,25
15:10,1817:19
32:933:681:5
167:5,10 169:11
170:6 184:19
clarification 48: 1
79:2
clarify 19:23 27:2
131:22259:18
c1ear21:322:19
53:572:1999:18
118:19165:3
169:22207:10
273:17,19,20
295:21
cleared 72:25
clearly 97:1598:14
121:3136:6
169:17170:1
client 28:20 296: 10
296:17
clientele 9: 10
client's 140:9
Cliffs 240:13,15
c1ose57:7173:9
190:25251:7
c1nsed57:5
Closer 70: 11
closing 283:24
clue 147:12
code 112:24 113:3
113:3,7,15 115:6
245:23,23,24
Page 8
241:18,19260:24
262:17,22263:15
264:14271:1
286:15,20,22,23
287:2,13,18,21
288:9,20289:5,14
290:1,3,6291:4,6
291:9292:18,25
293: 13 294:7
contracted 117:10
211: 11 256:2
260:3264:7265:7
contractor 117:21
118:21 137:18
160:19,22161:2
161:18162:23,25
169:3 173:19
179:18180:7
181:5182:4,5,6,6
238:2259:14
270:2288:6
289:23291:2
294:15
contruetors 160:17
272:2
controcts4:140:10
50:751:4,9,10,13
104:13,14 128:20
128:23129:14
130:7,12131:7,11
132:10,18 136:23
184:25 270:18
286:13289:13
293:7
contn'bute 109:9
contn'bnted48:6
85:188:6109:18
257:4
contn'buting48:11
contn'bution 99: 1,5
99:11,24 111:6,11
111:13 122:16
contnDutions
98:23
control 61:25 62:1
134:24 193:24
194:5,16200:16
201:11,19261:1
controller 12:19
14:2427:1630:9
coutroversy 300:6
conversation 37:4
37:13,21,24,25
38:2239:1,3,7,9
41:678:4,7,24,25
80:3 127:4,18,24
143:15146:1,22
146:24,24147:4,8
151:23 153:10,13
153:16,18154:15
154:20,24180:18
208:18,19,21
209:4,9,16230:18
232:7238:17
258:17,23259:4
279:5,7,11,13,18
279:20,23 280:6
conversations 33:3
36:15,2537:1,6,7
38:7,15,18,19
40:21,2454:23
79:1980:13,15,20
80:2281:186:12
100:14122:6,8
134:22141:19
151:25229:4
233:22252:13
279:10
cooperatively
76:20
coordinated 58:7
68:21
coordinating 94:3
94:12
coordination 60:21
64:11
copied 145:3
154:11
copies 25:7 215:2
copy24:12215:1
301:9
copying 144:24
corporate 74: 10
129:12
correct7:119:13
11:114:14,18,21
14:2520:1922:23
26:2028:10 31:23
31:2435:9,18,21
35:2437:23 38:13
39:20,2342:7,19
43:847:2351 :11
51:12,15,18,19,24
52:1953:7,8,10
53:11,1554:21
55:1,256:22
57:16,2459:1,18
59:25 60:2,10
61:1,11 72:2,11
72:12,1589:19,21
92:2,5,8,9,10 95:4
95:1997:11,14,16
98:11100:7,16
102:6,9,15,19,20
103:21104:1,2,4
104:5 105:4 107:9
111:20 113:2,9,10
114:3117:4,5,16
118:3,12 119:23
120:13,19,24
121:20122:24
124:6 129:6,9,10
130:20131:19
133:3,4,16 135:8
135:9,11137:23
138:25139:1,6,7
140:24142:22,25
143:1,8,22 144:4
144:5,9,22,23
145:1,2149:13
150:5,6,9,10,11
150:19152:18,19
152:21,25 153:6
156:8,9,11,12,18
156:19 158:19,22
159:8,23,24 160:1
160:2,5,6,10,24
161:3,4,9,11,19
161:20,23162:2,5
164:2,5 166:7
167:2,3,13168:25
169:1,5,6171:8
171:21 172:5,9,14
172:15,18,19
173:10 175:1
176:2,4,5,23
178:15179:7,9,10
180:13 183:5
185:5186:13,16
186:17,19,20,22
186:25187:1,7,13
187:14,18,19
189:2,4,5191:16
191:22,23193:15
193:25194:1,6,20
194:21199:10,11
199:13,14,16,17
199:24,25 200:2,3
200:6,7,17,18,21
201:5202:11,12
203:24204:2,14
206:5,6,9207:13
209:6,17,18210:9
211:6212:22
215:19219:20
220:25223:8
224:11,21226:19
228:12230:10
231:25232:4,15
235:20236:19,20
237:2,3,5,6,11,12
237:16239:16,17
240:4 242: 10
243:14245:20
246:4,5247:12,23
247:24248:20,22
252:2260:5,16
265:13,16266:5
268:10271:7,8
272:12,14283:25
284:3286:17,18
286:20,21 288:6,7
288:13289:16,21
290:7291:10
292:2
corrected 13:9
23:2125:12
100:18,21,22
234:10
correcting289:18
correction 119:5
120:2 270:20
271:2
corrections 119:14
correcdy 24:9
115:6 170:8,11,14
265:11268:6
cost 67:2088:4
98:23165:1,1,5,8
165:15,25 174:23
175:7,12243:21
246:24254:18
Costco241:16
costs 47:4 53:24
211:4,10 284:2
counsel 91:22
129:16277:13,16
279:25 280:1,7,8
280:9,12,14
282:21 295:5
300:10
coouty57:19 107:1
109:14262:2
299:13300:3
couple 12:12 38:14
63:24 64:22 70:22
70:22 100:19
106:2 116:21
146:11176:20
course 18:24 23:6
236:13,24
court 1:114:4
54:11,18,24 90:21
cover 10:13157:10
167:11170:7
174:6
covered 174:9
181:24
covering 169:18
170:2186:25
.~~~~~~~.~~.w..w..~.v...
HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490
HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490
4/25/2008
4/25/2008
Page 10
Page 9
covers 167:8
170:18174:7
180:5 186:12
CPH36:18
ereate 17:2 22:18
29:18103:10,11
103:13 107:23
121:9159:3221:8
created 22: 11
29:2330:10,13,17
30:24 31:8,9,22
52:1761:1788:23
93:2,5,15 103:14
103:19104:24
106:8134:15
221:7227:9
235:10 249:24
254:15,20278:20
creating 30:8
103:17284:21
creation 16:17,19
29:16,19,2130:4
38:8,15,19,23
credit47:1885:10
85:15,18,19,22,22
96:12164:11,12
220:4236:14
270:16274:3
creditors 94:3,13
95:19
Creek4:11 12:21
13:1414:917:5
17:11,2321:8,20
22:224:426:6,12
28:2431:1446:12
46:25 79:7 136:20
184:23185:3
198:12214:1
240:11241:18
256:10 260:12,25
262:3,7,15,18
263:6,12,13
270:10,11 275:21
284:16
crew213:21
Crook 57: 19
crossing 227:14
crossings 190:22
202:21 212:2,6
263:10,19,25
265:19
271:5
dales 118:22
177:14210:19,25
225:25264:4,21
265:15266:3
cross-examination
294:1
288:24
Dave 261:24,24
crystal 295:21
David 196:6
culvert227:14
Davis 2:22 280:15
culverts 227: 11,22 day 76:18 91:25
current50:7161:7
92:14,15200:12
162:6163:2
203:12236:23
172:17 179:6,20
298:6,11299:14
275:23
300:13
currenlly 8:23 22:5 days 78:22 79:13
22:2071:2
80:23154:17
costomer 57:8,10
155:20,22259:20
cut 196:21,25 272:6
301:12
dea140:5,5,6 52:2
D
83:12,1697:23
D 1:12 3:16:13,13
154:14 155:23
300:4301:16
194:5,15228:14
daDy4:1839:2
229:2263:15
damage 226: 16
266:9284:9,11
Dan43:16270:1
dealing60:18284:9
280:13
284:25
DANIEL 2:8
Dear 301:7
dash245:21246:1
deht48:6,1285:1
267:14,15268:15
102:24 104:13
268:16,18,19
107:18 122:2,5
date25:1637:13
126:7 127:8 129:3
39:1,557:182:24
236:14289:10,12
125:5 149:24
debtor 1:7 8: 12
153:3 160:8,13
10:373:1
161:15167:12
dehlleqnity 88:1
170:8181:24
December 149:16
188:9,20193:13
167:10,17,25
194:12,25 195:15
168:8170:3,6
196:21,22206:21
250:23 264:25,25
210:12,14211:1
273:2,4,25
221:9249:24
decide 31:19 96:10
279:12288:11
129:11 133:22
301:12
decided 122:24
dated 14:18 25:18
130:10 131:9
38:1252:4102:4
132:6 133:18,21
137:18194:23
192:25
200:5211:19
decides 193:14
decisions 260: 18,21
261:20
deducted 262:21
deductiug 189:22
203:22
deduction 164:10
164:10 270:19
deducts 195:16
deed 105:1,7107:8
107:13108:5
109:13123:9,12
123:15124:11
127:14,20128:1
133:12,12136:5
144:3
deeds 135:17
143:17,19,20
deemed 81:7
default 138:14,17
138:23 141:9,13
288:10,20 290:2,5
291:5,9292:17,24
defer 134:21
define 71:24
defined 72: 18
137:19
definitely 21:2
78:10 118:23
119:10,21268:23
delegation 10:13
de6very 174:13
Dena2:22
Denver 1:12 2:4,7
2:13 301:4
department 29:25
30:358:4,5
dependent 273:18
depending 160:25
222:17
depicted 242:24
243:8,9
deponent 197:24
deposed 53:19,24
54:3,10
deposition 3:11
12:324:13,23
29:885:591:13
96:16101:17
125:12137:5
142:1157:1 168:9
185:8196:14
197:21 198:7
205:6217:4
221:10 222:9
245:12250:19
299:2300:7
depositions 54:5,8
deposition(s) 301:6
301:8
descrtbe 259:7
270:4
description 115:10
115:13,14205:15
descriptions 115:2
design59:8,12
designated 15:21
designs59:13
desire 276:24
detail 252:19
details 44:7 75:21
determine 17:2
27:22 31:13 34:3
230:17267:13
determined 230:8
230:11
developed 66:7
283:20
developer283:8
Developer's 220:3
development 2:12
3:23,24 6:21 7:6,7
10:834:10 36:4
36:10,12,1746:12
46:13,2547:1
59:962:2363:2
64:1565:1767:8
67:1868:9,12,16
69: 11 71 :20,21
72:1,4,7,8,9,10,14
73:5,7,13,17,20
73:2574:375:8
75:14,1876:16
77:778:1788:4,7
89:4,12,21 92:25
93:7,10,1794:2,3
94:11,12104:3,7
104:10,14111:15
136:20 137:23
169:4220:14
244:22250:4
256:13 278:3
developments
60:1869:1674:3
74:11 75:14,23
de-mobed 223:16
Dick 262:25
died 154:19
difference 172:16
173:7276:14,17
276:21
differences 255: 19
257:6
different 33:15
41:2259:10 81:10
90:5127:20
163:19 186:3
221:21240:17,25
253:5255:16
266:6267:18
differenlly257:9
difliculty 255:18
direct68:15139:17
139:24 140:5
187:24207:16
246: 13 259:4
295:15297:12
directed 190:16,18
195:25213:20
248:3261:4
269:17
directing 81:18
139:13 146:6
246: 11 288:4
295:9,11296:14
296: 15,20,24
297:11,22
direction 127:11,23
155:17191:6
207:19243:25
277:13
direclly75:9185:2
185:7209:24
dirt 243:2 272:4,8
disagree 81:14
274:16
disclose 105:10,11
105:13,15
disclosed 105:18
discovery 81:10,13
281:3
discuss 93:25
142:18143:3,4
147:17195:23
278:6
discnssed 44:7
196:5262:5,10
280:1
discnssing 37:10
66:22 134:23
150:25 281:13
discnssion 34:20
42:1443:2544:2
49:450:979:17
82:10,13,1484:1
84:6122:1208:4
230:19262:12
277:25284:15
285:2,14
discnssions 35:7,10
35:1240:12,18
41:1642:578:16
78:1979:19,23
80:1 81:2,4,12
82:3,6,9,10,20
83:7,10,1292:23
93:6,9,16,20,21
100:5 134:17,20
134:24135:1
142:13 152:6
198:22207:10,20
207:23208:8
228:9,13,21,22,25
229:2230:14
........... .....................
HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490
4/25/2008
231:17233:13
238:21284:19,20
285:9,15,23286:1
297:2,7,13,25
disbonest90:9,11
90:13
dishonesty 90:16
disk 32:17
dispatched 58:6
DISPOSITION 5:1
dispnte66:16136:8
136:11,12
distance 240:24
distracted 247: 16
District 1:153:23
division 270:3
document 3:20
12:7,8,9,11,16,18
12:2413:1,4,4
18:921:5,17
29:14,17,18,20,22
29:23,24 30:1,4,9
30:11,12,17,23
31:7,9,1148:20
53:485:6,7,8,21
85:2486:3,25
87:10,11,12,13,20
87:2488:2391:18
91:2092:1 94:16
95:6,11,1596:21
96:24 97:3,9 98:7
101:23103:12,13
103:14,17 104:22
106:6 120:23
122:18 123:3
124:6,9,10 125:14
125:18134:10
135:18137:16
138:2 158:16
162:10 169:2,18
171:21185:18,21
185:24 186:4,7
191:9193:18,20
197:3198:17
219:3,4,9,13,23
221:2,6,13,15,25
222:1,14226:22
226:23227:16
228:3,16262:13
270:12274:12
275:3286:14
289:23291:2
documentation
34:23
documented
229:20
documents 12:14
12:25 13:818:1
20:7 22: 11 23:6
24:1433:334:18
35:3 44:15 46:6
48:1785:9,25
86:197:4100:6
101:13,15104:23
105:20 106:7
119:19125:7
137:14162:12,13
185:14191:14,18
198:13 203:5,8
210:13 221:11
240:9241:22
257:14,18267:3
270:5 282: 19
doing 64:3 115:2
115:11146:12,16
189:24 190:22
197:2202:21
238:2 256:2 264:9
264:11 272:3
Dolezal 2: 18
dollar 33:9
dollars21:7,19
22:1192:4 196:9
208: 10 244: 10
264:14267:5
271:14
Don 3:12,1313:16
14:2025:2428:13
35:13,17,2239:16
39:1840:12,22,25
42:2543:1749:18
49:24 73:16 77:3
. .......... ...................... .......... ..................

HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490
4/25/2008
Page 12
Page 11
34:9 98:9,13
181:25 184:23
121:2,18 123:1
185:2258:9,11,14
126:7 130:8 131:7
258:24 259:4,7
260:2,2,3,8,12
135:4 136:3 161:8
162:7163:3
261:4
172:18179:6,21
Elam's 182:25
184:3293:10
Electric56:3,5,12
56:19,21,24 57:5
duly 6:6 300:6
57:12,17,21,23
dummy278:9,16
58:10,11,12,17,24
E
59:11,19213:25
E2:1,13:157:21
263:16271:12
57:2358:11,12,17 e1ectriea155:16
58:22,24 59:11,19
191:1
163:25172:23,24 electrician 55:18
173:2186:24
55:20,23
Eagle240:21241:7 elevate 18:16
241:9,13,15
elevation 265:8
earUer22:1672:18 elk 151:4,6,7,11,15
72:24 77:4 212:11
151:24
227:7239:14
employ 7:21,24
271:11,14286:11 employed6:15,16
293:19
8:25 300:10
early 191:24 194:6 employee 28:5
194:9,9206:14
59: 16,23 209: 11
207: 15 234:3
209:13 245:18
262:22 264:25
254:1
288:3 289:5,20
employees 10:14
Earned 161:13
19:2420:2,3,10
EAS76:24
20:13,17,20,22
easier181:17
60:23175:9209:5
easy 171:6
209:17,21210:1
edueationa155:5
240:25 253:4
effect 103:1138:14 employment56: 1
290:1291:5
58:22
effective 169:9
enclosed 301:8,9,10
257:13
encompnss 188:6
eight 125:8
encompassed
E1N1:6
242:12
either 28: 19 66:4
ended 149:5 259:21
74:13 78:4,24
ends28:16 192:10
155:2239:25
engineering 69: 11
254:5257:20
213:1
276:21 284:22
engin.....approved
Elam2:14179:24
162:14
180:12181:2,4,13 enter216:11
181:17,18,19,22
..v...
~.~.v.v.,"""',.
219:18261:20
283:4
entered 51: 10
55:11,16154:20
286:16,23
entering 30:8
Enterprises 36:9
61:15,1662:4
63:1768:1169:8
71:4,5,9,14,19
72:3,13 73:6,19
75:1,276:4,13
144:7,11,15
241:12253:18,22
254:3257:20
entire59:1166:12
87:12 131:24
135:4
entities 7:8 9:169:8
71:2173:14,25
74:15,1776:1
77:24,25 80:9,11
104:24 106:8
118:20286:10
entitled 156:23
161:2,18295:4
entity 40:25 66:4
66:22 70:14 71:4
74:875:19 103:3
131:25
entrance 187:5
190:7 192:22
193:1195:18
205:25206:8
245:1
entries 114:20
entry 114:11
190:23 246:1
252:11
entryway 262: 12
eqna1189:19
eqnipment 167:9
167:16169:10
170:19202:13,18
202:24 203:25
214:21,22268:3
272:7
eqnity 48:6,1285:1
88:2,4,6111:14
111:17,22285:7
eqnivalent 262:2
escapes 259: 1
Exq2:2,2,5,8,11,14
2:14,18301:3,20
301:21,22,23
essence 161:17
192:19252:1
estabUsh295:25
estabUshed 93:4,14
estate 60:20 64:12
282:7283:22
Exta1es70:19
estimate 37:14
223:8
estimales67:20,20
estimating 58:4,5
eve 83: 14
event 138:15141:9
218:19,21 254:25
290:3291:6
292:17
everybody 41:3
153:21 209:8
256: 11 285:1,6
every-two-week
293:23
exact37:2538:25
39:5,570:5244:9
exaclly 11:15 30:10
42:2149:1264:22
174:4190:11
202:16,24215:25
221:9240:16
251:21 269:2
exam 66:13,24
exantination 1:8,11
3:26:88:14
12:25124:14
140:18198:3
258:5263:2279:2
286:7 292: 12
300:5
examine24:15
example 257: 19
270:19
excavate 187:3
Exeavating 56:5,24
57:6,13,18
excavation 164:13
204:6205:3
267:14
exception 175:3
excess 204:8
exchange 111:17
152:24
exehanged 34:18
194:13
excluding 169:15
exclusive 268:23
exclnsively 268:20
excuse 29:2 40:20
263:12
excused41:16
execute 103:8,9
133:7
executed 44: 14,19
46:6 103:5 109:11
122:20 124:12
128:2 130:5,9
131:4,8133:1,5,9
135:15 136:2,16
168:13,17,21
200:10 219:1
231:15235:11,24
288:5,11294:10
294:12
executing 156:18
execution 122:22
executive 6:21 19:6
153:24 154:6
155:9,14246:1
249:23
exhibit5:112:3,5,6
13:1114:624:23
24:2525:21,23,24
28:21 29:4,5,8,10
32:5,9,2485:5
91:13,1696:16,19
77:680:897:15
97:1798:15
100:17108:11
121:11 134:22
143:9,12 144:24
144:25 146:12,16
146:20,25 147:23
148:9,13,17,20
154:21155:2
194:3,14196:5
208:8222:4
233: 17 244:1
250:1261:25
284:20293:17
donn32949@gm.
4:2
door 10:22,25
double215:2
Doughty 35:15
36:1,2,3,6,11,22
73:1574:1675:6
75:2576:1677:7
77:2579:180:2
80:23 82:21 84: 15
89:14,17,20,23,25
90:9103:15,16
144:25 145:1
165:6,10 194:4
277:8279:5,23,25
280:7,14285:19
draft 213:22
257:17
drafted 221 :25
222:1
drafting 222:3
dramatics 139:21
drawing78:1
213:25
drawings 190:22
213:21 228:1
242:17,24262:19
drawn 166:24
draws 106:18
ductwork263:17
due 11:2317:19
22:5,2023:17
101:17,20120:7,7
120:10,21123:13
123:19125:13
126:10 134:4,5
137:5,6 142:5
152:14,24157:1,4
168:9,11169:25
170:22171:14,15
185:8,10,14,17
186:2 196:14,16
198:7,9,10,12,14
205:6,8206:1
210:4217:4,6
221:10 222:9,12
223:10,14,15,20
224:17225:6,7,18
245:12,14250:19
250:20251:15,23
262:10 263:7
266:12,16,23,24
267:7268:11
270:8274:7,8,13
274:14,15275:25
275:25 276:3
286:13 288:4
exhibits3:115:2
31:2332:23
125:12142:1
267:6275:24
278:2
exist241:19
exists 138:14,16
290:2,4291:5,7
expecting 126:3
expense 270:25
expenses 164:7
174:10,13,22
175:9,13
experience 67:9
111:16
expertise 111:15
expires299:19
300:14
explaio32:16
124:17245:8
explained 22:10
familiar7:1787:10
87:13125:15,17
125:21156:7
157:18,21217:9
286:22
family61:5,7,18,21
61:2362:363:23
69:771:6117:13
117:19
far76:19 89:22
152:2,3192:17
195:8198:1
207:14210:24
219:16228:10
239:24 240:22
244:18245:11
270:21 288:25
fathe...in!aw 56:8
56:11,16,20
Fehruary 175:17
176:1,7,15177:6
177:13,16186:13
188:18 199:6,10
269:1,6
Federal 6:2
feel261:1
fell 192:2,5 255:11
256:14
F
fellow 146:1,7,23
faci6ties 174:8
fewweek 38:8
faci6ty 67:21
Iidelity215:5,6,22
fact 25:14 26:19
215:25 234:4
37:8105:1121:17 Iigare49:15,16,19
191:19201:8,16
49:2083:16
218:9220:22
113:12
240:2255:5266:8 lignring 31: 10
294:7,19
49:23
facts 122:7
liIe57:13162:14
fair66:1678:3
181:15192:24
147:18 154:5
215:3270:4
257:24
276:24
fairly69:387:18
Iiled57:982:25
faith 38:5
83:284:7,11,14
fal1192:12
liles 12:1316:7
fal6ng255:22
17:1,722:11,17
257:4
25:7269:19,21,24
false 138:19166:5
127:5
explanation 174:1
expressed 39: 10
42:17,2149:13
97:17
expressing 293: 17
extend 245:10
extended 245:3
extent 165:6 296:9
296:11
e-mail3:17,194:2
4:5,15 34:20,22
92:4117:23142:7
142:14,21,23
144:6,14,20,21,22
145:11,12,14,15
145:20,23147:11
147:14,14148:8
152:15,17153:1,2
153:20,25 154:1,3
154:9,12,17,18,25
155:25
emaiIs 116:22
120:3,4 152:24
153:10 156:3
194:3,13 195:10
293:15
270:3
filing 17:23 30:20
31:383:14107:6
114:19184:21
198:3 200:20
201:4202:2219:7
219:8241:25
242:3,6,7,13,19
242:25243:1,4,7
243:16244:4
265:4269:14
277:5,6279:15
301:11
liIIed115:5
1ina1270:13
finance 6:22 49:24
60:2069:13
146:20283:8,10
fmancial8:2,5,21
9:11,1511:13,17
23:23 24:2,11,16
32:1833:6,8,11
33:18,2134:4
109:20,22,24
110:25 262:22
financials 9:2,4,16
25:234:2
financing43:1,17
44:5 86:4,15,18
104:22 105:3
106:7 122:21,23
151:18152:7
169:5222:7
256:17,18,19,20
256:22,24 281:7,9
find 25:7,12,13
42:1380:2191:20
178:5,16181:13
183:4187:2,6
188:14,20 195:4
225:5241:22
247:4257:18
279:4
finding 158:9
fine66:1882:1
90:22140:2
finish46:21161:24
191:9 192:7 196:3
206:18207:7,19
linished 190:24
196:11217:19
IinisWng208:11,12
lirm 7:22,23 8:24
250:17 258:8
280:15
Iirms250:16
Iirst6:6 36:3,4 37:3
37:10,12,13,16,20
38:22 39:9 48:2
60:1,5,772:882:5
82:1686:2291:15
91:1995:4,696:5
96:10,11 97:11
98:22101:16
102:8,13 108:13
133:11137:16
149:15157:7
168:20175:20
191:4 193:7,24
194:10 200:4
201:10,18205:10
206:4208:1,2,3,5
217:6219:1
227:20245:14
267:11 281:7,11
281:22293:2,5
1iseal28:16
Fiseher2:143:4
5:6258:4,6,7
262:23,24301:22
live 56:25 66:21
141:23150:17
live-minnte 141:21
flat 242:22
flew 149:9
ffip 186:21199:18
flnaling 195:11
Florida76:2,5,10
flown 240:23
fly253:11
Flynn 250:24
focns20:241:5
..,......",.."",.....w.'
depO@huntergeist.com
HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490
HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490
4/25/2008
4/25/2008
Page 14
Page 13
42:247:1391:19
171:14179:5
209:19
foeusing 170:24
207:25
folks 74:4 82:4 94:1
94:11 241:6246:8
256:8
foDow25:394:6
276:11
foDowed 109:2
foDowing6:177:8
130:13131:12
163:11
foDows 6:7 8:20
14:621:1645:3
45:1946:2593:14
94:10 99:10 106:5
110:22131:1
140:13 165:23
201:3,16247:19
290:25
foDow-np 87:15,17
279:4286:5
food 237:5,7
force 138:14 290: 1
291:5
foregoing 299:2
300:8
foreman 266:14
forget 92:15
form 14:14,15
15:11,19,2416:2
16:11 18:3,18
21:9,2124:527:1
27:9,2028:6,19
28:2032:25 33:24
34:2542:1848:7
65:2,874:5 87:8
90:2,1491:5,11
94:2495:5 96:1
99:3,13 101:9
102:10103:7
104:8105:5,22
107:14108:2
115:17,23118:7
119:17121:7
123:6,11 126:23
127:15129:15,22
130:21132:21
133:23 135:12,19
136:24137:17
138:21139:15,19
140:7146:17
147:1148:3,14
151:21156:1
158:25 159:3,4,6
159:10 165:17
166:22167:18,23
168:1169:21
171:9173:18
175:10180:14
182:17185:23
188:11189:18
191:17193:3,16
194:7 198:20
200:22201:13
204:9213:25
216:7,13231:10
232:5,16,23233:4
234:21 235:9
237:20 238:5,9
244:8249:1,5
255:23278:11
281:1287:15,24
288:22290:13,14
290:15293:8
294:8300:8
formal 239:9
formoUy 234: 11
287:20
formation 118:17
formed 44: 18 70:14
71:22159:4
forth34:18194:3
241:2
forward 50: 16 51:3
52:2282:1883:9
104:24 106:8
127:12129:5
forwarded 91:22
forwarding 155:16
forwards 153:23
Fossil 150:21,25
152:12,12
found231:1235:17
foundation 15:1
24:627:21 28:7
33:1,25 48:8 65:3
65:9,10 99:4,14
102:11 103:8
128:19 129:23
180:15 216:8,14
281:1
four 56:25 150:17
265:3269:14
fourth 87:1
four-month 265:18
frame7:421:5,17
21:25 35:1150:2
62:1397:24
134:23 142:11
143:11 169:22
194:6209:20
214:16227:19
229:21 230: 13
258:19259:20
263:9265:1
273:21279:14,14
282:9293:16
frames 264:7,8
frequenUy 149:6
Friday 148:24
Friedberg 250:25
friends 70:25
front 34:3 119:20
120:7125:4
198:17205:7
216:16250:20
251:14264:14
271:15
frozen 275: 13
frostrated 145:25
146:5
frostration 39:11
42:17,21293:17
FSB 72:8,1473:6
73:12,16,20,25
74:375:676:15
generaI28:157:21
77:785:10,16
58:1,3 164:3
88:18,21,23 89:4
173:24174:1,6,7
89:4,7,9,12,13,15
174:19,25175:2
89:20 92:25 93:3
204:3,7,15,17,20
93:7,10,1794:1,2
211:10 223:13,14
94:11,12281:18
223:19238:2
259:13268:4
281:19284:11
fuIIi1led223:4
270:22
foU 72:22101:3
generaUy 259: 12
110:9138:13
270:3
generate 221: 1
179:24 182:22
184:4263:19
generates 283: 13
264:12,13290:1
genUeman 181:8
291:5
genUemen 83:9,10
foUy141:4
Gerald 64:23
fnU-time 60:23
Gerdes56:3,19,21
funds 283:24 284:1 Gerlock 210:6
getting 10:17 43:19
funny216:17
furnished 167:10
43:1944:2449:24
167:12,16169:10
50:359:1466:19
170:5,7171:1
103:4127:7
134:18,25151:2
further 278:25
292:11 300:10
175:8,11182:19
fUlore50:16,22
223:1 229:1 236:9
52:2253:2,14
248:3258:21
167:14245:4
281:2285:13
283:18,19
give 33:8 37:14
FW4:5
39:647:1856:1
69:486:2 160:21
G
168:2177:8188:3
game 129:12,17
244:7265:14
games 130:17
given 32:17 96:12
131:16
97:24 143:21
gas214:12,13
164:11 219:3
224:19,22225:9
277:13 282:5
225:16272:22,23
297:19300:9
gute 187:5 190:8
Glade4:19197:7
192:7,22193:1
250:24 251:13,21
195:18196:3
251:23276:9
205:15,25206:8
Glade's251:19
207:16,19208:15 go 28:20 38:19
208:20,22
40:2255:11 65:12
gathering 12:24
77:5 83:6 90:21
23:6
115:20,21127:13
GCH3:18,20
129:5135:17
GEIST 301:17
137:25 148:3
158:24 169:23
170:16171:13
172:22 173:25
176:6,7178:12,20
182:24 183:3
186:24 187:9
188:22,22189:6
191:9,25192:25
193:7 196:3,15
197:18,21199:4
203:9,20 210:7
229:20231:16
241:1 244:5,17
247:13 251:8
254:17257:11,13
259:9261:10
272:24277:23
298:6
gouIs 257: 1
goes 157:8 254:23
going 8:7 10:1,4
14:10 21:1124:12
24:1333:1438:25
39:6 40:2 42:23
43:1844:4,6
46:1748:549:13
49:1750:1652:22
52:2253:1 57:20
66: 11 80:5,24
81:6,7,2382:17
82:17,1883:9
85:1487:790:15
90:17,2091:1
96:22 97:4,5
104:17 106:19
115:6 123:7 127:8
128:1129:9
130:15131:14
132:20 134:21
135:2,7144:25
147:16,17,24
148:10,12151:17
151:18157:2,4
158:14166:11
170:23171:14
172:17175:15,15
175:16,19192:25
194:3196:2
197:16,22198:2
201:21 202:19
208:9218:2,22
222:16223:11,18
228:9 229: 13
234:18246:18
247:4251:5,8
252:21 254:16
256:3257:11
259:18260:23
261:14266:14
270:2275:19
280:25 294:25
295:1,6,8,11,15
295:25 296:4
297:12
going.forward
53:2,13
good6:10,118:13
27:8,15,1828:1
38:543:1677:5
106:13 171:13
172:2 232:20,25
267:11
goods 171:1,4
gotten 16:4,6 88:22
Goulding 1:12
300:4301 :16
Government 69:22
grab 202:25
graded 242:21
grading 271 :24
272:11273:16
Gragg2:813:15,19
13:2425:1,4,6,15
46:14,20 116:6,9
116:13124:16
125:8,10 141:21
181:8 183:9,13
196:21 216:17,20
216:22,24217:2
270:1,1277:23
279:19,24280:13
290:12,15,18
296:6,8,23 297:7
298:4,6
Grassy 4:1112:21
13:1414:817:5
17:11,2321:8,20
22:224:426:6,12
28:24 31:14 46:12
46:2579:7 136:20
184:23 185:3
198:12214:1
240:11 241:18
260:12,25262:3,7
262:15,18263:6
263:12,13270:10
270:11275:20
284:16
grave1212:12,18
212:21 224:13
Great215:4
Griffith 3:17,19
280:10
Grimshaw 2:12
Grissom 3:17,19
group 83:13,19
84:586:1598:12
117:18208:9
218:3222:7
227:10228:17
260:25
group's 38:5
guarantee 220:2
guaranteed 220:4
252:23
guarantees 69:13
252:22
guarantors 252:9
252:13
gnard98:2
gness 124:13 175:1
225:13 227:23
266:13275:3
gny 154:4179:13
237:13
gnys25:1246:22
79:16152:11
13:13 14:817:5
17:11,2221:7,19
22:2 24:3 28:23
47:21 79:7 198:12
202:20212:7,8
H
213:4214:2
H 2:2,5 301:3
236:15240:11,14
balf23:25 180:3
240:15241:18
192:4 226: 12
262:17,18263:5
264:14271:13
263:13264:19
halfway 138:1
265:3,5269:16,18
hand 203:4
270:10,10,19
handicap 223:21
271:18273:11
Handle 155:6
275:11276:25
handled 19:8 40:7
277:4281:8
154:13 155:7
hauled212:15
hands241:18
214:21 227:6
handwriting
Hayden 3:15 4:6,17
123:24124:1,3,4
9:24 25:25 29:6
124:9
40:4,2347:21
hang 152:6
60:263:578:7,17
hanging 151:17
79:1,3,4,5,7,10
229:23
85:11,17 86:5
happen 44:6
94:17107:1,6
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liens 84:9,11,12,14
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marking 204:6
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markings 212:2
manied56:14
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4/25/2008
Page 23
play 129:11,17
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180:16,18186:6
197:18199:4
209:19210:4
212:4,24219:5,25
221:13222:12
225:6266:18
290:23301:11
plenty 195:4
pins 88:3 161:24
165:5
point 44:20 46:4,6
65:5 68:22 69:7
69:1677:1283:1
110:4,6 116:6
130:9,16 131:9,15
154:7,8,22161:1
161:5178:3179:9
184:3 186:19
199:15225:15
232:8246:19
263:19271:19
272:9,15,18,21
289:12
points 235: 1,3
Pompano 76:2,5
portion 18:24
87:21 203:22
228:6284:4
Portland 2:10
264:22,25
position 7:13 8:24
24:21 27:22 60:21
64: 11 79:25 80:4
80:9,10,12,16
84:1886:19,23
88:11,1294:22
95:7,9,2597:11
97:23 101:16
109:13 110:3,23
111:1136:15,17
136:21 143:10,13
168:2232:12
252:25261:6
294:5
positions 95:18
possUdOty 79:24
280:2
post217:15218:13
218:17,18228:19
229:19231:4
239:5,11,13,20
postage 174:13
posted 215:6,22
216:4217:12
219:17220:23
229:12,15,16
230:2,9,12231:2
231:12,21232:4,4
232:13,22233:2,5
233:9,10,12234:4
234:7,18,20235:5
235:15236:1,2
237:15238:8,19
238:23 239:2,8
240:6
potential 62:23
81:583:13188:6
250:4
potentiaUy76:6
108:19112:20
116:1192:16
... ...... ... ...
~~~~~.......u~.~
~~
182:15248:14,17
248:18,21
owners 4:20 61:19
61:20
ownership 40:6
62:464:24 67:21
68:9,12,15 69:9
70:1571:9,13
73:17,20,2576:3
109:16,17111:4
111:18
290:24
pages 206:4 217:6
pages(s) 301:8
page(s) 301:9,11
paid 11:3,5 28:23
29:5 37:2 38:3
39:2,11 42:23
43:2,3,19,1944:3
44:5,22,24 47:25
49:13,15,17,19,21
49:2450:3,16,22
owner/developer
52:2253:2,7,13
83:1791:1,3
64:1
96:14 106:19
owns 64: 17 69:21
O'Toole2:185:7
108:22 113:23
197:16,19,20
114:25 126:3
134:18,25135:2,7
198:6301:23
136:6,14 139:6
Oga 70: 10
O.g.a.I.I.a.I.I....
148:7150:14,17
161:3,18 162:25
70:12
163:7,10 173:19
P
175:8,12179:17
P2:1,1
179:24180:6,12
page 3:2,9 45:18
181:25 182:3,13
87:1,24 91:15,19
182:15,19,21
94:9,16 97:8,9
183:19,24184:1,4
98:6 106:4 110:21
184:8191:15,16
130:25137:16,25
191:21203:18
138:1,3,6,8 141:1
214:3,7260:2
158:3,12,15
263:19264:12,15
163:11164:13,15
275:11,19,23
164:19 166:8
278:19,21285:1
167:1 169:2,25
289:13 293:23
170:22 171:15
294:3
175:21177:19
Pabner 14:23 15:7
178:12179:12
16:4,626:17,22
185:16,17186:21
27:1530:7179:13
186:21 188:22
269:10,12275:4
189:6,11 193:8
Palmer's 15:6
198:14201:2
26:19,24 162:22
203:11205:10
paper51:1195:4
206:1,21210:4
270:6271:14
212:3,8,23214:11 paragraph 169:7,8
218:12219:22
170:24 219:23
245:14263:7
220:2 289:25
266:18270:8
291:3
275:25 276:3,10
para1egalI97:2
parcel 243:19
parcels 243: 18
Pardon 17:15
20:1422:1550:20
80: 18 100:11
111:3137:10
151:5161:10
183:7200:25
214:6249:3
park 228:2
parks 57:19,23
part 10:23 33: 11
37:1638:567:8
106:1128:2
160:21 191:4
228:5242:19
257:1260:13
267:21273:19
279:18
participantl47:9
285:22
participate 100:13
279:7
participated 35:12
118:2 153:14
280:6
particular 6:24
50:8161:22
186:25 190:23
270:12
particularly 158:1
particulars 65:18
65:2068:5
parties 34:23 53:12
81:4 109:8 130:12
131:11133:9
156:23222:5
261:20293:22
300:7,10
partner 63:22,23
68:4,6 120:24,25
121:19122:12
146:1,7,23
partners 61:18,22
61:2362:363:23
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63:23,2464:1,11
64:18,1965:1,16
65:1966:2,4,5,6,9
66:967:3,5 69:7
69:19,20,2171:7
74:498:10,13
121:18130:5
131:5149:5,15,17
191:11255:19,21
257:7,7
partnership 61 :24
192:2,5
party 79:20 254:19
286:19287:3,6
passes 244:25
pathway 224: 1,4
227:11,22
Patrick 2:14258:8
Pau135:1536:1,2,3
36:6,11 73:15
77:780:8103:15
144:24 145:1
194:4
paving 226:7
258:21 259:16
270:20
pay 4:6,9,11 10:21
10:24 11:3 38:6
43:1544:2350:17
51:352:2353:2
53:1457:997:23
102:8,13 127:8
128:10 150:1,4,4
150:8 156:21
157:5,6,8,9,13,18
157:21 158:4,18
158:25162:14
164:1168:7
171:16,17,24
172:4,7175:16,25
176:8,9,20,21,24
177:2 178:4,20,25
179:25 180:11
182:18183:5
185:12,19186:7
187:9188:19,22
189:16,23 190:13
193:7,9,12194:19
194:22 195:7,14
197:14198:10,25
199:1,5,18202:7
203:9204:21,25
205:1,24 206:8
243:22 267:6,10
267:21 269:1,2
271:4275:10,12
275:16,22,25
276:16,21281:15
284:23285:7
payable 11:5
paycheck 113:24
114:1253:14,18
paying34:2144:6
175:12195:11
payment 4:4 10:17
38:441:17,20,21
41:2542:1849:5
50:2251:3,5
102:8,12107:19
112:18142:18
143:2,3 147:17
148:14149:25
150:7,13 156:16
161:8162:7163:1
163:3 167:8 169:9
170:18172:18
173:18,20179:6
179:19,20180:8
180:13 182:15,19
185:22 186:15
187:15 189:3
198:20 199:23
253:17282:10
289:14293:10
payments 11:7,10
31:1741:742:5
150:16163:2
173:21176:19
179:19180:8
182:9,9,11 211:15
274:17 275:4
payout 277: 11
,
,
,
............. ..................... ...................................
HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490
payouts 289:10
payroU 59:4,6
pdoughty@fshal",
4:3
pending 131:20
132:25
Pendleton 250:25
people 35: 19,25
36:24,25 41:3
63:25 90:16,16
141:20174:11
229:7,10 255:16
263:24283:10
percent61:18,20
111:2,4,18 128:4
128:12,25 133:25
134:1172:9
248:14,17,18
282:13
percentage 88:2
109:15,17161:2
163:22 165:5
211:10271:1
percentages 64:24
perchance 267:8
perform 141:3
175:6190:18
237:19
226:12245:6
261:5266:9
pour213:9
pouring 213:7
power59:15174:8
256:5264:10
265:6272:21,24
273:14,15
preceded 179:25
precedentl41:2
preclude 198:2
precluded 156:18
predonJinandy
269:3
pre6nJinary 67:20
preparation 8:4,20
137:13276:23
prepare8:132:18
124:13
prepared 110:25
197:21218:5,17
218:18219:20
228:20229:19
prepares 109:22
present2:2140:17
41:11 42:4,5,15
54:19,2459:24
82:7279:24
presentation 85:22
85:23
173:18,20179:18
180:3,7182:8
215:1267:20
272: 1,2 300:5
previonsly 272:6
pre-sale 283: 11
p....sa1es283:10
price 188:3
primart1y7:535:13
35:16272:9
primary 263:17
principal 128:11
printed 30: 1,2,25
prior 16:17 45:13
45:1754:8108:24
132:1141:11
151:1161:19
172:11,12173:6
180:13182:19
189:16,23 190:19
190:24195:17
203:23220:7,11
222:19260:24
261:18,23,24
264: 15 265:3
269:14271:15
277:5289:4,19
291:17292:15
priorities 100:25
237:25
presentations
priority 101:7
85:10,16
206:11207:6
private 9:10 253:3
presented 127:6
236:12287:16
253:8
president 7: 12,15
privilege 282:23,25
89:23 252:2,4
295:6,19,20296:8
261:23
296:12
presumably 190: 12 privt1eged 295:2
226:3259:3
298:2
preIty28:266:15
pro281:16
prohably 75:17
67:10 100:25
154:19 155:3
95:2098:1155:24
195:3216:17
173:12206:15
251:7
209:8251:9
prevented 263:18
263:24
previons 163:1,10 prohlem 153:5
.. .. .. .......,',................. ......... . ............... ........

.~~
HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490
HUNTER + GEIST, INC. 303.832.5966/ 800.525.8490
~~~
~~
~~.,
88:1,2 104:23
106:8107:1
109:14111:24
117:3,15118:22
127:10,12 128:21
131:24 142:20
144:13,16 145:5,6
163:17,23 167:6
procurement
169:4174:12
258:14
175:13185:3
produce 24:14
188:5 190:23
216:21
191:12192:8
produced 12:15,19
197:5202:20
13:1,320:823:7
209:2,25212:12
42:1192:197:5,6
214:2222:19
145:16 162:11,12
223:16228:24
183:3 185:15
230:16236:18,24
198:13 203:6,8
237:25240:20,21
247:5,8,10,19,21
210:17236:14
250:3,4254:9
241:21 267:4
269:22,23,25
255:11,22256:5
257:5258:12,18
282:19
prodnction 12:14
258:25 259:21
260:21262:15
13:5
prodncts259:15
264:19265:5,8
270:5,11271:18
Professional 1:13
272:5
300:4301:17
profit 164:19,22
projects 7:89:10
165:1,5268:2
9:24 10:9 11:24
program 32: 11
40:244:11,22
55:17
45:2246:347:21
programs 283: 11
51:858:659:10
59:14,1560:7
progress 51:3
167:8169:9
63:3 68:2074:7
170:18,19
75:2076:21 78:7
79:1,3,4,6,10
progressed 50:7
project6:217:7,7
85:11,17 86:5
10:11,1412:21
117:8,11,14 143:5
16:7 18:22,25,25
145:7148:7181:5
19:2,3,5,8,8,10,22
182:22183:23
20:24 22:3 40:5
184:22188:4
40:1541:1850:23
190:20 196:5
57:25 58:5 60:3,6
209:21 210:24
62:23 63:14 67:8
211:12237:10
69:24 70:2,16
240:10,10,18
74:16,1877:4
246:4255:3
Procedure 6:3
proceedings 6:1
292:4,20 298:9
300:9
proe<ss28:16,17
40:179:21192:3
208:11,12239:9
242:15271:24
4/25/2008
Page 24
256:21 258:12,15
258:16259:19,24
261:21270:23,25
275:12
promissory 3:21
33:22 34:8 37:5
37:21 38:2350:8
50:1151:2,22
52:18,20,2153:10
101:18,24,25
102:3,21,23 103:5
103:8,9 104:24
105:10,14,18
106:9 122:20,22
123:4,21 124:5
126:9,11,12,13,20
127:1128:3129:1
129:2,8 130:15
131:14133:6,8,13
135:6,14,15136:2
136:16139:2
143:7,13,25
151:20,23152:1
275:14,17294:6
294:11
promotion7:10
proper 72:22
properties 10:2
283:6,11,17
284:10
property 1:4 40:3
45:846:10 64:15
66:672:2073:3
104:18109:17,18
110:7144:17
150:23236:15
242:1243:19
281:21,22,23,25
282:2,4,5,6
283:14,19,23
284:6,25285:4,6
299:24 301:5
proposal 222:24
227:21
propose257:16
proposed 53:25
800.525.8490
67:21222:18,23
222:24242:19
protection 248:8
provide9:12,14
15:928:11 88:3
244:21
provided 8:6,22 9:2
9:5,11 86:4,8
88:17105:3
133:11138:19
140:21156:16
198:23215:23
234:8251:23
281:7282:20
provides 27: 19
165:6283:18
providing 28:3
92:22169:5
provision 287:3
pnblic 1:13 9:10
200:11299:19
300:4
pulI42:12133:24
174:3189:13
190:2195:20,22
259:9
puOed 157:5 158:9
pumps 205:16
punch 192:14,19
196:12233:24
purchase 44:16
45:7,9,10 109:6,7
109:11 130:8
131:7281:21
purchased 212: 11
227:6
purchuses 58:7
purchasing 64:14
purely 117:9
purported1y 17:22
purpose 31 :9,11
103:16107:17,20
146:13,16216:6
222:3280:2
purposes7:612:25
30:1831:8117:10
258:18283:8
pU1'8uant 1:10 6:2
141:3
pnrsuing 86:15
156:18
pnrview 66:13
pnt95:24 101:5
104:22 105:1,8
106:7,10,11
107:22 111:22
124:12 143:10
212:1213:24
218:5223:10
226:12235:12
241:17256:20
263:23,24 281:14
pntting 81:20 96:5
98:15137:13
157:4190:21
258:20
P,C2:12,15
p.m 116:15,15
141:25,25 142:24
183:15,15251:11
251:11298:10
0
quantify 111:8
quantities 213:3,6
213:13
quantity 271:9
quurterbackiug
255:10
question 8:18,19
11:1614:2,3,5,11
15:3,25 16:2,11
16:13 17:821:4
21:10,15,1624:8
27:2,7,1428:9
29:430:1633:1
37:9 45: 1,2,6,17
48:865:13 69:1
74:675:11 78:5
79:1182:585:12
87:990:3,1891:6
93:11,1394:7,9
94:25 96:22 99:8
99:9,16102:11
105:23,24110:17
110:20,21115:4
118:12 124:21
126:17129:16,18
129:21 130:24
131:17,20132:2
132:21,24136:1
139:12,14,15,22
140:3,3,6,11,12
165:19,22175:1
180:19193:4,5,17
194:8200:23
201:1,2,14,15
204:13,14221:21
227:8232:19
247:14,18255:13
255:24 257:13
269:6274:21
278:12,14281:1
290:11,13,19,20
290:23,24291:15
293:4,9295:1
297:21,21,22
questioned 84:8,12
84:15
questioning 8:9
66:1281:8,21
95:14288:8
questions 3:8 42:2
87:15,17,1991:6
106:2122:4
124:18 135:24
140:18141:22
152:15166:12
232:18258:3
263:1 269:17
279:1 286:6,11
288:16292:14
297:13300:9
quit18:3 139:21
quite 144:12
quote 188:4
R
R2:1
rah 152:7,7
requirements
229:3,24236:16
237:24256:16
292:19,22
requiriug229:21
271:13
reread 132:3
research 277:9
reseU282:6
reserve 81:25
197:23 257:22
reserving 258: 1
residential 64:13
64:13
resolution 50:1
53:6,9
resolve 80:13
284:24
resolved 58:4
149:22261:22
Resort70:4,17
Resorts 68:22
69:1577:12,20
Resources 168:22
respeak75:11
respect 120:20
raise 141:18
raised 41:6,11
raising 18:14
139:22
Ralph 2:15
ramps 223:21
Ranch3:144:9
185:11,13
Randall4:5153:23
154:5
Randy43:1,6,9,10
43:11,1444:1,10
45:2046:2,5
47:1860:1762:20
62:21117:12,18
126:24127:10,25
133:20136:13
146:5147:15,19
147:24148:2,5,10
148:12,13150:22
151:8,13,16,19
152:18153:19,25
154:20 155:1
201:21237:8,9
239: 10 248:5,6
256:4294:2
Randy's 154:11
rarely 117:23
rata 281: 16
rate 128:12,22
133:19
raw 88:6
reached 46:7 47:14
50:251:17,21
52:10,1453:6
reaction 231: 1
read 8:18,1914:5
21:13,1544:25
45:2,16,1946:23
46:2487:6,11,21
87:2393:11,13
94:7,10 99:8,9
106:5 110:19,22
115:18130:23
131:1138:12
140:10,12141:1,7
154:1165:20,22
166:10,14,16
170:8,11,14171:4
179:16180:2,3
201:3,15 206:22
219:4221:20
247:17,18290:22
290:25 299:2
reading 169:17
171:6300:15,16
300:17
reads 169:8
ready29:11116:16
229:20258:21
real 8:13,17 60:20
64:1280:5 130:10
131:10 189:25
235:4278:10
282:7283:22
realize 13:15
realized 235: 14
really 42:1 60:5
79:17,19103:1
106:21 235:8
237:17295:23
reason 90:4,6,8,10
90:12177:8
189:16215:2
263:6276:13,17
276:20
reasons 262:22
rebuilding273: 16
rec57:20,23
recalculation
274:20
recaU 37:1039:9
42:20 43:5 49:12
51:153:454:10
54:1865:2375:17
79:1782:19
110:15 112:3
118:22 127:4,17
127:24128:1
142:7,10,13
143:14,17145:19
151:22178:8
210:19218:10
277:8280:17,20
287:17
requested 176:3,19
187:15199:12
212:1,20227:4,9
277:9,18279:6
294:16300:15
requestiug 38:3
179:6203:18
requests 236:9
require 218: 10,22
226:10 287:7
required 9:16 16:9
164:1168:24
178:9' 264: 13
271:15300:17
requirement 9:9
214:1216:9
235:13287:6
4/25/2008
Page 25
186:2258:10
278:1286:12
289:22291:1
295:19
respectively 61: 19
respond 121:21
127:9
response 24: 11
49:597:5147:14
200:20201:4,10
201: 18 202:2
210:18229:10
respoost1Jilities
109:8,9 112:21
respoost1JUity 30:8
107:19
rest 86:15 242:15
243:3
restroom 251:6
restrueture83:16
retainugel60:16
160:21,25161:3,6
161:6,13,25
169:15172:8,12
172:16,25 173:2,6
173:7179:9
186:18199:15
reteution 160:17
161:16167:11
170:7
retired 7:12 252:8
returu 212:5
222:16249:25
301:11
returns 110:9,15
revenue 257: 1
revenues 274:20
review 17:120:4
21:222:10,17
24:15,25 25:21
29:10 87:12,20
96:18101:19
117:1134:11
152:14157:24
162:13166:9
221:12248:6
269:19
reviewed 29:12
91:18157:23
171:21 251:2,16
reviewing 12:13
23:697:3248:2
revisions 270:18
re-notice 197:24
Richard 2:11 7:16
301:21
right 15:15 31:20
37:11 38:10 48:23
49:2150:1451:23
62:1363:1867:14
70:1271:575:17
85:21 87:2089:18
91:19100:2102:4
102:15111:19
113:20119:16,22
120:5121:16
122:1123:16
127:21 128:7,8,9
129:14133:6,10
133:15139:3,17
139:24 140:5
142:21 145:4
148:20,25 150:12
154:6,10 159:1
161:8 162:3 163:3
164:1,4,14,19,22
167:17,25169:20
171:4172:4,23
173:9176:1,22
178:13179:6,13
180:19,22,25
181:3,8,9182:7
187:16,17189:1
189:23 190:1
195:3,4 197:8,23
201:12,20203: 13
203:23 204:1,8,13
204:22 206: 12
207:4,12209:11
209:14211:2
214:9215:7
219:10 223:14
800.525.8490
4/25/2008
Page 27
224:17,18,20
185:17,20186:8
229:14231:24
187:10 188:23
232:9233:9
189:12193:11
234:15,16240:23
198:15 199:6,19
242:9248:1,19,25
200:8202:7
249:8,15,16
206:21266:19
250:25 262:19
Robert62:5,9,l1
265:17266:1,20
Robin 175:7
268:4,5 271:4
Robinson 2:5,6
272:13274:1
3:19,22,244:4,18
275:6,8276:5
4:196:16,187:8
294:21
7:13,17,21,238:2
rights4:1166:20
8:9,249:1,4,8,14
201:12,20257:23
9:1910:8,10,17
258: 1 286:12
10:1811:9,14,18
risk 147:19 283:9
11:19,20,2212:1
River 69:25 77:3
12:24 13:5,12
77:16,22
14:7,24 15:21
RK36:961:15,16
17:4,11,2219:7
62:4 63: 17 68: 11
19:14,25 21:6,18
69:771:4,5,9,13
22: 1,21 23:24
71:1972:3,13
26:10 27:5,16
73:6,1974:25
28:22 29:5 30:6
75:2,9 76:4,13
30:2031:3,13
144:7,10,13,14
32:7,21 33:17
241:12248:9,14
34:4,935:437:2
248:19,21,24,25
38:240:1641:18
253:18,21,24
41:20,2142:1,6
254:3257:20
42:1643:10,14,21
rood 202:21 212:2
44:2,10,2045:20
212:5245:1
46:2,5,13 47:1,3,9
263:18,25265:19
47:15,1848:11,21
272:3273:16
49:3,6,10,14,17
284:5
50:3,12,1551:4,6
roads 242:23,25
51:17,2252:10,16
271:25272:3,5,10
52:2253:1,13
272:11273:16
58:19,23,2559:2
roadwork243:6,12
59:5,9,10,17,22
273:8,9
60:4,6,12,15,16
Roh 208:8 233:9
60:2261:3,5,5,6,7
239:18
61:8,10,12,17,21
RohCon 95:10
62:20 63:2,21,22
98:12,16,2299:1
64:5 66:4,8 67:2,6
99:5,11100:1
67:7,17,1968:8
157:15158:4,7,16
68:15,21,25 69:6
178:21179:1,11
69:9,10,1770:24
207:14,19208:16
208:19,21,22
230:18,21 258:24
259:6271:17
272:25 279: 12
285:20287:15
288:12291:14,20
294:14,17
recap 12:20 28:19
31:1696:8
recappiug 25:25
recaps 98:4
receipt 156:16
166:23167:1
Receipts 3:14
receivable 33:12,14
33:15
receivables 33:19
33:23
receive24:1288:2
113:23 118:24
211:13
received 11:7,10
24:10 30:692:10
92:1395:11110:7
111:18114:1
149:23 150:7,16
150:17163:2
173:21179:20
180:8 182:10,11
182:14 193:22
257:14287:24
receives 166:18
receiving 42: 17
92:12,1695:17
110:15
Recess 48:24
116:15141:25
183:15251:11
recbaracterization
274:20
recites 275:4
recuguition 103:4
271:2275:15
289:9
recognize 124:1
HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490
137:22 145:12,24
165:18193:11
215:8266:13
270:4
refers 106:23
refinance83:12,16
281:13284:22,23
refinancing 284:25
reflect 24:3 102:20
110:2,7,22111:1
111:5 114:5
135:20159:13,19
160:12161:14,17
163:16,24211:3
217:6,7247:10,21
267:2268:8,12
288:14289:3,15
291:23
reflected 11:13
32:4,933:648:16
48:19 112:2 122:7
159:25 178:4,13
180:12205:24
206:7211:15
224:10,17243:22
246:10 253:22,24
254:4275:11
289:8
reflecting 210:19
reflection 288:19
reflective 177:12
177:13
ret1ects 17:4,9
102:21110:11
193:19,20211:13
268:13275:6,25
regard 258: 11
Registered 1:12
300:4301:17
regular 264:6
related 40:10 75:9
80:6,9300:10
relates 151:14
171:1,11
relating85:1786:5
93:9 165:14,24
relation 65: 14
300:6
relationship 11 :23
63:2067:1668:6
89:499:18100:1
187:25
re1ationships 66: 14
66:17
relative 117:6
release4:8166:10
166:24167:5,8
169:8,18,24170:2
170:17,23,25
171:7203:11
218:6228:10,11
228:14,22229:8
released 167:15
172:25229:13,24
229:25
releasing 166:20
167:14
Relevance 8: 13
relevant 8:9
re6ed22:25168:25
169:3
relies 9:8
relocated 226:25
rely 156:23
relying 210: 10
remainder 244:22
remaining 50:6
196:4 242: 16
243:18
remedies 81:25
remember 37:4,25
38:2,2339:10
45:2347:11 84:24
92:12,14,1693:23
95:14,17 96:3,7
96:24 97:3113:16
113:17,19,21
116:23 119:7
120:5136:8
143:25 148:25
149:4 152:5,9
221:6227:20
271:11279:9
removal 210:11
remove 210:8
removed 184:22
212:15,17 272:8
272:23
removiug211:4
repayment 93:10
repeat14:1,4 21:12
130:22 180:23
repeated 85:12
106:3126:17
165:19194:8
247:15
rephrase 129:16,18
report3:1531:16
31:18,18,2249:3
49:7174:23
reported 49:7
reporler 1:13 14:4
54:11,19,24300:4
Reporlers301:17
REPORTER'S
300:1
reports237:1
represent 102:12
125:25 186:3
210:16258:9
representation
164:24 165:3,11
representations
165:13,23 166:2
representative
15:21 207:15
239:19
representatives
73:16
represented 102:7
175:6211:1
239:15
representiug 64: 10
280:14
represents 126:1
204:11 210:5,6
request 24: 13
110:16119:5
HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490
71:673:2274:21
74:2476:778:16
80:9,10 84:2,7,11
84:14,2586:19
87:3 88:1,13
90:25 92:2,24
93:2,7,1694:2,4
94:11 95:25 96:5
96:1397:799:18
99:20,21,23100:1
100:13 101:1,3
102:25 103:1,2,23
103:25 104:6,9
105:9,13107:11
107:11109:15,19
110:2,18,23,24
111:1,6,12,13,14
111:22,24112:1,5
112:6,14,15,18,19
112:21,25,25
113:4,13,13,24
114:1,6,7,8,9,10
114:12,13,14,15
114:22,22,23,23
114:24,25 115:8,8
115:15,15,20,21
115:25117:2,3,7
117:7,9,12,13,17
117:20,24,25
118:4,6,8,13,14
118:19,20 119:3,4
119:8,9,15120:1
120:12,13,23
121:3,5,16,18
122:11,15,23
123:1,1126:3,7
126:14,19127:1,9
129:13133:6,7,20
135:4 136:9,13,13
139:5 141:12,18
142:16143:10,12
143:21144:7,15
146:23,25 147:5
147:15 149:6,11
149:23150:5,7
152:18153:17,22
153:23 154:8,21
155:1,24156:4,10
156:13,20157:9
158:25 159:3,6,9
162:12,17,24
164:21,25 165:2,4
165:7,14,24
166:18,20168:24
169:24173:22
174:15175:4,5,6
175:8,11176:16
176:21,24177:9
178:8180:1,12,24
181:25 182:6,25
183:4,19,24184:1
184:5,9,10,15,25
185:4,7,15187:24
188:1,19190:18
191:14,20,25
192:23 193:6,14
195:11,16,25
196:16197:4,10
198:13 199:22
200:19201:3,9,9
201:17,17202:1
203: 18,22,25
207:16209:5,11
209: 13,17,21
210:8,10,17211:4
211:14,25212:1
214:3215:5,21,23
216:10217:12,15
218:2,10,13,19,23
219:17,17220:23
221:1223:4
228:10,18229:16
230:2,24231:20
231:20,23232:1,2
232:8,11,12,13,21
233:8,10,11,19,20
233:25 234:2,4,19
234:20235:5,13
235:17,23,23
236:12237:8,9,14
237:15238:7,8,19
238:22,25 239:1,3
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162:20 185:18
recognized 103:3
228:15
recognizing 44: 15
44:16
record 46:18
102:20185:10
197:19198:9
257:11,16,25
270:2 277:23,25
289:15295:5
296: 1 298:4,5
recorded 108:9
196:19197:4
219:10
recording 196:21
196:22
records 112:2
114:5,21 183:3
253:22,25273:6
Redmond 56:4,5,7
56:10,12,23,24
57:5,6,12,12,17
57:18
reduced 159:23
172:8,13300:8
refer 10:1,4 17:7
72:1979:10 129:3
134:21 209:23
286:10 294:6
reference 3:11
82:25 117:24
119:15,21,23
referenced 92:20
142:14
references 117:24
119:3,6,7,11,11
240:9
referred 67: 13
72:25118:4,13
119:9 120:24
149:20217:8
referring 34:8
72:2079:3,4,6,11
118:5122:15
126:10 132:1
4/25/2008
Page 26
~~~~~
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239:5,6,7,7,10,10
239:11,12,15,16
239:19,20,25,25
240:2,6,12,19
241:23242:11
244:20245:18
246:3,9,9,18,22
247:11,11,22,22
248:9,10,16,18,23
248:24249:12,15
249:16,17,20,20
250:12251:18,22
252:2,14,25253:3
253:6,14,23,25
254:1,13,14,21,24
254:24 256:1,4,4
258: 10 259:8
260:1,3,7,14
261:21262:8,9,14
265:4269:8273:2
275:15,18,19,21
278:17285:18
286:1,1,10,16,24
287:8,10,16,23
289:11 291:16
292:16,23293:16
293:20,22294:2
Robinson's 11:12
15:10,1817:18
24:333:21 39:11
42:1743:1253:7
84:9,1788:11,12
88:1597:13
117:18127:23
153:24154:6
155:3,8,14168:13
168:17179:23
182:21 280:1
rock 2:5 212:21
226:25258:20
259:15301:3
Rockett 3:17,19
rocks 227:5,6 243:2
Roger 222:4 261:10
261:10
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4/25/2008
Page 28
role 6:25 7:3,5,9

8:4,11,20,23 9:23
10:8,16,2311:2
19:4,729:16,19
29:21 30:3,4
35:20,22,2536:14
56:11,1660:9,11
60:14,1663:16,17
64:6,8,10 68:24
69:3,4,9,1274:21
75:676:477:7
117:6,15,17,20
120:12,13 121:15
252: 1 276:23
roles 6:20 64:24
117:2,7
roO 225:3
roOed 196:13
Rollette 64:23
Ron 35:1536:14,16
36:17,2040:12,22
41:1,13145:1
196:6222:4227:4
227:9233:17
243:25256:8
260:19,24 261:4,9
ronsillsmail@ya.
4:3
room 262:24
294:20295:14
rooms 54:22
roster41:3
roughed 272:6
roughing 271:25
ronghly 58: 15
111:18271:6
ronte 201 :22
Routt 109:13 262:2
Rouue 106:25
RPR301:16
Rule 1:8,10 8:14
81:2,1282:11
198:3281:2
Rules6:2
runuing 255:8
260:21
RV67:20
Ryan 19:1140:15
41:13,15,1842:14
61:5,7145:3
206: 15 208:23
211:25,25222:19
236:23237:1,10
259:2 264:21
S
S2:1
Safeco4:14
Salem57:21
saIes64:13,16
283:13
sanitary 178:14
Sapphire 57:11
satislied53:6141:4
saw 23:5,13 26:5,12
86:10 137:8,12
152:24172:11
176:20 266:7
saying 22:7 42:8
47:550:1388:17
97:2199:1,11
119:18121:6
148:9 150:17
155:21 165:9
175:5 182:16
184:12,18192:13
192:20 193:2
229:18252:24
261:12264:9
285:10,12
says 29:5 51:2 53:1
87:394:17,19,20
98:9,21 103:23
106:25121:17
123:3,21128:7,8
128:10 129:8
137:17138:10
145:25 146:12
147:23 150:24
154:13 155:6
157:11,11158:8
158:18159:18
161:13 164:13
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165:7167:17,24
168:3 169:2 170:5
170:17,25173:17
179:17191:9
200: 12 206: 17
211:9220:3
221:22225:12
257:17276:1,10
seensrio 196:12
seltednle 163:17,18
191:3222: 18
seltednled 19:2
seltednling 10:15
192:3206:12
207:6258: 18
seltooI53:23,25
54:20
scope 90:17 184:25
223:6228:5
262:17,21 263:5
270:20 272: 10,20
272:22,24 284:15
scratchy 80:5
sesson 151:4,6
190:20,25
second 23:24 37:16
37:2247:10 48:2
84:1894:1595:8
95:24 96:5,11,11
97:14,21,23 98:6
101:1,16104:18
104:19108:5,16
109:13 127:14
128:1133:12
157:10 170:22
185:17198:14
205:25221:12
249:7251:4270:8
275:25276:10
277:24282:14
297:3,4,8
section33:11,13,14
226:10 262:20
Secnred 67:23,25
68:3
see25:6 52:681:22
86:787:391:16
92:194:17,19
95:2398:7,9,21
103:22,24 106:22
115:7117:24
121:10 123:21
128:7,13137:16
137:18,19138:10
144:21146:1,13
147:25 153:22
157:15 158:7
162:3,17163:13
164:3 168:14
169:15171:18
172:7,20173:21
175:18,23176:11
179:21186:12,24
187:10 188:23
195:15200:11
202: 10 203:20
211:20220:7
224:1261:9276:7
276:12
seeing 11:2 96:3,24
148:6151:1,2
seck 287: 11,11
seeking 186:15
189:3 199:23
275:8
seen 12:7,24 13:8
20:7 26:2,3,8
29:1448:16,19
85:7,8,9,15,19,22
85:24,25 86:1
87:9,2291:20
96:21125:14,18
134: 10 137:6,13
142:7,10 154:13
155:6191:13
219:13240:9
264:12282:8,15
284:7
segregated 270:23
Seifer 2:8
self-Iiqnidated
285:5
sells 281:23 282:3

283:23
Seminole 76: 10
seod 144:10 153:19
154:3,9 176:21
seoding 128:15
144:22152:18
155:9,14 156:3
176:24292:15
senior 7:6
senior-level 10:11
seot 23:225:14
28:13 35:4142:21
142:23 144:6,6
147:15 152:20
154:25 155:20
157:25177:6
178:3213:22,25
254:6,20 269:3
278:2292:7
seotence 167:21,21
179:16180:2,3,10
seotences 87:6,24
146:11
separate 270:23
separately 5:2,3,4,5
5:6,7
September 19:21
92:7100:24101:2
104:22 105:3
106:6,15 116:23
119:24 120:4
150:14,18169:13
169:14,19,19
171:3189:1190:4
190:17194:23
195:15,18196:20
197:1203:10,13
209:20221:19
224:5,10,23
225:21 226:22
227:1,4270:13
series 16:7168:12
232:17
serions 290: 17
served 102:4
4/25/2008
Page 29
service 224: 19,22

225:10,16
services 156:16
167:9,15169:10
170:18187:22
211:19259:21
setl88:3,4
seUlement 81:5
82:14280:23
281:5282:15
284:14,15,18
285:2,9,14,15,17
285:23,25
seUling280:2
sewer 245:2
shscks 174:8
shsre255:21
281:16
sheet 163:12,16
186:22 189:7
190:5 195:14
200:5202:6
203:21
sheets 172:22
264:23 301: 10
sheet(s) 301: 11
sheD 129:12,17
130:17131:16
Shennan 2:3
short258:19
shorthand 300:7
shortly 149:24
shonting 18:15
show 12:4 18:9
38:585:6160:14
203:2210:14
221:11 227:13
266:11
showed 11 :23
44:21,23206:16
206:18262:19
showing 30: 18 60:1
shown 163:3
174:21,22 179:21
242:23
shows 161:25
206:14
side 35:4,4 75:7
256:10
sidetracked 247:14
sign 126:19 261:11
signatore 15:6
26:15,15,19138:8
144:14,18,20
162:17,20,21,22
173:22179:11,14
299:12300:13
301:8,9,9,11
signed 14:23 15:4
19:226:1447:12
47: 15 104:23
106:7,14 108:9
126:14 127:20
137:11139:2
197:7216:20
217:2,3235:18
237:18289:24
291:2301:11
signing 109:10
151:20300:15,16
300:17
Sills 4:16 35:15
36:14,16,17,20,23
40:12,2341:1,14
83: 13,1984:5
145:1193:24
194:5,15 196:6
200:16,21201:5
201:11,19208:8
222:4,7227:4,9
233:17243:25
256:8 260:20,24
261:9
silOUar 28:20
162:21185:10
262:13
simply 103:4
SincereIy301:14
sir25:830:16
110:18116:18
132:1136:1
140:18205:2
104:9105:9
224:25
107:11109:15,19
sit 90:15
110:2,18,23,24
site 19:12,13,14,16
111:1,6,12,13,14
19:19,23,25 20:3
20:11,13,17,21,23
111:22,24112:1,6
112:14,18113:1,4
20:24 39:13,16,17
113:14,24114:7,8
39:19,24,2540:1
114:12,13,15,22
41:9164:13
114:23,24 115:8
177:11204:6,6,25
115:15,22,25
205:3,4,17209:21
117:3,7,12,17,24
209:25 210:7,11
118:6,14,20119:4
210:12,14211:1,5
119:9,16 120:13
214:22227:19
231:23232:1,9,11
236:18,21,23
233:20239:1,4,7
264:10 267:14
239:12,16,19,25
sites253:5
246:9,18,22
sitting39:854:12
247:11,22248:9
91:3148:25 177:8
248:16,18,25
situation 64:25
249:12,21 254:21
96:12253:9
254:24
256:4
size 272:7
262:9286:2
skip 249:6
soon 8:17
slightly 83:3
sophisticated 188:3
smaJl87:21
188:8
snow 264: 1 265:8
sorry 29:2 138:3
snowplow 194:20
140:17144:25
195:16
153:4157:12
snowplowing
178:23 198:25
177:23,25178:2,6
187:18,21188:5,8
208:3212:4
189:9,16193:15
220:21267:17
193:21202:10
269:11
sort38:4,4 71:10
203:21,23
73:2075:24111:5
social 70:24
112:24 114:4
sold283:17
115:6163:19
solntion 34:21
193:8228:9246:7
somebody 123:15
253:9284:21
175:12223:17
Sons 2:5 34:9 35:5 sound251:21
46:13 47:160:12
290:15
60:15,16,2261:3 sounded 290: 16
61:13,17,2163:22 sounds 70: 12 81:3
295:17
68:869:6,971:6
73:2274:2499:20 speak 11:6,9 16:9
16:14,16,18,21
99:23 100:1 101:1
23:1388:1594:1
103:1,23,25 104:6
256:8258:9
259:23
step 10:1 38:6
53:18212:4255:9
stipnlated 252: 10
slop 13:17 48:23
103:18 146:6,6
176:24191:15,21
234:25245:10
stopped 77:22
171:16273:25
slopping 153:20
slored 160:13
161:15212:12
sloring212:18
slonn 164:9178:14
187:3227:11,22
story 270:15
straight 58:24
street 1:11 2:3,6,9
2:12,1959:14
215:9226:17
244:25245:3,6,8
261:8301:4
streets 69:12
117:11226:11
242:23245:10
258:21 262:21
263:18271:25
272:7
strike 85:14
string 142:24
structore52:269:9
73:1876:3 129:12
146:20284:23
structores44:18
74:10 118:18
stuck 113:18
stody 55:9,11
staIT290:12
subcontract 184:9
185:3 187:24
188:1258:15
259:13 260:14
snbcontructor 59:7
156:17170:23
snhseqnent 23:20
snpplies 171:1,4
snpport 187:3,7
104:21106:6
150:4 184:21
191:18
270:18272:22
snpportive 101:4
277:6285:16
supposed 44:1
Snhseqnently
107:12134:13
230:8
144:18155:21,22
snbsistence 174:10
159:15,19160:14
snhstantial57:8,10 snre 8:8 9:110:24
247:9,20272:4
11:1530:10 31:21
273:15
35:1 46:2047:6
snhstantially
54:758:21 64:22
144:13 226:14
64:2370:4,14
subtractions
71:575:1676:13
159:20
84:20105:6,24
subcontractor's
264:6
snccess256:5
122:8129:2
SnbcontractorIS... successfnl127:11
141:24 143:23
sndden 173:25
145:13,15,23
4:7169:11
146:9,10 147:2,10
snhcontracts259:6 sn1liciently 101:20
259:7260:8
suggesting 81: 17
147:21156:17
165:18193:5,8
snhdivision 215:13 Snite 1:11 2:3,6,10
2:12,16,19301:4
215:18218:1,7,22
207:9214:8,9
218:25 219:6,24
sum98:9,13121:17
215:25222:21
159:13 160:8,9
221:17229:3
228:5,7231:9
238: 10 242:2
summarizes 67: 11
231:18235:11
summarizing 26:9
243:24 263:23
262:4
snbdivisions 226:9
95:18
267: 12 269:2
snbject3:17,20 4:4 snnuuary28:19
280:11282:8
30:1431:11,16
4:5,15 81:9,13
snreties 9:8,12
121:2160:1,4
snrvey204:6205:4
82:11143:22
snnnner 196:7,11
213:21242:14,17
172:2281:3
222:17
snbmit 188:19
242:17
summertime
snrveyed243:18
196:15
222:18226:2
snbmitted 177:5
snrveying204:16
snms106:21
268:3
195:7
snbmitting 106:18 Sunrise 63:10,22
snspended 190:20
63:2464:1,11,18
snbordinated 48:6
swag 227:23 244:7
64:1965:1,16,19 sweat 111:14,17,22
48:1285:188:1
66:2,5,5,967:3,5 sworn 6:654:18
snbordinating
69:1577:8
200: 12 203: 12
48:22
supervisory 8:23
snbpoena 15:23
299: 13 300:6
snpplemented 13:8 system 31:12159:5
16:124:1197:5
snpplier 259:22
159:7 246: 15
257:12,13
S.W2:9
snbs245:6,7,8,9
snppliers 163:9
snbscn"bed 200:12
169:12177:17
T
182:12
299:13
table 54:9
177:11 180:11
181:15,17,19
187:20 193:22
259:14,22269:5
270:4273:5
snhcontraclors
19:25 156:11,14
163:9 168:13,17
169:12177:17
179:24180:25
181:2182:12,16
182:18,19,21
183:19,22,25
191:3
94:10 119:12,21
126:24,25 127:3
140:15211:2
220:19255:25
294:23
speaking 119:20,22
specilic27:6,10
33:237:7,13 39:1
43:2,6,12,1551:1
53:469:274:7
86:2113:6114:17
118:22 119:20,23
127:4,17,24
143:14146:10
152:5 163:25
168:5170:2171:8
191:8207:19
208:16,21210:18
210:18211:14,14
230:18238:16
269:5279:12
specifically 10:10
11:2231:10 40:10
41:5 42: 13,22
43:547:8,16
54:10 65:14,16
75:1879:6,9,10
87:192:1493:23
100:20111:21
135:1151:22
152:2,4 177:22
193:11194:18
207:18212:20
258:24 259:10
268:14,19
specifics 79:1880:6
specnlate 15:12
17:25232:24
specalation 16:12
18:9 88:20 89:2
237:21 256:25
speU6:1270:3,6
spelled 44: 17
118:23
spending 247:9,20
spent48:2,3111:24
.......................................
... ................ ..................................... ................. .......... ............... ...............................................

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46:847:1150:24
51:952:6,954:20
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107:4 120:3,5
131:23,24145:14
HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490
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spreadsheet 92:22
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start 18:15 78:4
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106:13 120:6
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testified 6:7 12:23
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testify 15:22 16:1
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181:11295:12
300:6
testifyiug 54:12,19
102:127-7:16
testimony 108:24
130:25 132:5,8,9
....................... .............
HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490
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131:15132:19
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153:7 154:7,8
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160:6,7 161:5
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169:18,22170:2,3
171:8,11172:21
174:2,16175:8,17
176:7177:6,10
178:4181:23
186:25 187:13
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194:6 195:3,5,10
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247:20,21,25
248:11249:11,22
254:8,12,16
257:12,20258:19
258:20 259:20
261:3,12,15
HUNTER + GEIST, INC. 303.832.5966/ 800.525.8490
262:24263:8,8,20
264:7,8,23265:1
270:22272:9,16
272:18,21,23
273:21275:13
278:20279:12,14
279: 14 282:6,9
284:5286:14
287:10 289:12
290:4291:8293:2
293:6,16,23300:7
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115:11245:15,16
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112:11113:16
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108:7 118:23
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timing 178:9 218:4
title 6:23,24 121:2
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218:20,21220:14
228:9235:18,24
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transcript 5:2,3,4,5
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transcription 299:3
transcript(s) 301:9
transferred 283:24
transition 7: 13
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transport 253:4
travel 174:9,16
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treated 87:18
tremendously
258:19
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tried 127:19157:3
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tries 156:10
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trouble46:15
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trying 25:2 38:1
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varies 113:5
185:6 192:4 196:8
various 4: 13 95:19
198:25 214:13,14
198:24 240:9
HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490
whatoot243:3
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300:12
whew231:4
wWchever 258: 15
Wholesale241:16
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willing 129:5
winter 190:21
264:18274:1
wintertime 263:21
wiring205: 16
207:17,19
wish 289:15 292: 1
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186:18
witoess 12:4 15:20
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87:1890:1593:12
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139:25 140:11
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289:1 290:23
296:5,10 298:3
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151:18153:20
160:15,23161:1
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176:15,18,18,25
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179:18,25 180:7
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182:1,12183:23
184:8,24185:2,6
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191:21192:1,4.12
192:18,21193:1
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207:11,22208:5
208:10 209:1,2,7
210:12,24 211:24
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225:20226:18
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229:22 230:3
232:14233:3
236:5237:19
238:3240:8,13,19
241:19242:12,14
243:15,21,22,25
244:3,20 246:8
249: 17,20 250: 11
250:12253:21,24
254:1,14256:1
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261:4263:5,9,11
263:14264:9
265:2,7,11,15,23
265:24268:7,8,12
268:14,16,20
269:13271:9,19
272:10,20273:1
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worked 56:3,18,20
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worry 151:17
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4/25/2008
Page 35
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HUNTER + GEIST, INC. 303.832.5966/800.525.8490
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217:16219:7,8,19
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232:14240:11
233:2255:15,16
241:24 242:8,12
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257:15279:4
286:10288:25
243:23244:16,22
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262:3,11 273:9
280:18284:19
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127:10,25 133:22
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voice 18:14 139:11
212:14,17222:2,5
139:23 140:1
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wanting 143:4
warraoty215:9,24
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220:11,24 233:24
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walking 196:12
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HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490
4/25/2008
Page 36
47:4,17,1948:5
48: 12,22 50:6
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87:25 88:3,11
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122:25 126:2,7
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134:9135:7,11,13
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143:6 151:20
275:1,16,20
289:10,11293:20
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$5,181,000 120:1
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267:22268:7
$91,863 275:21
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$96,000 173:25
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weekend 151:1,3,9
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weekly 39:16,17,19
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weeks 31:2338:3
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weren't 135:7,10
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we're24:12,13 53:5
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.... ................................ ................

4/25/2008
Page 34
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138:24 139:3,6
150:5 159:12
169:13,19176:12
185:19 187:12
188:10 193:10,13
198:16 200:5
219:7,8241:25
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243:1,4,7,17
244:4271:5274:8
274:13,14,15
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276:1,6289:10,25
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17th 1:11 2:3
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224:23226:13
227:3,15242:19
242: 19 260:25
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275:16276:3,16
2nd 106:25
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200 201:2 268:18
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~.,.~
HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490
105:3 108:18,24
110:5 113:16
128:11,16130:1
130:14,18131:13
131:17136:9
137:3,18 138:24
139:3,6142:11,17
142:24143:11
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150:8 152:20
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218:13224:4,20
224:23225:21
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19:4,6,13,15,17
19:18,20,2120:7
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20:20,23,24,25
21:1,5,17,2522:6
22:21 23:18,21,24
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92:7 96:4,25
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101:2 108:19,22
116:23119:1,2,19
119:24,25 120:4
128:12 129:9
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175:17176:1,12
178:1,3186:13
187:12188:10
189:1190:5,17
191:25193:10,13
193:14,21,23
194:6,9,10,10,13
194:23 195:15,19
196:20199:6,10
200:6,11,13
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203:10,13206:25
207:11,15,24,25
208:1,4,5 209:20
211:20214:15,19
214:25219:10
221:19224:5,11
224:23225:21
226:22227:1
229:5,7,17230:1
233:8234:3,9
235:17,22 236:3,3
236:6240:5247:3
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260:25274:17
275:5289:12
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82:5,18,2083:3,7
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299:15300:13
301:1
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2022:16
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130:14131:13
189:12211:20
222:9,12223:11
223:13,20225:18
262: 10 263:7
2174:14
224:18167:19
219:10 245:12,14
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234:19250:19,20
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4/25/2008
Page 37
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293:10 301:12
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30th 39:15
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3452:16
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248:17274:19
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25th 39:15298:11
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4/25/2008
Page 38
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depo@huntergeist . com
HUNTER + GEIST, INC. 303.832.5966/ 800.525.8490

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In Re: Mountain Adventure Property KIRK MOISAN

PURSUANT TO NOTICE, the Rule 2004

HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490

In Re: Mountain Adventure Property KIRK MOISAN

13 Pay Applications for Villages of Hayden

11 E-mail to Moisan, dona32949@gmail.com,

RICHARD L. HARRING, ESQ.

10 Assignment of Rights Under Construction

HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490

In Re: Mountain Adventure Property KIRK MOISAN

WHEREUPON, the following proceedings

Robinson entities, in monitoring and making sure that

Q. And does Van Beek & Company prepare

HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490

In Re: Mountain Adventure Property KIRK MOISAN

Q. Let me step back. I'm going to refer to

Robinson has asserted in its mechanic's lien?

A. It's a document that has been produced, I

HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490

In Re: Mountain Adventure Property KIRK MOISAN

MR. BERNSTEIN: Would you repeat the

MR. BERNSTEIN: Objection, foundation.

testify to the areas in your subpoena. I'm objecting

A. I would have to review the files that he

Robinson has asserted on Mt. Harris at Grassy Creek? j\)

HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490

In Re: Mountain Adventure Property KIRK MOISAN

a ton of documents on it.

~~ ::~:!;~n"?=;run we not bave I

not raising my voice here. You are. I'm just making

A. I would definitely have to review to make:"

HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490

In Re: Mountain Adventure Property KIRK MOISAN

Robinson Construction did not do 2 1/2 million dollars

MR. GRAGG: Peter, the other thing that

HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490

In Re: Mountain Adventure Property KIRK MOISAN

A. In general Kyle does a good job and he's

12 not want to keep him.

16 matter of process, our fiscal tax year ends on June 30

19 would get a recap or summary in either this form or a

been paid through June 30, 2007, on Mt. Harris at

MR. BERNSTEIN: Objection as to form.

HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490

In Re: Mountain Adventure Property KIRK MOISAN

~ a"Q0f ;~~~:::;o~=~te<lil. :::e 3~3 ~:~Ast.e8nN'~0 0.";~ chaogedbetweeo

played a role -- in your accounting department who had

would have a responsibility for entering and creating

Q. Do you believe the numbers reflected o n ;

informed Van Beek & Company that the amounts of its 11

said you're not aware of the amounts that are

18 has an item -- a line item in its fmancial statements

statements included a $5 million promissory note in

HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490

In Re: Mountain Adventure Property KIRK MOISAN

A. I know which note you are talking about,

but I am not aware -- or I don't have the fmancials

A. I'm not sure I understand what you're

Sons, concerning what the amount of the note would be?

Robinson Construction had not been paid.

HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490

In Re: Mountain Adventure Property KIRK MOISAN

that you're trying to get me to talk about. What I

conv"7:::',:,.:~o~:l'::' about those