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 HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490

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1 APPEARANCES
2 For Vectra Bank PETER A. CAL, ESQ.
1 10 Assignment of Rights Under Construction
Contracts
137
i
Colorado, N.A.: CHRISTIAN H. HENDRICKSON, ESQ. 2
I
3 Sherman & Howard, LLC
11 E-mail to Moisan, dona32949@gmail.com, 142
633 17th Street, Suite 3000
4 Denver, Colorado 80202 3 pdoughty@fsbaltus.com, ronsillsmail@yahoo.com
5 For Robinson & JOHN H. BERNSTEIN, ESQ. Barackman, Torres from Keys, 10/24/06
Sons, lLC and Kulak Rock UP 4 Subject: Re: Robinson Payment
6 Robinson
Construction
1801 Califoruia Street
Suite 3100
5 12 E-mail to Moisan and Torres from Randall 142 ~1
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10127/06, Subject: FW: What do you ihink?
7 Company: Denver, Colorado 80202 6
8 J. DANIEL GRAGG, ESQ. il
13 Pay Applications for Villages of Hayden 157 ~j
Seifer, Yeats, Mills :~
9 & Zwierzynski, UP 7 ~~.

121 S.W. Morrison Street 14 Subcontractor/Supplier Conditional Waiver 168
10 Suite 850 8 and Release
Portland, Oregon 97204 9 15 Pay Applications for Hidden Springs Ranch 185
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11 10 16 Statement of Lien 196 ~
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For Oasis RICHARD L. HARRING, ESQ.
12 Development: Grimshaw & Harring, P.C.
1700 Lincoln Street, Suite 3800
11 17 Pay Applications for Mt. Harris at Grassy
Creek
198
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13 Denver, Colorado 80203 12
18 Mountain States Company Invoice with 205
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14 ForElarn MARK J. FISCHER, ESQ.
Construction: PATRICK BLESSINGER, ESQ. 13 various invoices attached j;
15 The Law Offices of Ralph A. 14 19 Safeco Construction Contract Bond, 11/17/06 217
Cantafio, P.C.
16 345 Lincoln Avenue, Suite 202
Steamboat Springs, Colorado 80477
15 20 E-mail to Moisan from Barackman, 9/25/07
16
Subject: Villages List
221
I~:
17 1~
18 For Alpine Bank: LAURA O'TOOLE, ESQ. 21 Letter to Sills from Barackman, 11/2/06 222 ~1
Kasling, Hempbill, Dolezal 17 Re: Unfinished Work at Villages of Hayden m
:::
19 & Atwell, UP 18 22 Robinson Construction Daily Timecard 245
700 Lavaca Street, Suite 1000 19 23 Letter to Labe from Glade, 12/7/07, Re: 250 111
20 Austin, Texas 7870I Robinson Construction Co. v. Lake Village

(Appearing Telephonically) 20 Owners Association One, Inc.
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21 ••
Also Present: Bob Roldan 21
22 Dena Davis 22
23 23
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24 24
25 ~1
25
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Page 3 Page 5
.1
1 INDEX 1
2 EXAMINATION OF KIRK MOISAN: PAGE
EXHIBIT DISPOSmON: :~
April 25, 2008 2 Original Exhibits: Bound separately with transcript

3
By Mr. Cal 6,279,292 3 Mr. Cal: Bound separately with transcript II
4 4 Mr. Bernstein: Bound separately with transcript iii
m
By Mr. Fischer 258 :::
5 Mr. Harring: Bound separately with transcript
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5
By Mr. Harring 263 6 Mr. Fischer: Bound separately with transcript
6
By Mr. Bernstein 286 7 Ms. O'Toole: Bound separately with transcript ~j
7 )~
8 CERTIFIED QUESTIONS:
8
9 Page 90, Line 12 9
10
INITIAL
10
11 DEPOsmON EXHIBITS: REFERENCE 11
12 I Letter from Don Anderson, 7125/07 12
13 2 Letter from Don Anderson, 7/25/07 24 12
14 3 Contract Billings and Receipts, Hidden 29 13
Springs Ranch
15 14
4 Commitment Report, Villages at Hayden 85 15
16 6117/06
17 5 E-mail to Keys, Moisan, Griffith, Rockett 91 16
Grissom from Torres, 9/6/07, Subject: 4S/
18 GCHUpdates
17
19 6 E-mail to Moisan, Robinson, Keys, Griffith 96 18
Rockett, Grissom from Anderson, 9/6/07
20 SUbject: 4S & GCH Status Document and 19
Spreadsheets 20
21
7 Proruissory Note 101 21
22 22
8 Robinson Construction Invoice No. I to 4S 125
23 Development, 11114/06 23
24 9 Robinson Construction Invoice No.2 to 4S 125
Development, 3/8/07
24
25 25
2 (Pages 2 to 5)
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1 WHEREUPON, the following proceedings 1 Q. And does Van Beek & Company prepare
2 were taken pursuant to the Federal Rules of Civil 2 fmancial statements for Robinson?
3 Procedure. 3 A. Yes, they do.
4 * * * * * 4 Q. Do you have any role in the preparation
5 KIRK MOISAN, 5 of fmancial statements and the materials that are
6 having been first duly sworn to state the whole truth, 6 provided to Van Beek?
7 testified as follows: 7 MR. BERNSlEIN: I'm going to object to
8 EXAMINATION 8 this. Peter, I'm not sure where this line of
9 BY MR. CAL: 9 questioning would be relevant about how Robinson
10 Q. Good morning, Mr. Moisan. 10 Construction Company -- who their accountants are,
11 A. Good morning. 11 what the role is, and how they -- what their
12 Q. State and spell your name, please. 12 accounting is. They're not the debtor in this case.
13 A. Kirk D. Moisan, K-i-r-k, D middle 13 MR. CAL: Relevance isn't a real good
14 initial, M-o-i-s-a-n. 14 objection during a Rule 2004 examination, John.
15 Q. How are you employed, Mr. Moisan? 15 MR. BERNSlEIN: I'd like to know where
16 A. I'm employed with Robinson Construction 16 it's headed.
17 Company. 17 MR. CAL: You'll know real soon. Could
18 Q. What do you do for Robinson Construction 18 you read back the last question, please.
19 Company? 19 (The last question was read back as
20 A. I have many roles there. I work in 20 follows: "Do you have any role in the preparation of
21 executive management, project management, development, 21 fmancial statements and the materials that are
22 and finance. 22 provided to Van Beek?")
23 Q. Do you have a title with the company? 23 A. I have a supervisory role currently in my
24 A. Not a particular title, no. 24 new position with the accounting firm that Robinson
25 Q. Have you had that same role since the 25 Construction and all that is employed with, all of the
Page 7 Page 9
1 beginning of 2006? 1 Robinson entities, in monitoring and making sure that
2 A. No, I have not. 2 the fmancials match what we have provided them.
3 Q. What was your role in the 2006 time 3 Q. (BY MR. CAL) And it's important that the
4 frame? 4 fmancials match the information that Robinson
5 A. My role was primarily working for 5 provided to its accountants?
6 development purposes, managing and being senior 6 A. Yes, it is.
7 project manager, project manager over the development 7 Q. Why is that important?
8 projects that Robinson entities are involved in. 8 A. Robinson Construction relies on sureties
9 Q. And so your role today, would you 9 for bonding capability, which is a requirement of our
10 consider that a promotion from where you were in 2oo6? 10 public projects and many of our private clientele.
11 A. Yes, that's correct. A year ago the 11 Q. And the fmancial statements are provided
12 president of the company retired and left, and I have 12 to those sureties before they provide the bonds?
13 been in a transition into that position at Robinson 13 A. That is correct.
14 Construction since about April of '07. 14 Q. And does Robinson provide its lenders its
15 Q. Who is the president who left? 15 financial statements?
16 A. Richard Yo left the company. 16 A. When required our fmancials would be
17 Q. Are you familiar with whether Robinson 17 available.
18 has an outside auditor? 18 Q. Was Van Beek & Company the accountants
19 A. I'm not aware of an outside auditor. 19 for Robinson in 2oo6?
20 Q. Accountants who work for the company? 20 A. Yes.
21 A. Robinson Construction does employ an 21 Q. In 2oo7?
22 accounting fum. 22 A. Yes.
23 Q. Which accounting firm does Robinson 23 Q. Tell me, what was your role on the
24 Construction employ? 24 projects in Hayden for the company called MAPI?
25 A. Van Beek & Company. 25 A. I have no --
3 (Pages 6 to 9)

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1 Q. Let me step back. I'm going to refer to 1 Robinson has asserted in its mechanic's lien?
2 the company called Mountain Adventure Properties 2 A. Yes.
3 Incorporated, which is the debtor in this case -- I'm 3 (Deposition Exhibit 1 was marked.)
4 going to refer to that company as MAP!. You'll 4 Q. Would you show the witness this, please.
5 understand when I say that? 5 Mark it as Exhibit 1, please. Mr. Moisan, take a look
6 A. Yes. 6 at what's been marked as Exhibit 1 and tell me whether I,
7 Q. Okay. So let me ask you then, what was 7 you've ever seen that document before.
8 your role for Robinson Construction on the development 8 A. I am aware of the document.
9 projects with MAPI? 9 Q. You said you are aware of the document?
l O A . Specifically with Robinson Construction, 10 A. Yes.
11 I was a senior-level project manager. 11 Q. How are you aware of the document?
12 Q. And what did you do in that capacity? 12 A. In the past couple of months we've been
13 A. My capacity there would cover delegation 13 reviewing and organizing all of our files for
14 of project management, time, employees, labor, 14 production, and I believe this is one of the documents
15 scheduling, and overall management of on-site budgets. 15 that we've produced.
16 Q. Did you have any role in keeping track of 16 Q. Tell us what this document is.
1 7 the work that Robinson performed in getting payment 17 MR. BERNSTEIN: If you know what it is.
18 for the work performed by Robinson? 18 A. It appears to be -- it is a document that
19 A. I was not an on-site individual tracking 19 has been produced by our assistant controller for
2 0 the time, if that what's you're asking. Monitoring 20 recap of the balances owed or apparent balances owed
21 and overseeing the pay applications that went out the 21 on the Mt. Harris at Grassy Creek project in Steamboat *
22 door, yes. 22 Springs. Ii
23 Q. SO you made -- part of your role was to 23 Q. (BY MR. CAL) And you testified this is a ;
24 make sure that accurate pay applications went out the 24 document you've seen while Robinson has been gathering ~
25 door? 25 documents for purposes of this examination?
Page 11 Page 131
1 A. That is correct. 1 A. It's a document that has been produced, I
2 Q. And did you have any role in seeing that 2 believe.
3 those pay applications were paid? 3 Q. It has not been produced. We did not get
4 A. No. Our accounting staff would monitor 4 this document. This document was not included within
5 the accounts payable, whether or not it had been paid. 5 the Robinson production.
6 Q. Did the accounting staff ever speak with 6 A. Okay.
7 you about whether or not payments were received? 7 Q. It's not. Okay. Mr. Moisan, have you
8 A. Yes. 8 seen any documents that amended or supplemented or
9 Q. And did Mr. Robinson ever speak with you 9 corrected this letter?
10 about whether or not payments were received? l O A . Not that I'm aware of.
11 A. Yes. 11 Q. Okay. Tell us, in this Exhibit 1 how
12 Q. Do you know how Robinson's claims against 12 much does Robinson inform its outside accountant Van
13 MAPI are reflected in the fmandal statements of 13 Beek & Company that it is owed on the Mt. Harris at
14 Robinson Construction Company? 14 Grassy Creek job?
15 A. I'm not sure I exactly understand the 15 MR. GRAGG: You realize this isn't a
16 question you're asking. 16 letter to Van Beek, this is a letter to Don?
17 Q. Do you know whether the fmandal 17 MR. CAL: Thank you. Let's stop. Who's
18 statements of Robinson include an amount for what 18 making the objections?
19 Robinson claims it is owed by MAPI? 19 MR. GRAGG: I didn't mean to object or
20 A. For Robinson Construction -- 2 0 interrupt. I apologize. You said it was a letter to
21 Q. Yes. 21 an auditor.
22 A. -- specifically? Robinson Construction 22 MR. CAL: Who's making the objections
23 showed an amount past due in relationship to these 23 here today?
24 projects, which is the basis for the claim. 24 MR. GRAGG: I'm not making an objection.
25 O. Is the amount consistent with the claims 25 MR. CAL: Thank vou.
4 (Pages 10 to 13)
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1 MR. BERNSTEIN: Would you repeat the 1 testify to the areas in your subpoena. I'm objecting ~j
2
3
question.
MR. CAL: Don't answer the question.
2
3
to the form of the question.
Q. (BY MR. CAL) Do you know where I
4
5
Would the court reporter please repeat it.
(The last question was read back as
4
5
Mr. Palmer would have gotten his information that he
included in this letter?
I
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6 follows: "Tell us, in this Exhibit 1 how much does 6 A. Mr. Palmer would have gotten information
7 Robinson inform its outside accountant VanBeek & 7 from a series of files on the project.
8 Company that it is owed on the Mt. Harris at Grassy 8 Q. Would he have spoken with you about it?
9 Creek job?") 9 A. He would not be required to speak --
10 MR. BERNSTEIN: I am going to object to 10 MR. BERNSTEIN: Before you answer that, I ij
11 that question because it does not -- that is not what 11 object to the form of that question. It calls for
12 is the nature of the letter. 12 speculation as to whether or not he would have. The II
13 MR. CAL: You can make an objection to 13 question is whether or not he did.
14 form and I'll correct it. Okay. 14 Q. (BY MR. CAL) Did he speak with you
15 MR. BERNSTEIN: Object to the form. 15 concerning the letter?
16 MR. CAL: Thank you. 16 A. He did not speak with me concerning this I
17
18
Q. (BY MR. CAL) Mr. Moisan, this letter is
dated July 25, 2007; is that correct?
17
18
letter prior to its creation.
Q. Did he speak with you concerning this
,
19 A. Yes, it is. 19 letter after its creation? ~j
20 Q. It's addressed to Don Anderson at Altus 20 A. No, he did not.

21 Ventures, LLC; is that correct? 21 Q. Did you ever speak with him concerning t
22 A. Yes, it is. 22 this letter?
23 Q. It's signed by Kyle Palmer, the assistant 23 A. No, I have not. I
24 controller for Robinson Construction Company; is that 24 Q. Do you think this letter is accurate or I,
25 correct? 25 inaccurate?
1
Page 15
MR. BERNSTEIN: Objection, foundation. 1
Page 17
A. I would have to review the files that he \1

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2 Q. (BY MR. CAL) Can you answer the 2 used to create this letter to determine that. ~j
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3 question, please. 3 Q. Well, do you think this letter accurately m
I
4 A. The letter is signed by someone. I do 4 reflects the amount that Robinson Construction was
5 not have the ability to confirm if that's Kyle 5 owed on the Mt. Harris at Grassy Creek job as of
6 Palmer's signature or not. 6 June 30, 2oo7?
7 Q. Do you know Kyle Palmer? 7 A. I would have to refer back to our files Ii
8 A. Ido. 8 to answer the question. I do not believe that this ~.
9 Q. Does he tend to provide accurate 9 accurately reflects the values of that contract. ~~.
10 information concerning Robinson's claims? 10 Q. Do you know what the lien claim is that §
11 MR. BERNSTEIN: Object to the form. 11 Robinson has asserted on Mt. Harris at Grassy Creek? j\)
12 A. You're asking me to speculate on his 12 A. Yes. ~Il
13 accuracy. I don't have an answer for that. 13 Q. What's the amount of that lien claim? Ii:
14 Q. (BY MR. CAL) You said you do know him, 14 A. It's approximately 3.2 million. ~~
15 right? 15 Q. Pardon me?

16 A. I do know him. 16 A. Approximately 3.2 million.
17 Q. Where would he have got the information 17 Q. What does this letter say the amount of
18 about Robinson's claims? 18 Robinson's claim is as of June 30, 2oo7?
19 MR. BERNSTEIN: Object to the form. 19 A. This letter claims the balance due as of
20 MR. CAL: This is a witness you 20 June 30, 2007, is $950,226.10.
21 designated as the representative for Robinson 21 Q. Do you have any idea how much work
22 Construction to testify concerning the areas 22 Robinson purportedly performed on the Mt. Harris at
23 identified in our subpoena. 23 Grassy Creek job between June 30, 2007, and the filing
24 MR. BERNSTEIN: I'm objecting to the form 24 of its lien claim?
25 of vour question Peter. Doesn't mean that he can't 25 MR. BERNSTEIN: Don't soeculate. There's
5 (Pages 14 to 17)
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1 a ton of documents on it. 1 Construction.
2 MR. CAL: John, if you want to object, 2 Q. Let's focus on employees then. Which
3 object to form. Quit instructing the witness, please. 3 employees were on site?
4 MR. BERNSTEIN: I'm not instructing the 4 A. I would have to review timecards to tell
5 witness at all. 5 you that.
6 MR. CAL: If you want to object, you can 6 Q. I've looked at timecards and I haven't
7 object. State your objection. 7 seen timecards for July 2007 in the documents you
8 MR. BERNSTEIN: I object, calls for 8 produced to me.
9 speculation. Show him a document. 9 A. Okay.
10 MR. CAL: I asked him if he knows. He 10 Q. Do you know whether you had employees on *
~~ can i. :i~:==~~eter,
14 not raising my voice here. You are. I'm just making
by tlnay, I'm ~~ ::~:!;~n"?=;run we not bave I
14 Q. Pardon me?
did
15 my objections. So if you want to start shouting about 15 A. We did not in July 2007.
16 this, we can elevate it to that leveL 16 Q. You did not?
17 MR. CAL: Mr. Bernstein, the appropriate 17 A. Did not have employees on site July 2007.
18 objection is to form. 18 Q. July 2oo7?
19 MR. BERNSTEIN: I know what the 19 A. That is correct.
20 objections are. 20 Q. August 2007, did you have employees on
21 MR. CAL: Then make them appropriately. 21 site?
22 Q. (BY MR. CAL) You were the project 22 A. I do not believe that we had employees on ..
23 manager, did you say, on this job? 23 site in August of 2007. I know that we did not have a I
24 A. Over the course of the main portion of 24 project manager on site in 2 0 0 7 . '
1-2_5_~th; ; e,. A;p;.; .lro.;"j)il.; .lec.;. ;t;:.I;.;,. w.;.;.,;.;,as;;. .n; ;"o;;. ;t. ; ;th; ;,.e;,. j:pl;. .;lr;.; .ool.,; i·ce..; ,c;,. tman=;; ; a;,;jilj:!; :.; ,ce;;. r; ; ;in; . ;i;,; ;ts~ _ _+-2_5 Q.::.. ;. . .;;;D;..;0;".,1Y"-co; .; u; . .m; ; . ;. ean~iblu.;.;st __J_ul->lly_2_oo_7_0_r,,,-
ycou_m_e_an_~1
1 original beginning. And at the time the contract was

Page 19
1 throughout 2oo7? Page 21 I
2 signed, I was scheduled to be the project manager for 2 A. I would definitely have to review to make:"
3 the project. 3 a clear statement on t h a t . !
4 Q. In July 2007 what was your role on the 4 Q. I'd like to ask you another question on .!.
5 project? 5 this document. In the July/August 2007 time frame, do !:.
6 A. In July 2007 I had an executive 6 you know whether Robinson did in the ballpark of 2 1/2!
7 management role at Robinson Construction and the 7 million dollars worth of work on the Mt. Harris at
8 project was being handled by the project manager in 8 Grassy Creekjob?
9 the company. 9 MR. BERNSTEIN: Object to the form of the
10 Q. Who was that project manager? 10 question.
11 A. Ryan Barackman. 11 A. I don't know. I was going to ask you if
12 Q. And he was on site? 12 you could repeat that again.
13 A. In 2007 he was not on site. 13 MR. CAL: Would you read that back to
14 Q. Who was the Robinson person on site in 14 him, please.
15 July of 2oo7? 15 (The last question was read back as
16 A. We did not have a person on site in July 16 follows: "I'd like to ask you another question on
17 of 2007. 17 this document. In the July/August 2007 time frame, do
18 Q. How about August 2oo7? 18 you know whether Robinson did in the ballpark of 2 1/2
19 A. We did not have a person on site in 19 million dollars worth of work on the Mt. Harris at
2 0 August of 2007. 20 Grassy Creekjob?")
21 Q. How about September 2oo7? 21 MR. BERNSTEIN: Same objection, form.
22 A. We did not have a project manager on 22 A. No.
2 3 site. And I would like to clarify that with all of 23 Q. (BY MR. CAL) You don't know or they did
24 those, because there was employees and/or 24 not?
2 5 subcontractors on site on behalf of Robinson 25 A. In the Julv and AUj:!;Ust 2007 time frame
, 6 (Pages 18 to 21)
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1 Robinson Construction did not do 2 1/2 million dollars 1 A. Yes, I did. :;:
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2 worth of work at the Mt. Harris at Grassy Creek 2 Q. How did those fmancial statements :;:
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3 project. 3 reflect the amount of Robinson's claim on Mt. Harris ~~
~~
4 Q. SO are you telling me that this letter is 4 at Grassy Creek? ~j~
5 inaccurate where it states the balance currently due 5 MR. BERNSTEIN: Object to form and ;::
6 as of June 30, 2007? 6 foundation. I

7 A. No. I'm not saying based on that 7 A. I would have to actually take a look at I
:~
8 statement that this letter is inaccurate. 8 them to tell you that and answer that question ~j
9 Q. You think this letter is accurate? 9 correctly today. J
10
11
12
A. I explained before I would have to review
the documents or the ftles that created this letter.
10
11
12
MR. CAL: Mr. Bernstein, we received no
fmancial statements in response to our subpoena and I
:;:.
;::'~
I do not agree with this letter. we did not receive a copy of this letter. We're going
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13 Q. You do not agree with this letter? 13 to keep the deposition open and we're going to request
14 A. I agree it's not accurate. 14 that you produce those documents so we have an I
15 Q. Pardon me? 15 opportunity to review them and if we need to examine l~
j11
16 A. I said earlier that I did not agree that 16 this witness concerning the fmandal statements and :::
~~;
17 it was accurate and I would have to review the ftles 17 this letter. ~1
18 that were used to create it. 18 MR. BERNSTEIN: I'm not -- I understand j~:
19 Q. Okay. So just so I'm clear, you think 19 your statement. By you making a statement does not *
20
21
22
the amount of balance currently due as of June 30,
2007, is not an accurate statement of what Robinson
was owed on this job?
20
21
22
mean I'm agreeing with the statement, but I understand
your position.
MR. CAL: Thank you.
Iil
23 A. That is correct. 23 (Deposition Exhibit 2 was marked.) II
24 Q. Do you know whether your accountants, Van 24 Q. (BY MR. CAL) Tell me when you've had a ::.
25 Beek & Company, relied upon this letter? 25 chance to review what's been marked as Exhibit 2. *
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1 A. I do not know.
Page 23
1
Page 25
MR. GRAGG: Peter, the other thing that I
2
3
Q. Do you know whether this letter was sent
to your accountants, VanBeek & Company?
2
3
you wanted other than fmandals? I'm trying to take
notes so I can follow up. i~,l
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4 A. I do not know. 4 MR. CAL: Thank you, Mr. Gragg. These
5 Q. You said you saw this letter during the 5 letters, July 25, 2007, we would like those.
t
I
6 course of gathering and reviewing documents that were 6 MR. GRAGG: You want me to see if I can j~
:;:
7 being produced? 7 fmd copies of those in our ftles? *: :;:.
8 A. I believe so, yes, that's what I said. 8 MR. CAL: Yes, sir.
9 Q. That is what you said. Do you believe 9 MR. HENDRICKSON: There's no Hidden II
10
11
that that's an accurate statement?
A. I do believe that is an accurate
10
11
Springs letter in there.
MR. CAL: You know, we'd like this letter ;::.
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12 statement. 12 as well as to fmd out whether you guys ever corrected ~. ~
13 Q. Did you speak with anyone after you saw 13 these letters and fmd out whether these letters were, ~~:
;=:'
14 this letter? 14 in fact, sent to the auditors.

15 A. No, I did not. 15 MR. GRAGG: I understand. Can you tell I:
16 Q. Did you note that this letter did not 16 me the approximate date? Because I work
17 appear to be accurate in terms of the amount due as of 17 chronologically.
18 June 30, 2007? 18 MR. CAL: These letters are both dated
19 A. No, I did not. 19 July 25, 2007.
20 Q. You're not aware of any letter subsequent 20 Q. (BY MR. CAL) Have you had a chance to
21 to July 2007 that corrected this letter? 21 review what's been marked as Exhibit 2?
22 A. No, I am not. 22 A. Yes, I have.
23 Q. Did you look at the fmandal statements 23 Q. Could you tell us what Exhibit 2 is.
24 for Robinson Construction for the 2007 -- the second 24 A. Exhibit 2 is a letter to Don Anderson
25 half of 2007? 25 recaooinl! the contract balance Villal!es at Havden
7 (Pages 22 to 25)
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1 contract. 1 A. In general Kyle does a good job and he's
2 Q. Have you seen this letter before today? 2 pretty accurate. I
3
4
5
A. Actually, I do not believe I've seen this
letter before today.
Q. You do believe you saw the one concerning
~ yo~a~::::t~:t:~~::~~c:a:~et~~~~;~m
5
to
an employee, would you?
as
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6 Grassy Creek? 6 MR. BERNSTEIN: Objection, form, ••

7 A. Yes. 7 foundation. !:
8 Q. Have you seen a letter to Mr. Anderson 8 Q. (BY MR. CAL) What was your answer to the i
9 about the same time period summarizing the amount that 9 question? *
10
11
12
Robinson is owed on the Hidden Springs job?
A. No, I have not.
Q. SO you just saw the Grassy Creek?
~~ did n~p~~~~:ea:~:t~=:;~~:~~~~eIfw~~d
12 not want to keep him.
II
13 A. Yes. 13 Q. Why were these letters sent to D o n i
14 Q. And who signed this letter? Whose 14 Anderson? I
15 signature -- whose name is below the signature of this 15 A. I do not have an answer for that. As a ; ~~
16 letter? 16 matter of process, our fiscal tax year ends on June 30 i
~~ ~~~:~r::~:t~~~h:~c:~::~=:n~~:~1,.1 '
17 A. Kyle Palmer.
18 Q. But you're not able to identify whether,
19 in fact, that's Mr. Palmer's signature? 19 would get a recap or summary in either this form or a .
20 A. That's correct. 2 0 similar form would go out to every client standard.
21 Q. Have you had occasion to work with 21 Q. And take a look back at Exhibit 1. Tell
22 Mr. Palmer? 22 us, according to this letter, how much had Robinson
23 A. Yes, I have. 23 been paid through June 30, 2007, on Mt. Harris at
24 Q. Tell me what you think of Mr. Palmer's 24 Grassy Creek?
25 abilities on the job. 25 A. $4,919,041.
Page 27 Page 291
1 MR. BERNSTEIN: Objection as to form. 1 Q. That's -- I:
2 Can you clarify that question? When you say "on the 2 A. That's billing. Excuse me. Sorry.
3 job," what do you mean by that? 3 $3,968,814.90.
4 Q. (BY MR. CAL) For the work he does for 4 Q. Same question now on Exhibit 2: Tell us
5 Robinson Construction Company. 5 what this exhibit says Robinson had been paid through
6 A. Can you be more specific to me about that 6 June 30, 2007, on the Villages of Hayden job.
7 question? 7 A. $4,069,746.
8 Q. Do you think he does a good job? 8 (Deposition Exhibit 3 was marked.)
9 MR. BERNSTEIN: Object to the form. 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 that. 11 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 foundation. 21 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
8 (Pages 26 to 29)
a140fd45·f1 f8·4913·a4c8·ace8dd24d060
~ a"Q0f ;~~~:::;o~=~te<lil. :::e 3~3 ~:~Ast.e8nN'~0 0.";~ chaogedbetweeo

3 played a role -- in your accounting department who had
0 Joly 25. ;;;;e an
:, . 1.... 1:.
·1.....::.....
==:.::
4 a role in the creation of this document in terms of 4 Q. Do you believe the numbers reflected o n ;
~ ~~t~:=r:
8would have a responsibility for entering and creating
were ~ fuillbr~~::::
8
wheilier Robffison
informed Van Beek & Company that the amounts of its 11
ever I
9 this document, as well as our controller Tom Boyle. 9 lien claims are as reflected on Exhibit 3? ;
10 I'm not exactly sure which individual created l O A . Van Beek & Company would have access to I._
11 everything about this document. 11 this computer program. They would have this .
~~ cre~? :~::a:::i::=:as ~~ :J~~:.::?vanBeek&CO~anYhaveaccess I

15 values. 15 A. Byway of backup.
16 Q. My question to you, sir, was do you know 16 Q. What does that mean? Explain that to us.
17 why this document was created? 17 A. They would be given a backup disk for
18 A. Work purposes of billing and showing 18 their use in order to prepare fmancial statements for
19 outstanding invoices, outstanding amounts. 19 the company.
20 Q. Was Robinson contemplating filing its 20 Q. And did anyone from Van Beek & Company, I.
21 lien at this time? 21 to your knowledge, ever ask anyone at Robinson why _.j'.!
22 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;
\:
~ ::~~Jg§g5Yoo've=y331I
Page 31
1 2007.
2 Q. Do you know whether as of August 7, 2007,
3 Robinson was contemplating filing a lien?
4 A. Yes.
5 Q. It was? 5 said you're not aware of the amounts that are
6 A. Yes. 6 reflected in the fmandal statements for the claims?
I
7 Q. Do you know whether this document was 7 A. What I said was I would have to look at
8
9
10
created for purposes of calculating the lien amounts?
A. The purpose of the document being created
was not specifically for figuring out the lien
~ ::=~~"':::;:::~7.::':':"""1.
10 Q. Okay. And where would you look in the
11 amounts. The purpose of this document is a summary of 11 fmandal statements? What part? What section?
12 each contract out of our accounting system. 12 A. I would look in the accounts receivable ~J
13 Q. How did Robinson determine what the 13 section.
I
rEo:=~::::::::~on I
14 amount of its lien claim on Grassy Creek should be? 14
15 A. Based on the values that are on this 15
16 report, recap or summary of the contract values, 16
17 payments, and invoices. 17 ro re
18 Q. SO this report would have been the report 18 has an item -- a line item in its fmancial statements
19 that was used to decide what amount to include in the 19 for notes receivables?
20 lien claim; is that right? 20 A. It does.
21 A. Sure. Yes. 21 Q. Do you know whether Robinson's fmandal
22 Q. This report was created approximately two 22 statements included a $5 million promissory note in
23 weeks after Exhibits 1 and 2; is that correct? 23 its notes receivables arising out of a MAPIjob?
24 A. That is correct. 24 MR. BERNSTEIN: Object to the form and
25 O. Do YOU know why the numbers changed so -- 25 foundation.
9 (Pages 30 to 33)
a140fd45·f1 f8·4913·a4c8-ace8dd24d060
Page 34 Page 36 ,!
m
1 A. I know which note you are talking about, 1

2 but I am not aware -- or I don't have the fmancials 2
3 in front of me to determine whether or not it was 3
4 listed on Robinson Construction's fmancial 4
5 statements. 5
6 Q. (BY MR. CAL) Which note am I talking 6
7 about? 7
8 A. You're referring to a promissory note on 8
9 8/16/06 that is due Robinson & Sons from 4S 9
10 Development. 10
11 Q. What's the amount of that note? 11
12 A. $5 million. 12
13 Q. And were there negotiations concerning 13
14 that note? 14
15 A. Yes, there was. 15
16 Q. Were you involved in those negotiations? 16
17 A. Yes, I was. 17
18 Q. Were documents exchanged back and forth 18
19 concerning that note? 19
20 A. There was some discussion and an e-mail 20
21 or two about a solution to them not paying our bill. 21
22 Q. Was there any e-mail or other 22
23 documentation where the parties calculated what the 23
24 amount of the note would have to be? 24
25 MR. BERNSTEIN: Obiect to the form. 25
Page 35
1 A. I'm not sure I understand what you're
2 asking. Robinson Construction had not been paid.
3 Q. (BY MR. CAL) Were there any documents 3 Q. And tell me, what was the first time you
4 that one side, 4S, sent to the other side, Robinson & 4 remember having a conversation with Mr. Anderson
5 Sons, concerning what the amount of the note would be? 5 concerning a promissory note?
6 A. Not that I'm aware of. 6 A. The conversations -- all the way up until
7 Q. Now, you said there were some discussions 7 the note, the conversations were very specific about
8 conceming the note? 8 the fact--
9 A. That is correct. 9 MR. BERNSTEIN: I think his question was
10 Q. When were those discussions? 10 when was the first time you recall discussing this
11 A. End of July '06 time frame. 11 with Mr. Anderson. Is that right?
12 Q. Who participated in those discussions? 12 A. I couldn't tell you the first time, a
13 A. Primarily myself and Don Anderson. 13 specific date of that fITst conversation.
14 Q. Anyone else? 14 Q. (BY MR. CAL) Give me your best estimate
15 A. Paul Doughty, Bob Keys, Ron Sills. 15 in terms of a month or week.
16 Q. Kirk Moisan, and you said primarily you 16 A. First part of August, second week of
17 and Don Anderson? 17 August '06.
18 A. That is correct. 18 Q. August '06 or July '06?
Q. But now some other people also had a
~~ =~;~i~i:'~~reaWOWdhave
19
20
21
22
23
role?
A. That is correct.
Q. But not as big a role as you and Don
Anderson? 23 A. That is correct.
I
24 A. That is correct. 24 Q. Tell me about that conversation.
25 O. Who are the other people who had a role? 25 A. I don't remember the exact conversation
10 (Pages 34 to 37)
a140fd45·f1 f8·4913·a4c8·ace8dd24d060
Page 38 Page 40 ~
~~.
1 site trailer there for the construction process that ~J

1 that you're trying to get me to talk about. What I
2
3
remember is that Robinson Construction had not been
paid $5 million and for several weeks I was requesting
2
3
4
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 ~
I
4 some sort of payment, some sort of action on the other ~.
~
5 members of this group's part to show some good faith 5 meeting to deal with project issues, to deal with MAPI ~
6 and step up to the plate and pay the bill. It's 6 ownership issues, to deal with whatever the topic was ~~
:::
7
8
9
5 million bucks. There was several conversations over
a few-week period that led up to the creation of the
note.
7
8
9
that needed to be handled.
Q. Were minutes taken of these meetings?
A. The minutes that were taken were ;~
I
~::
:::
~~
10 Q. All right. The note, do you know when -- 10 specifically related to the construction contracts. ~
.::
11 you said -- I think you testified that the note was 11 There were no minutes taken on behalf of MAPI of ;~
~~.
~:
12 dated August 16, 2oo6? 12 discussions with Don Anderson or Ron Sills and I. il
13 A. I believe that is correct. 13 Q. Who took the minutes of the meeting
14
15
Q. But now you're talking about a couple
weeks of conversations that led up to the creation of
14
15
concerning the construction work?
A. Ryan Barackman, the project manager for f
I
:~
16
17
the note?
A. Yes.
16
17
Robinson Construction.
Q. Was Mr. Barackman present when the il
I
18 Q. Those conversations that led up to the 18 discussions concerning the management of MAPI came up? :::~
19 A. No.
I
19 creation of the note, do those conversations go back
20 into July 2oo6? 20 Q. SO you'd excuse Mr. Barackman before
21 A. Yes. 21 those conversations came up?
~j1
22 Q. Tell me about the fIrst conversation you 22 A. Yeah, or Don and I would go down to Ron
23
24
remember that led up to the creation of the promissory
note.
23
24
Sills' office, the 4S office in Hayden, Colorado.
Q. SO the conversations concerning the ~.
I
25 A. Again, I'm not going to have an exact 25 management of the MAPI entity were between you, Don
Page 39 Page 41
I'
~j
1 date and time and place of a specifIc conversation. 1 Anderson, and Ron Sills?
2
3
We were not paid $5 million. It was a daily
conversation that when are we --
2
3
A. And occasionally whoever else was on the
whole roster of people involved. Everybody was !
4
5
6
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
4
5
6
invited.
Q. And I want to focus specifIcally on a
conversation you're talking about where you raised the 1
I
7 of what your conversation was. I understand that. 7 issue with Mr. Anderson concerning the payments. You
8 What I want you to do is sitting here today, as best 8 think that happened at the trailer out at the job Ii:~
9 as you can recall, tell me the fIrst conversation you 9 site?
10 can remember with Mr. Anderson where you expressed 10 A. Yes.
11 Robinson's frustration with not having been paid 11 Q. And who else was present when you raised
12 $5 million for the work it had performed. 12 that?
13 A. It would have been in a job site 13 A. Ryan Barackman, and I don't think Ron
14 construction meeting around the last week of July 14 Sills was there. He may well have been there.
15 between the 25th and the 30th. I was here -- I was on 15 Q. I thought you just told me Ryan Barackman
16 the job site on a weekly basis and met with Don 16 was excused before you had those discussions?
17 Anderson on the job site on a weekly basis. 17 A. You asked me about payment on a
18 Q. SO you and Don Anderson were both on the 18 construction project with Robinson Construction. Ryan
19 site on a weekly basis in July of 2oo6? 19 Barackman was in the trailer when we talked about
20 A. That is correct. 20 payment for Robinson Construction.
21 Q. You say you think this meeting was 21 Q. SO the payment for Robinson Construction,
22 July 25 to July 30, 2oo6? 22 that's different from talking about the management of
23 A. That is correct. 23 MAPI?
24 Q. And you called it a job site meeting? 24 A. Absolutely.
25 A. We met at the iob site. We had a iob 25 O. Okav. So the issues about the payment
11 (Pages 38 to 41)
a140fd45-f1 f8-4913·a4c8-ace8dd24d060
Page 42 age
1 for Robinson Construction is what I'm really trying to 1 much money Randy Wll8 supposed to carry at w.: 441
2 focus on in these questions. 2 meeting. We had a discussion about Robinson I
~ ~~:~~:~~:~:~e~e;:fn~~ =~V:::~~~~rnit~O
3 A. Okay.
4 Q. Who was present -- so Mr. Barackman was I,
5 present during discussions concerning payments owed to 5 get paid, where the financing was coming from, who was i'
6 Robinson Construction? 6 paying the bill, when it was going to happen. Those ;!
~1
7 A. That is correct. 7 types of details were discussed in that meeting.
8 Q. But you're saying he didn't take any 8 Q. (BY MR. CAL) Did you ever --
9 notes concerning those? 9 A. There was an agreement already in place,
l O A . No. The meeting minutes are available 10 Peter, that Randy Robinson would carry $5 million for
11 and I believe have been produced for all of our 11 the construction of the projects.
12 construction meetings. And we can pull them out and 12 Q. SO tell me about this agreement that was
13 take a look at them to find out who specifically was 13 already in place that you just mentioned. II
14 in the trailer when we had that discussion, but Ryan 14 A. At that time there were no executed f:
15 Barackman was present. 15 documents recognizing an operating agreement for MAPI, I
16 Q. Okay. And you said Robinson -- you 16 recognizing what is the unit purchase agreement for
1 7 expressed Robinson's frustration in not receiving some 17 MAPI, which is where the $5 million is spelled out.
18 form of payment for the $5 million worth of work? 18 Nothing had been formed. No business structures had
19 A. That is correct. 19 been executed. Nothing had been done. The only thing "!
20 Q. And tell me as best you can recall now 20 that had happened at that point in time was Robinson
21 exactly how you expressed that frustration. 21 Construction showed up, was $5 million into these
22 A. Very specifically I wanted to know how we 22 projects, and we had not been paid. We had not been
2 3 were going to get paid. 23 showed that there was any way to pay us and we wanted
~: tokuOW~~~::':~~~u~OO::ge 451
24 Q. And what were you told?
25 A. I was told that Don was workin~ on
Page 43
1 financing and that Randy had agreed to carry a 1 question to the witness, please.
2 specific amount of money and he'd get us paid when he 2 (The last question was read back as
3 got us paid. 3 follows: "S 0 tell me about this agreement that was
4 Q. What did he tell-- tell me what you 4 already in place tHat you just mentioned.")
5 recall specifically about what Mr. Anderson said 5 Q. (BY MR. CAL) Would you answer that
6 about -- you said Randy agreed to carry a specific 6 question.
7 amount of money? 7 A. It's the unit purchase agreement for
8 A. That is correct. 8 Mountain Adventure Property Investments.
9 Q. Who is Randy? 9 Q. That unit purchase agreement, you're
l O A . Randy Robinson. 10 telling me now that that unit purchase agreement was
11 Q. What did Mr. Anderson say about Randy 11 not in place at the end of July 2oo6?
12 Robinson's agreement to carry a specific amount of 12 A. It was not.
13 money? 13 Q. SO you misspoke in your prior answer?
14 A. That Randy Robinson agreed to carry a 14 MR. BERNSlEIN: No, he did not.
15 specific -- carry the money, I will pay you when we 15 A. No, I did not.
16 get it. And I said, That's not good enough, Dan -- or 16 MR. CAL: Read his answer back from my
1 7 Don, we need to know where the fmancing is coming 17 prior question.
18 from, we need to know what's going on, when are we 18 (The answer beginning on page 44, line 9,
19 getting paid, how are we getting paid. 19 was read back as follows: "There was an agreement
20 Q. What did Mr. Anderson say about how much 20 already in place, Peter, that Randy Robinson would
21 money Mr. Robinson had agreed to carry? 21 carry $5 million for the construction of the
22 MR. BERNSlEIN: Are we still in this 22 projects.")
23 meeting? 23 Q. (BY MR. CAL) Okay. You remember that
24 MR. CAL: Yes, we are. 24 answer you gave?
25 A. We didn't have a discussion about how 25 A. I do.
12 (Pages 42 to 45)
a140fd45·f1 f8·4913·a4c8-ace8dd24d060
~ alread~i~:~~ey'Fo:=:::n~;:e
3 $5 million for the construction of the projects.
46 ~ notit~~firs~~~~~o::::;~::e
3 5 million spent approximately and 10 to $11 million!
4B I
4 A. There had been at that point an agreement 4 worth of work. I
5 that Randy Robinson would carry $5 million, and those 5 Q. And this $5 million that was going to be •,.•,(.
6 documents had not been executed at that point in time. 6 contributed, was this subordinated debt in equity? '.
7 Q. Who had reached that agreement that 7 MR. BERNSTEIN: Object to the form and
8 you're talking about, about carrying the $5 million? 8 foundation of that question.
9 A. All of the players in the Mountain 9 A. No.
10 Adventure Property Investments. 10 Q. (BY MR. CAL) Did you ever hear anyone
11 Q. Who were those players? 11 say that Robinson Construction was contributing
12 A. 4S Development, Grassy Creek Holdings, 12 $5 million of subordinated debt in equity?
13 Oasis Development, and Robinson & Sons, LLC. 13 A. No.
14 MR. GRAGG: Peter, since you took the 14 Q. You never heard anyone say that?
15 last of the water, might I trouble your staff to bring 15 A. No.
16 us a little more? 16 Q. Have you ever seen that reflected in any
17 MR. CAL: I was going to do that. I 17 documents?
18 didn't want to do it on the record. Would you like to 18 A. No.
19 take a break now? 19 Q. You've never seen that reflected in a
20 MR. GRAGG: Sure. 20 document?
21 MR. CAL: Let me fInish up this line and 21 A. That Robinson Construction was
22 then we'll get some water for you guys. Could you 22 subordinating $5 million, no.
_~_4_3_re_a_d_b_ac_t_~_~_\_a;_s:_:_e_;wP_e~_e~_sas, -e_.
• ....
' r_e_ad-Jt.-ba_c_k_a_s_ _
,25 follows: "4S Development, Grassy Creek Holding;s,
--"'i.~_+-~-~--....;:;,,-~~.
25
'-e_~e_~....~_tak:_~_n~_I.!.~_·: _1r;_a_t:_:n_~t_~ - -: ~.,;&~'_~....th_a._:_~)_· _---II,:
....
(BY MR. CAL) Mr. Moisan, you're still
Q.
i.,:.::.·.:.·,.
Page 47
1 Oasis Development, and Robinson & Sons, LLC.") 1 under oath. Do you understand that?
2 Q. (BY MR. CAL) And when you used the 2 A. Yes, I do.
3 phrase that Mr. Robinson had agreed to carry 3 Q. Did you report back to Mr. Robinson
4 $5 million in the construction costs, is that an 4 concerning your discussion with Mr. Anderson about the ~]
~j
5 accurate statement, what you're saying? 5 payment and Mr. Anderson's response?
6 A. Yeah, sure. 6 A. I work for Mr. Robinson, so I would
7 Q. What do you mean by that? 7 report -- I reported back to him all the time.
8 A. The agreement specifIcally states that 8 Q. SO your answer is yes?
9 Robinson -- 9 A. Yes.
10 Q. No. Wait a second, because there's not 10 Q. And what did you say to Mr. Robinson
11 an agreement, remember. I'm talking about -- the 11 about what Mr. Anderson told you?
12 agreement hadn't been signed yet, so I want you to 12 A. I don't recall exactly what I said, but I
13 focus just on this agreement, this understanding that 13 expressed concern that he wasn't going to get paid.
14 had been reached before July 2006 that was not yet 14 Q. What did Mr. Robinson say?
15 signed up. What did you understand Mr. Robinson had 15 A. Figure out how to get paid.
16
17
18
19
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
16
17
18
19
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.
I
20 infrastructure work at the Hidden Springs, Villages of 20 Q. Ultimately you did figure out how to get
21 Hayden, and Mt. Harris projects. 21 paid, right?
22 Q. Until June 1 of 20077 22 A. I don't know so much that it was me
23 A. That is correct. 2 3 figuring it out, but we were amenable to working with
24 Q. SO then why were you upset about not 24 Don Anderson on getting us paid through his finance
2 5 being oaid in 2oo6? 25 methods.
13 (Pages 46 to 49)
a140fd45·f1 f8-4913-a4c8-ace8dd24d060
Page 50 52
1
2
Q. SO what was the resolution that was
reached in the July/August 2006 time frame about
1
2
begi~ng~::~~~U::~=::'~M , :eage 1
3 getting Robinson paid? 3 Q. When is the memorandum of understanding
4 A. Basically, the most important thing to us 4 dated?
5 was that they acknowledged that they owed us 5 A. March 21, 2006.
6 $5 million and that the remaining balances of the 6 Q. SO you see, I'm talking about
7 contracts as we progressed would be kept current. And 7 August 2006. Do you understand that? :~
8 that was done through the particular promissory note 8 A. Yes, I do. ~~.
9 that we opened this discussion with a few minutes 9 Q. I'm talking about the understanding t h a t !
10 back. 10 you said was reached in August 2006 that made Robinson ~
11 Q. SO the promissory note included the 11 comfortable. Do you understand that? i
12 acknowledgement of the amounts Robinson was owed; is 12 A.I~. I
13 that what you're saying? 13 Q. Okay. Tell me whether that understanding i
14 A. That's right. 14 that was reached in August 2006 was in writing. i
15 Q. And where was the agreement that Robinson 15 A. The acknowledgement that we were owed -- ~
~rn:o~2==:::::~ry I
16 would continue to be paid going forward for the future 16
17 pay applications? 17
18 A. That would have been an understanding to 18
19 those terms. 19 note, correct?
20 Q. Pardon me? 20 A. In the promissory note.
21 A. It was just an understanding that we 21 Q. Does the promissory note say that
22 would be paid for the future payment applications on 22 Robinson is going to be paid going forward on future
23 the project. 2 3 pay applications?
24 Q. SO that understanding that you're talking 24 A. No, it does not.
25 about now was not in writing? 25 Q. Is there anything in writing in
Page 51 Page 531
1 A. I don't recall a specific piece of paper 1 August 2006 that says that Robinson is going to get
2 that says if we have this promissory note, you will 2 paid for future pay applications on a going-forward
3 pay every progress payment from here forward. We had 3 basis?
4 contracts in place at Robinson Construction and 4 A. I don't recall a specific document.
5 there's contract terms in there for payment. There 5 Q. But just so we're clear now, there was a
6 was an acknowledgement that Robinson Construction was 6 resolution reached in August 2006 that satisfied
7 owed $5 million and we continued working on the 7 Robinson's concerns about being paid; is that correct?
8 projects. 8 A. That is correct.
9 Q. Okay. The contracts that you are talking 9 Q. And the resolution was the $5 million
10 about were contracts that were entered into in June of 10 promissory note, correct?
11 2006, correct? 11 A. Correct.
12 A. That's correct. 12 Q. And an understanding by the parties that
13 Q. SO those contracts were in place before 13 on a going-forward basis Robinson would be paid on a
14 August 2006? 14 timely basis for its future pay applications?
15 A. That's correct. 15 A. That's correct.
16 Q. And you told me about the understanding 16 Q. Anything else?
17 that you reached in August 2006 that made Robinson 17 A. Not that I'm aware of.
18 comfortable, correct? 18 Q. Okay. Let's take a step back now. Have
19 A. Correct. 19 you ever been deposed before, Mr. Moisan?
20 Q. SO that's that understanding. It's that 20 A. Onetime.
21 understanding that you reached in August 2006 that 21 Q. Tell me about that.
22 made Robinson comfortable there's a promissory note, 22 A. It was about a year ago in a Medford
23 right? 23 School District case for a building that had burned
24 A. Correct. 24 down and I was deposed on the construction costs of
25 O. Is there anything else in writing? 25 the new school that had been orooosed with the
14 (Pages 50 to 53)
a140fd45-f1 fS-4913-a4cS-aceSdd24d060
Page 54 Page 56 II
1 insurance company. ~ ;~~~~6, give me your employment history beginning inl
2 Q. And that's the only other time you've
3 been deposed? 3 A. I worked for Gerdes Electric in B e n d , !
4 A. Certainly in recent, yeah. 4 Oregon. After that I owned and operated Redmond ~~
i:
5 Q. Okay. Tell me about the depositions that 5 Electric, also owned and operated Redmond Excavating, I
6
7
8
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
6
7
8
and then --
Q. Was there a Mr. Redmond who was your
father-in-law?
~
~
I
9
10
11
in communication with attorneys at the table, but I
don't recall being specifically deposed.
Q. Has there ever been a court reporter {~ ~n~~~;::~:::::::i:lein I
12
13
sitting down taking what you are testifying to under
oath? ~~ Redm:nd:~~~~ not. II
14 A. A year ago. 14 Q. Are you married?
15 Q. Other than that time a year ago? 15 A. Yes, I am.
16 A. No. 16 Q. Did your father-in-law have any role in
17 Q. SO the only other time that you can 1 7 any of your companies?
18 recall being sworn under oath and having a court 18 A. No, he did not. I worked for him at
19 reporter present when you were testifying was a year 19 Gerdes Electric.
20 ago with that school case you're talking about? 20 Q. You worked for your father-in-law at
21 A. That's correct. 21 Gerdes Electric?
22 Q. Other times you've been in rooms where 22 A. That is correct.
23 there were lawyers and there were conversations, but a 23 Q. Okay. So how long did you have Redmond
24 court reporter was not present? 24 Electric and Redmond Excavating?
25 A. Uh-huh. 25 A. Four to five years.
Page 55 Page 57 ,
~~.
1 Q. Is that correct? 1 Q. Up until what date? What year?

2 A. That is correct. 2 A. 2001.
3 Q. Have you ever been arrested? 3 Q. 2001. What happened to those companies
4 A. No. 4 in 2oo1?
5 Q. Tell me about your educational 5 A. I closed Redmond Electric down, as well
6 background, beginning with college. 6 as Redmond Excavating in 2001.
7 A. I only went to college for one year and 7 Q. Why did you close those down in 2001 ?
8 then that was it. 8 A. I had a substantial customer that had
9 Q. Okay. What did you study in that one 9 filed bankruptcy and did not pay me.
10 year? 10 Q. Who was that substantial customer?
11 A. I entered college to study -- to go into 11 A. Sapphire Homes.
12 chemistry. 12 Q. Did Redmond Electric or Redmond
13 Q. Okay. So then after you did your one 13 Excavating have to file for bankruptcy?
14 year of college, what did you do after that, after you 14 A. No, it did not.
15 got done with one year of college? 15 Q. SO you liquidated the companies?
16 A. I entered into an electrical 16 A. That is correct.
17 apprenticeship program. 17 Q. After you liquidated Redmond Electric and
18 Q. Did you become an electrician? 18 Redmond Excavating in 2001, what was your next job?
19 A. I did. 19 A. I worked briefly for Crook County Parks
20 Q. Are you a licensed electrician? 20 and Rec in a transition between jobs going to work as
21 A. Yes, I am. 21 a general manager at AC & E Electric in Salem, Oregon.
22 Q. When did you become a licensed 22 Q. SO you did a little bit of time with the
23 electrician? 23 parks and rec and then you went to AC & E Electric?
24 A. I believe my journeyman's card is 1996. 24 A. That is correct.
25 O. Now. after vou got vour iournevrnan's card 25 Q. You were a proiect manager, did you say?
15 (Pages 54 to 57)
a140fd45-f1 f8·4913·a4c8·ace8dd24d060
Page 58 Page 60 ~
~
1
2
3
A. I was a general manager.
Q. Okay. What did you do for them as
general manager?
1
2
3
Q. And you fITst started showing up in
Hayden in May 2006; is that correct?
A. Yes. I have been involved in the project
~i
~j
I
4
5
6
A. Resolved the estimating department, which
I was the estimating department, project management,
dispatched and allocated labor and manpower projects,
4
5
6
since my beginning at Robinson Construction.
Q. Okay. So that was really the fITst
project you worked on for Robinson Construction?
I
7
8
9
10
coordinated purchases and materials, and oversaw all
of the operations of the company.
Q. How long did you work for -- it was ACE
Electric?
7
8
9
10
A. One of the fITst projects, yes.
Q. You had some other jobs that you had some
role in also at the same time?
A. That's correct.
~1
jjj
I
:~
11 A. AC & E Electric. 11 Q. Okay. Do you have any role with the ~:
12 Q. AC & E Electric. How long did you work 12 company called Robinson & Sons, LLC? I
13
14
for them?
A. About three years.
13
14
A. Yes, I do.
Q. Tell me about your role with the company:
I
15 Q. That would roughly be 2002 to 2005? 15 that's called Robinson & Sons, LLC. ::
16 A. Yeah, 2006 beginning. 16 A. My role in Robinson & Sons, LLC is to l
17 Q. SO you worked with AC & E Electric until 17 oversee, basically do whatever Randy would like me to I
18 the beginning of 2oo6? 18 do dealing with the developments, investments that are Ii
19 A. Yeah. I started at Robinson Construction 19 involved in that company, as well as working with ::
20 in April of '06. 20 fmance and real estate agents involved with that ~.
21 Q. I just want to make sure -- 21 company in a coordination type of position. ~.
22 A. I worked for AC & E until my employment 22 Q. Robinson & Sons, LLC, does it have any ;;;
m
23 at Robinson Construction. 23 full-time employees, to your knowledge? :::.
:::.
~:
24 Q. You went straight from AC & E Electric to 24 A. No, it does not.

25
1
Robinson?
A. That's correct.
Page 59
25
1
Q. And it's a limited liability company; is
that correct?
Page 61
~1
~~.
I
2 Q. You started with Robinson Construction in 2 A. Yes, itis.
3 Aprilof2oo6? 3 Q. Who are the members of Robinson & Sons,
4
5
A. That's when I went on payroll, yes.
Q. Did you do anything with Robinson
4
5
LLC?
A. Robinson Family Trust, Ryan Robinson, and I
6
7
Construction before you went on payroll?
A. I had been a subcontractor and had been
6
7
Clrristopher Robinson.
Q. SO it's Robinson Family Trust, Ryan
~.
I
:::
8 hired occasionally for design work and consulting type 8 Robinson?

9 of work with Robinson Construction in the development 9 A. Uh-huh.
10 of different projects with Robinson Construction for 10 Q. And Clrristopher Robinson?
11 my whole entire tenure at AC & E Electric. 11 A. That's correct.
12 Q. You say you did design work? 12 Q. SO they're the members of the Robinson &
13 A. Yeah. Utility designs, working with 13 Sons,LLC?
14 street lighting and application projects, getting 14 A. Uh-huh.
15 power to the projects. 15 Q. What's RK Enterprises?
16 Q. Okay. And then you began as an employee 16 A. RK Enterprises is another investment
17 of Robinson Construction in April 2oo6? 17 company that was created with Robinson & Sons, LLC and
18 A. That's correct. 18 Keys Family Partners Limited. Both are 50 percent
19 Q. Did you leave -- you left AC & E Electric 19 owners respectively.
20 voluntarily or were you asked to leave? 20 Q. SO who are the two 50 percent owners?
21 A. Voluntarily. 21 A. Robinson & Sons, LLC and Keys Family
22 Q. Okay. And you've worked with Robinson 22 Partners Limited.
23 Construction as an employee continuously from 23 Q. Keys Family Partners Limited, is that a
24 April 2006 to the present? 24 limited partnership?
25 A. That is correct. 25 A. I don't control that company. I don't
16 (Pages 58 to 61)
a140fd45-f1 f8-4913-a4c8-ace8dd24d060
Page 62 Page 64
*"
1
2
have any control there.
Q. Okay. Do you know who is managing the
1
2
Q. Is Sunrise Partners the owner/developer?
A. Yes. Ij~
3 Keys Family Partners Limited, at least in terms of its 3 Q. Who is doing the construction work on )~
4 ownership interest in RK Enterprises? 4 that job? :::
~:
5
6
7
A. Bob Keys or Robert Keys.
Q. Anyone else?
A. No.
5
6
7
A. Robinson Construction.
Q. Do you have any role?
A. Yes, I do.
I
8
9
10
Q. How long have you known -- you know
Robert Keys?
A. Ido.
8
9
10
job?
Q. You personally, what's your role on that
A. My role in that job is representing
I~1
~.
~j
11 Q. How long have you known Robert Keys? 11 Sunrise Partners in a coordination position with the
12 A. Since the end of the year 2005,2006, 12 real estate agents, the transactions, overseeing the
13
14
15
right around that time frame.
Q. Okay.
A. So three years.
13
14
15
residential lot sales, residential home building
companies that are purchasing lots, and active
negotiations in the commercial development property
I
16 Q. End of the year 2oo5? 16 sales. II'
17 A. Vb-huh. 17 Q. Who owns the land on that job? ~~
:::
18 Q. How did you come to know Mr. Keys at the 18 A. Sunrise Partners. j~
19 end of the year in 2oo5? 19 Q. From whom did Sunrise Partners acquire Ij
;
~~.
20 A. I was in a meeting with Randy Robinson 20 the land?
21 and Randy introduced me to him. 21 A. I was not involved in 2003. I'm not
22 Q. What was this meeting about? 22 exactly sure here. There are a couple of names, Tracy
~.
23 A. Potential development project. 23 Baron and Gerald Rollette. I'm not sure what their ~.
24 Q. Where? 24 roles were or what their ownership percentages were. ~;
25 A. In Mosier, Oregon. 25 Q. Was it a hostile situation through which ~!~
:::
Page 63 Page 65 ;
1 Q. Do you know whether Mr. Keys and 1 Sunrise Partners became the owner of the land in 2oo3? I
~
2 Mr. Robinson have worked together on other development 2 MR. BERNSTEIN: Objection as to form and
3 projects? 3 foundation.
4 A. Yes. 4 A. I'm not aware that it was hostile or not,
5 Q. Other than Mosier and other than Hayden? 5 because I wasn't involved at that point in time. Ii
6 A. Yes. 6 Q. (BY MR. CAL) What have you heard,
7 Q. How many others? 7 though? II
:~
8 A. There are several. 8 MR. BERNSTEIN: Objection as to form and
9 Q. Tell me the ones that you know of. 9 foundation. Ii
10
11
12
A. Sunrise Heights.
Q. Where is that?
A. Happy Valley, Oregon.
10
11
12
MR. CAL: He doesn't have the foundation
for what he's heard?
Q. (BY MR. CAL) Go ahead and answer the
I~.:
"
13 Q. When was that? 13 question, please.
14 A. It is still ongoing, and that project 14 A. Specifically in relation to hostile, a I[
15 started in 2003. 15 certain individual?
Ii
16 Q. What's the role in that job of -- and 16 Q. Specifically how Sunrise Partners ~~.
17 that job, it's RK Enterprises that has a role in that 17 acquired the land for this development in 2003. ~~
:::
~:
18 job; is that right? 18 A. I'm not aware of the particulars about
19 A. No. 19 how Sunrise Partners acquired the land in 2003.
20 Q. Okay. Who has -- what's the relationship 20 Q. I'm not asking you for the particulars.
21 that Mr. Keys and Mr. Robinson have in that job? 21 I'm asking whether or not you've heard anything about
22 A. Robinson & Sons is a partner in Sunrise 22 how it acquired the land.
23 Partners, and Keys Family Partners is a partner in 23 A. I do not recall hearing anything about
24 Sunrise Partners as well as a couple minor interest 24 how it acquired the land.
25 people there. 25 O. Do you know anything about how it
17 (Pages 62 to 65)
a140fd45·f1 f8·4913·a4c8·ace8dd24d060
Page 66 Page 68 i
1
2
3
4
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
1
2
3
4
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
~
I
5 Sunrise Partners. I'm not aware of how Sunrise 5 not aware of. I don't know the particulars of his I
6 Partners acquired the property that has been 6 relationship there. I know that he is a partner in
7 developed. 7 that company. i:
8 Q. Do you know how Keys and Robinson became 8 Q. Now, does Robinson & Sons have any kind %~~
9 partners in Sunrise Partners? 9 of an ownership interest now in Mosier Development? j~
10
11
A. I know that --
MR. BERNSTEIN: I'm going to object,
10
11
A. No.
Q. Does RK Enterprises have any kind of
I
~;
12 Peter, to the entire lining of questioning. This is 12 ownership interest in Mosier Development? ~i
13 way beyond the purview of the 2004 exam. 13 A. Not that I'm aware of. ~!
14 MR. CAL: The relationships among the 14 Q. Are you aware of any type of an indirect
15 MAPI members are pretty important to this whole 15 or direct ownership interest that Mr. Robinson has in :~
16 dispute. So it's fair. 16 Mosier Development?
*
17 MR. BERNSTEIN: The relationships are 17 A. No.
18
19
20
fine, but when we're talking about some transaction --
MR. CAL: That's what I'm getting into.
MR. BERNSTEIN: -- a transaction that's
18
19
20
Q. You're not aware of any?
A. No.
Q. Okay. Do you know any other projects I
:::
21
22
23
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
21
22
23
where Mr. Keys and Mr. Robinson have coordinated?
A. The Resorts at Moses Point, Moses Lake,
Washington. I
24
25
attenuated to what a 2004 exam is about and what this
witness is here for.
24
25
Q. Tell me what you know about the role of
Mr. Keys and Mr. Robinson on that one.
~;=:.
Page 67 Page 69 1
~.
1 Q. (BY MR. CAL) What do you know about how 1 A. I'm happy to answer the question. Can 11
2 Mr. Keys and Mr. Robinson acquired the interests in 2 you be a little more specific with that one, because
3 Sunrise Partners? 3 the role is fairly broad.
4 A. I do not know how Mr. Keys acquired his 4 Q. I'd like you to give me that broad role
5 interest in Sunrise Partners. 5 and then we can try to narrow it down if I have to.
6 Q. How about Mr. Robinson? 6 A. Robinson & Sons is a member of Moses
7 A. Mr. Robinson was approached by Mr. Keys 7 Point Holdings, as is Keys Family Partners, as is RK
8 to be part of the project because of his development 8 Enterprises. There are other entities involved in
9 experience and construction ability. 9 that ownership structure. The role is Robinson & Sons
10 Q. Other than that, that pretty much 10 and Robinson Construction have been brought into the
11 summarizes what you know about it? 11 company to oversee development, engineering, and
12 A. Yes. 12 construction of streets. Keys has a role working with
13 Q. SO we have the -- I think you've referred 13 finance and has an obligation for personal guarantees
14 to Mosier; is that right? 14 within that company.
15 A. Yes. 15 Q. We've got Sunrise, Mosier Resorts at
16 Q. What do you know about the relationship 16 Moses Point. Are there any other developments that
17 that Mr. Keys and Mr. Robinson have on this Mosier 17 you are aware of where Mr. Keys and Mr. Robinson are
18 development? 18 both involved?
19 A. Robinson Construction was hired to do 19 A. A company called Hoodview Partners.
20 preliminary estimates -- cost estimates for an RV 20 Q. Tell me about Hoodview Partners.
21 ownership facility that was being proposed in Mosier. 21 A. Hoodview Partners owns a commercial lot
22 Q. Who were they hired by? 22 in Government Camp, Oregon.
23 A. Secured Lending. 23 Q. Any others?
24 Q. Does Mr. Keys have something to do with 24 A. Project in Mississippi, Tunica,
25 Secured Lendimr? 25 Mississiooi which is River Bend LLC.
18 (Pages 66 to 69)
a140fd45·f1 f8·4913·a4c8-ace8dd24d060
Page 70 Page 72
l~t
1 Q. Any others? 1 Development? ~1~
2 A. Project in Ogallala, Nebraska -- 2 A. Correct. I!
3 Q. Can you spell-- 3 Q. And RK Enterprises is a member in Oasis
4
5
6
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
4
5
6
Development?
A. Yes.
Q. SO that's -- who else are the members in
I
:~
7
8
city forme.
A. It might be wrong.
7
8
Oasis Development?
A. First State Bank Development or FSB I
9
10
11
Q. Do your best.
A. ()..g-a --
Q. Closer than mine, though.
9
10
11
Development.
Q. Okay. So Oasis Development is a member
in MAPI; is that correct?
I
12 A. O-g-a-I-I-a-I-I-a sounds about right. 12 A. Correct. I
13 Q. And what was the name of that? 13 Q. And RK Enterprises is a member of Oasis ~!
14
15
A. I'm not sure what the entity formed there
is. That is an ownership.
14
15
and FSB Development is a member in Oasis?
A. Correct.
I
16
17
Q. What's the project called?
A. Lake McConaughy Resort.
16
17
Q. Is anyone else a member in Oasis?
A. No.
I
s
*
18
19
Q. Any others?
A. Cascade Northwest Estates in Madras,
18
19
Q. I think I misspoke earlier when I defined
MAPI, so we should clear that up. When I refer to I
20 Oregon. 20 MAPI, I am referring to Mountain Adventure Property I:~
21 Q. Any others? 21 Investments, LLC. Is that your understanding that's a
22
23
A. There's some couple houseboats and couple
things like that.
22
23
proper full name of the company?
A. Yes.
I~~~.
24 Q. Are Mr. Keys and Mr. Robinson social 24 Q. Okay. So I had misspoken earlier. So *
~~.
25 friends? 25 now we've cleared that up; but whenever we've referred il
Page 71 Page 73 I!
~
1 A. Yes, they have been. 1 to MAPI, we're talking about the debtor in this ~:
tj
2 Q. Are they currently? 2 bankruptcy case here in Colorado, and that's Mountain
III
3 A. Yes. 3 Adventure Property Investments, LLC. Okay? ~~~.
4 Q. Okay. Now, this entity RK Enterprises, I 4 A. Okay. I'

~:
5 want to make sure I've got this right. RK Enterprises 5 Q. SO we've got Oasis Development and it's
6 has two members, Robinson & Sons and Keys Family 6 got two members. Is that RK Enterprises and FSB I
7 Partners? 7 Development? I
8 A. Uh-huh. 8 A. Yes.
I
~;
9 Q. Does RK Enterprises have an ownership 9 Q. Okay. Any other members that you know
10 interest of any sort in something called Colorado 10 of?
11 Oasis? 11 A. No.
12 A. Yes. 12 Q. Do you know who the members of FSB
13 Q. Tell me what ownership interest RK 13 Development are?
14 Enterprises has in Colorado Oasis. 14 A. I do not know the entities that make up
15 A. Colorado Oasis or Oasis? 15 the membership there. I'm aware of Paul Doughty and
16 Q. You know what, you might know more about 16 Don Anderson at least as the representatives of FSB
17 this than I do. Tell me what you know about Oasis or 17 Development. I'm not aware of their ownership
18 Colorado Oasis. 18 structure.
19 A. RK Enterprises has a membership in Oasis 19 Q. Okay. And does RK Enterprises have any
20 Development, which is a MAPI member. Colorado Oasis 20 sort of an ownership in FSB Development?
21 Development is one of the entities that was being 21 A. Not that I'm aware of.
22 formed in and around the MAPI and Colorado Oasis. 22 Q. How about Robinson & Sons?
23 There are several there. We would have to get 23 A. No.
24 everything out and defme all that. 24 Q. Do you know whether any of Mr. Keys'
25 O. Okay. But there's something called Oasis 25 entities have an ownershiD in FSB DeveloDment?
19 (Pages 70 to 73)
a140fd45·f1 f8·4913-a4c8-ace8dd24d060
Page 74 Page 76 :~
il
1 A. Not that I'm aware of. 1 Mr. Anderson or their entities. ~
2 Q. Do you know whether Mr. Keys has done 2 A. Pompano Beach, Florida, I'm unaware of ~.
3 other developments where he has used FSB Development 3 the ownership structure again.
4
5
or the other folks down in Oklahoma as partners?
MR. BERNSTEIN: Object to the form of
4
5
Q. Does RK Enterprises have some role in
Pompano Beach, Florida? I
ii
6
7
that question.
A. I'm not aware of any specific projects
6
7
A. Potentially, yes.
Q. How about Robinson Construction?
I
8
9
with the entity that you're mentioning.
Q. (BY MR. CAL) Okay. But there's a lot of
8
9
A. No.
Q. Okay. Any others than Blue Heron? I
~~.
~.
10 corporate structures here, so I might not know them 10 A. Seminole Bay, Florida.
11
12
all; but you're aware of other developments by
Mr. Keys?
11
12
Q. Who do you think has the involvement
there? I
A. I don't know them all either, Peter.
I
13 13 A. I'm sure that RK Enterprises is involved
14 Q. Tell me about the ones you do know where 14 there.
15 Mr. Keys and any of his entities are working together 15 Q. Each of these also involve FSB ~1 :
:::
16 on a project with Mr. Anderson or Mr. Doughty or any 16 Development or Mr. Anderson or Mr. Doughty?
17
~1
of their entities. 17 A. Yes. ~~.
18
19
20
A. A project called Blue Heron.
Q. Blue Heron, do you know where that is?
A. Alabama, I believe.
18
19
20
Q. And those are ongoing to this day?
A. As far as I know.
Q. SO they're working cooperatively on those
I
m
:~
21 Q. Does Robinson Construction have any role
I
21 projects today?
22 in that? 22 A. Vb-huh.
23 A. No. 23 Q. Okay. Any others?
24 Q. How about Robinson & Sons? 24 A. EAS Completions.
25 A. Only by virtue of being a member of RK
Page 75
25 Q. Where is that?
Page 77
II
i
1 Enterprises. 1 A. In Oklahoma.
2 Q. SO RK Enterprises does have an interest 2 Q. Any others? ~.
3 somehow in Blue Heron? 3 A. Don Anderson is involved in the River
4
5
A. Yes.
Q. Okay. And tell me what you know of the
4
5
Bend project as well that I mentioned earlier.
Q. Then that's a good idea. Let me go I
6
7
role that FSB or Doughty and Anderson have in that.
A. That may be a mistake on my side, too,
6
7
through all these and you tell me whether Don
Anderson, Paul Doughty, or FSB Development have a role
I
8 because I believe that Oasis Development is the member 8 in the following: Sunrise Heights?
9 in Blue Heron, so RK would be directly related through 9 A. No.
10 Oasis. So I apologize. Maybe I need to have you 10 Q. Mosier? I
11 respeak your last question. 11 A. No. ~
12 Q. That's okay. That tells me enough. So 12 Q. Resorts at Moses Point? \;j
~~~
13 I've got Blue Heron. Do you know of any other 13 A. No.
14 developments that this company Oasis Development is 14 Q. Hoodview? !!
15 A. No.
15
16
involved in?
A. As much as -- I'm sure that there 16 Q. River Bend? I
17 probably is one. Right now I do not recall 17 A. Yes.
18 specifically where Oasis Development is used as an 18 Q. Ogallala?
19 entity. 19 A. Not that I'm aware of.
20 Q. Tell me about other projects. Again, I 20 Q. Cascade Northwest Resorts?
21 don't want you to know the details. I just want to 21 A. No.
22 try to get them identified so I can look into them if 22 Q. We stopped at River Bend. Any others
23 I want to. Other developments that you're aware of 23 that you know of that we haven't talked about yet that
24 that involve some sort of -- that include the 24 involve both Mr. Keys and his entities as well as
25 involvement of Mr. Kevs and/or Mr. Doughtv and/or 25 Mr. Anderson, Mr. Doughty, and their entities?
20 (Pages 74 to 77)
a140fd45·f1 f8·4913-a4c8-ace8dd24d060
Page 78 Page 80 f
il
1 A. Not that I'm aware of. I'm drawing a 1 MR. BERNSlEIN: Discussions with who? ~
2 blank.
3 Q. Fair enough. When was the last time you
4 had any conversation with either -- let me start this
~
4
~: ~;~e;~~n~~~::::i~
acquisition ofVectra's position has been several
I
~
5 question over again. 5 months ago. Again, I'm going to be real scratchy on
6 When was the last time you had a 6 actual specifIcs. It was mostly related to an idea
7 conversation with Mr. Keys about the Hayden projects? 7 that was brought up. There was an idea also and we
8 A. I don't know. 8 were confronted about Don and Paul or one of their
~~::~~~~~~:;~;=~~;~~~:~~o~~~:~~~n
9 Q. Within the past year? 9
l O A . DefInitely within the last year. 10 ·.
,11
.,....
,1
11 Q. During 2oo8? 11 joining with one of their entities and acquiring .•

12 A. Actually, not that I'm aware of. 12 Vectra Bank's position. Out of that I don't know that
13 Q. Nothing in 2008 that you're aware of? 13 there was ever any resolve of those conversations.
14 A. No. 14 Q. Okay. So there were a number of
15 Q. Do you know whether Mr. Keys and 15 conversations concerning in one way or another an
16 Mr. Robinson have had any discussions in 2008 16 acquisition ofVectra's position?
1 7 concerning the Hayden development?
18 A. I know they have met together. I don't
19 know the content of their discussions.
~~
19
~: ~:~?
A. Yes, there's been a number of
I
t
~~ conv~~"7:::',:,.:~o~:l'::' about those
20 Q. Okay. When was the last time you know
21 that they met? I"
22 A. Within the last 30 days. 22 conversations. You think the most recent one you had ,
23 Q. Okay. When was the last time you had a 23 was 60 days ago with Mr. Doughty? ::
24 conversation with either --let's do it one at a time. 24 MR. BERNSlEIN: Peter, I am going to t
25 When was the last time you had a conversation with 25 object to that just on a -- I don't think any of this
Page 79 Page 81 I
1 Mr. Doughty concerning the Hayden projects? 1 is admissible if these conversations were in the
2 MR. BERNSlEIN: Peter, for clarifIcation, 2 nature of Rule 408 discussions. I don't know if they
3 you're referring to Hayden projects as Villages of 3 were or were not; but it sounds awfully like that to !:
4 Hayden or are you referring to all three projects? 4 me, that there was discussions among the parties about I:
5 Q. (BY MR. CAL) When I use the term "Hayden 5 potential settlement of the claims. I don't believe, %
6 projects," what I'm referring to specifIcally are the 6 if that's where this is going, any of that would be
7 Villages at Hayden, Mt. Harris at Grassy Creek, and 7 deemed admissible and I am going to object to that
8 Hidden Springs. And when I'm talking about just one 8 line of questioning.
9 of those specifIcally, I'll try to identify it 9 MR. CAL: Well, admissibility and subject
10 specifIcally; but when I refer to the Hayden projects, 10 to discovery are two different things.
11 I'm referring to all three. Okay. So my question is 11 MR. BERNSlEIN: I'm not certain.
12 when do you -- 12 MR. CAL: Rule 408 discussions are
I
~~.
~~ Subject~~~~~=ffi.
13 A. 60 to 90 days ago.
14 Q. SO sometime --
15 A. Sometime in 2008.
16
17
Q. What did you guys talk about?
A. Really the discussion -- I don't recall
~~ Peter C~;:;:~=:- That's a law according to I,
18 the specifIcs of each and every one of the 18 MR. CAL: Are you directing your witness
19 conversations, but really the discussions have been 19 not to answer?
20 trying to have an understanding of where each party 20 MR. BERNSlEIN: I'm putting you on notice
21 rnight be headed through this process, combinations of 21 that I'm concerned about this line of questioning. I
22 motions, you know. 22 may instruct him not to answer. I want to see where
23 Q. Have you had any discussions concerning 23 this is going.
24 the possibility of attempting to acquire Vectra's 24 MR. CAL: If you instruct him not to
25 Dosition? 2 5 answer. we'll reserve all remedies.
21 (Pages 78 to 81)
a140fd45·f1 f8·4913-a4c8-ace8dd24d060
Page 82 Page 84 l
1
2 Q.
MR. BERNSTEIN: That's fine.
(BY MR. CAL) Mr. Moisan, I'd like to
1
2
Q. And was there ever a discussion about the
validity of Robinson Construction's lien?
I
~.
3 talk to you about discussions you have had with the 3 A. No, there was not.
4 folks in Oklahoma since -- let's just start since 4 Q. No one has ever mentioned it?
5
6
7
8
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.
5
6
7
8
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
I
~.
9
10
11
Q. During those discussions, did any person
involved in the discussions say, This discussion is
subject to Rule 408?
9
10
11
Robinson's liens?
A. He has not.
Q. Since Robinson filed its liens, has
I
~
12 A. No. 12 Mr. Keys ever questioned the validity of its liens? ,
13 Q. Did anyone say, This discussion is a 13 A. Not that I'm aware of. ~1
Q. Since Robinson filed its liens, has
I
14 settlement discussion? 14
15 A. No. 15 Mr. Doughty ever questioned the validity of its liens?
16 Q. Okay. Tell me about the first -- we're 16 A. Not that I'm aware of.
17 going to do a break here. We're going to start with 17 Q. Have they ever indicated that Robinson's ~1
111
18 January 1,2008, and we're going to move forward, and 18 liens are actually in a second position behind Vectra? 1~
~:
19 try to tell me the best you can recall about 19 A. No, they have not. j~1
~~
20 discussions starting at January 1,2008, that you have 20 Q. Are you sure of that? :~
21
22
been involved with with Mr. Keys and Mr. Doughty and
Mr. Anderson or anyone of them concerning the MAPI
21
22
A. Yes, I am.
Q. Absolutely?
Ir:
:~
23 23 A. Yes, lam.
I
bankruptcy case.
24 A. Can I ask what was the date that MAPI 24 Q. Okay. I remember you told me that you
25 filed bankruptcy on just to try to ~et a reference 25 have never heard anyone say that Robinson Construction ~~.
Page 83 Page 85 1\
1~·
1 point here? 1 contributed subordinated debt in equity to MAPI?
2 Q. MAPI filed bankruptcy approximately 2 A. Yes.
3 January 26, 2008. And I could be slightly off on 3 Q. You've never heard that?
4 that. 4 A. I have not heard that.
5 A. That's what I thought. 5 (Deposition Exhibit 4 was marked.)
6 Q. But I would like you to go back to 6 Q. Show him this document, please. Now,
7 January 1,2008. So tell me about discussions 7 Mr. Moisan, have you ever seen this document before?
8 concerning MAPI that you've had with any of those 8 A. I have not seen this document before.
9 gentlemen from January 1, 2008, going forward. 9 Q. Have you ever seen any documents that
10 A. The discussions with those gentlemen from 10 were credit presentations to FSB Altus concerning the
11 January 1 on up until MAPI's bankruptcy application 11 Hayden projects?
12 were discussions about how to refmance or how to deal 12 A. I need that question repeated just
13 with the potential for the Sills group, who had been 13 because of the noise.
14 in charge of MAPI, filing bankruptcy on the eve of 14 Q. We're going to strike the last and we'll
15 the -- now, I might be mixing up 4S, but trying to 15 start over again. Have you ever seen any credit
16 figure out how to refmance and restructure the deal 16 presentations to FSB Altus concerning loans to MAPI
17 so we could get paid, all of us. 17 relating to the Hayden projects?
18 Q. Was the thought in one way or the other 18 A. Do you mean credit applications?
19 buying out the Sills group? 19 Q. Okay. Have you seen credit applications?
20 A. That is obviously one option that was 20 A. No, I have not.
21 contemplated. 21 Q. All right. This document they're calling
22 Q. Okay. And were there also contemplation 22 a credit presentation. Have you ever seen a credit
23 of buying out Vectra? 23 presentation?
24 A. That is also an option that was 24 A. I have not seen this document, and I
25 contemplated. 25 don't believe I've seen anv other documents.
22 (Pages 82 to 85)
a140fd45-f1 f8-4913-a4c8-ace8dd24d060
Page 86 Page 88 :'1
~)
1
2
3
4
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
1
2
3
4
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
II
5
6
7
MAPI relating to the Hayden projects?
A. No, I have not.
Q. Did you ever see any information that was
5
6
7
I don't know what the word is there -- "above the
equity already inherent in the raw land contributed by
4S Development."
i;::.
~~.
8
9
10
provided to Vectra Bank?
A. No, I did not.
Q. You never saw that?
8
9
10
Q. You never heard anything like that
before?
A. That is not a true statement. That is
I~.
11 A. No. 11 not Robinson's position on the $5 million. II
:~,
12 Q. Did you ever have any conversations with 12 Q. It's not Robinson's position, but you ~:j
~~~
::;
13 Mr. Anderson concerning using Vectra as a lender? 13 don't know whether Mr. Robinson ever made that
14 A. Mr. Anderson informed me, as well as the 14 statement or not, do you? i'
15 rest of the group, that he was pursuing fmancing from 15 A. I cannot speak to Mr. Robinson's ~
16 Vectra Bank. 16 statements that he makes. I"
17 Q. Okay. Did he ever tell you that he 17 Q. SO you're saying whoever provided this
18 wouldn't be able to get that fmancing ifVectra was 18 information to FSB Altus was lying?
19
20
21
in a position junior to Robinson on any liens?
A. No, he did not.
Q. Did he ever tell you that Vectra would
19
20
21
MR. BERNSTEIN: Objection.
A. I'm not making that speculation, Peter.
Q. (BY MR. CAL) Where do you think FSB
I :~
~j
22
23
not want to lend money if it was not in a frrst
position on the collateral?
22
23
Altus would have gotten this information?
A. FSB Altus created the document. I
;::
::;
24 A. No, he did not. 24 Q. Where do you think it got the i
25 Q. Take a look at this document and look 25 information? il
Page 87 Page 89;
~
1 specifically on the fourth page. Are you there? 1 MR. BERNSTEIN: Iobject. It calls for ~
2 A. Yes, I am. 2 speculation.
3
4
5
6
Q. You see where it says, "Robinson
Construction Company"?
A. Yes, I do.
Q. Read the last two sentences, please.
3
4
5
6
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
I
7
8
MR. BERNSTEIN: I'm going to object.
Hold on. I want to object to the form of this
7
8
anything to do with FSB Altus?
A. I don't know what his capacity is with
I
~~.
9 question. He's already testified he's never seen this 9 FSB Altus. il
10 document before. He is not familiar with the 10 Q. Do you know whether he has anything to do ~~
11 document. If you're asking him to read from it, he 11 with it?
12 needs an opportunity to review the entire document. 12 A. He's involved in FSB Development. I I
~,
13 It's not his document. He's not familiar with it. 13 don't know if he's involved in FSB Altus.
14 MR. CAL: If you want to ask him 14 Q. Do you know whether Mr. Doughty has II
15 follow-up questions -- 15 anything to do with FSB Altus?
16 MR. BERNSTEIN: I don't want to ask 16 A. Yes, he does.
17 follow-up questions. I'm making an objection so the 17 Q. He does. Mr. Doughty also has had some
18 witness has an opportunity to be treated fairly. And 18 involvement with MAPI, right?
19 the manner in which you're asking these questions, he 19 A. That is correct.
20 has a right to review a document that you're asking 20 Q. Mr. Doughty is a member of FSB
21 him to read a small portion out of that he has never 21 Development, correct?
22 seen before. 22 A. As far as I know he is, yes.
23 Q. (BY MR. CAL) Please read the last two 23 Q. Is Mr. Doughty the president of the bank?
24 sentences on page 4 of the document out loud, please. 24 A. Yes, he is.
25 A. "In consideration for $5 million in 25 Q. Do you know Mr. Doulrlltv to be an honest
23 (Pages 86 to 89)
a140fd45·f1 f8·4913·a4c8·ace8dd24d060
Page 90 Page 92 ,.
1
2
3
man?
question.
MR. BERNSTEIN: Object to form of the
1
2
3
Q. You see that this document was produced
to us by Robinson Construction, correct?
A. Yes.
I
4 A. I wouldn't have any reason to believe 4 Q. And it's an e-mail that Mr. Anderson
5 anything different. 5 circulated, correct?
6 Q. (BY MR. CAL) You have no reason to -- 6 A. Yes.
7 A. I don't know. 7 Q. It was circulated in September 2007,
8 Q. You have no reason to believe that 8 correct?
9 Mr. Doughty is a dishonest man, do you? 9 A. That's correct.
10 A. I do not have any reason to believe that 10 Q. You received it, correct?
11 he's a dishonest man. 11 A. Yes.
12 Q. How about Mr. Anderson? Any reason to 12 Q. Do you remember receiving it at the time?
13 believe Mr. Anderson is a dishonest man? 13 A. I will agree that we received it. Do I '•,,'.
14 MR. BERNSTEIN: Object to the form. This 14 specifically remember the day? N o . ,
15 witness is not going to sit here and vouch for the 15 Q. Let's forget about the actual day. Do !
16 honesty on dishonesty of people -- for these people. 16 you remember receiving spreadsheets from Mr. Anderson "
17 That's outside the scope of this. I'm going to 17 at or about this time? ~
18 instruct him not to answer the question. 18 A. Yeah, it was not uncommon.
19 MR. CAL: Okay. Please mark that. I'd 19 Q. Okay. What's this inter-creditor
20 like to -- we're going to come back to that. If we 20 agreement that's referenced in the attachments?
21 have to, we'll go to the Court. 21 A. I don't know what agreement it actually
22 MR. BERNSTEIN: That's fine with me. 22 is providing us here. It is a spreadsheet.
Q. Are you aware of discussions about an ~~~
23 Q. (BY MR. CAL) Are you aware of any 23
~: ~~~~:=~betweenRObinsonCon:::31
24 instance where Mr. Anderson lied to you?
25 A. I was told Robinson Construction was
Page 91
1 going to get paid. 1 A. I'm not aware of an actual inter-creditor

2 Q. SO you think he lied to you about that? 2 agreement that was created between Robinson
3 A. We aren't paid. We're sitting here. 3 Construction and FSB. ;i
1
a~~eO~i~~~~v:;:~~~~~:~~~a~~~
4 Q. Do you think he lied to you about that?
5 MR. BERNSTEIN: Object to the form of the : not I 'm I.,:',•..:•
6 question. These are highly inappropriate questions, 6 asking if you are aware of discussions between '
7 Peter, and you know it. 7 Robinson Construction and FSB Development about an ~jj
8 A. I do not know if he lied or not. 8 inter-creditor agreement.
9 Q. (BY MR. CAL) Is there any instance where 9 A. Our discussions were relating to the
l~ :::-:;f~ft~::<k::B:~;~ent
10 you know that Mr. Anderson lied to you about anything?
11 MR. BERNSTEIN: Object to the form.
12 A. Not that I'm aware of. ·.1
13 (Deposition Exhibit 5 was marked.)
14 Q. (BY MR. CAL) I'd like you to take a look 14 follows: "So we've established that you're not aware .
15 at just the first page of what's been identified as 15 that an actual agreement was created. I'm asking if
16 Exhibit 5. Do you see that? 16 you are aware of discussions between Robinson
17 A. Yes,ldo. 17 Construction and FSB Development about an
18 Q. Have you reviewed this document before? 18 inter-creditor agreement.")
19 I just want to focus on the first page right now. I'm 19 Q. (BY MR. CAL) I don't care about any
20 just trying to find out if you've seen this document 20 other discussions you had. I want to know now whether
21 before. 21 you're aware of discussions about an inter-creditor
22 A. You had forwarded it over to our counsel 22 agreement.
23 yesterday. 23 A. I do not remember specifically the term
24 Q. Okay. 24 for an inter-creditor agreement. If you have one, I
25 A. The day before. 25 would be happy to discuss it with you.
24 (Pages 90 to 93)
a140fd45-f1 f8-4913-a4c8-ace8dd24d060
Page 94 Page 96 Ii
1 Q. Did you ever speak with the folks at FSB 1 MR. BERNSTEIN: Object to the form.
2 Development about Robinson Construction and FSB 2 A. No.
3 Development coordinating as creditors of MAPI? 3 Q. (BY MR. CAL) Do you remember seeing
4 A. Robinson Construction was never -- 4 these spreadsheets back in 2007 where Mr. Anderson was ~
5 Q. It's a yes or no. You can say yes or no 5 putting Robinson Construction second and Vectra frrst? 1. .
6 and then we can follow up. Okay. 6 A. N o . ,
7 MR. CAL: Please read my last question to 7 Q. You don't remember these?
8 the witness. 8 A. They don't -- it's just a recap of what
9 (The question beginning on page 94, line 9 is owed at MAPI. To me that's all it means. It's not
10 1, was read back as follows: "Did you ever speak with 10 for me to decide whether Vectra is in first or we are
11 the folks at FSB Development about Robinson 11 in second or we're in first or Vectra is in second.
12 Construction and FSB Development coordinating as 12 The situation is Vectra was given credit for
13 creditors of MAPI?") 13 $2,252,000 on our construction contract and Robinson
14 A. No. 14 Construction was not paid the balance of $1,411,000.
15 Q. (BY MR. CAL) Take a look at the second 15 That's what this spreadsheet is telling me.
16 page of this document. Take a look at the top line. 16 (Deposition Exhibit 6 was marked.)
17 You see that where it says, "Villages of Hayden"? 17 Q. Okay. Mark this one, please. After
18 A. Yes. 18 you've had a chance to review what's been marked as
19 Q. And do you see it says, "Amount" and 19 Exhibit 6, let me know. Okay.
20 under the amount line it says $2,252,046.377 20 A. Okay.
21 A. Yes, I do. 21 Q. Have you seen this document before?
22 Q. And does it indicate that that position 22 A. Yes, I have. You're going to question me
23 belongs to Vectra? 23 on inter-creditor agreement.
24 MR. BERNSTEIN: Object to the form of the 24 Q. Do you remember seeing this document in
:u~~:~~::~:::m971
25 question. 25
Page 95
1 A. It indicates that Vectra is owed 1
2 $2,252,046.37. 2
3 Q. (BY MR. CAL) It indicates that that is 3
4 frrst, correct? 4 when you were going through the documents that were !
f
i
5 MR. BERNSTEIN: Object to the form. 5 going to be produced in response to the subpoena?
6 A. The document has Vectra listed in frrst
7 position.
6
7
ROb~onY~~~~~c~:~e that this was produced by
8 Q. (BY MR. CAL) Who is listed at second 8 Q. Okay. Take a look at the last page of
9 position? 9 the document. It's the third page. And, again, this
l O A . RobCon. 10 has that same spreadsheet that indicates that Vectra's
11 Q. SO after you received this document, did 11 position is frrst, correct?
12 you say, Jeez, Mr. Anderson, you have a mistake here? 12 A. It is the same spreadsheet, yes.
13 A. Not that I'm aware of. 13 Q. It indicates that Robinson's $1.4 million
14 Q. Never remember questioning him about this 14 claim is in second, correct?
15 document? 15 A. It's clearly the opinion of Don Anderson,
16 A. No. 16 yes, that is correct.
17 Q. You remember receiving spreadsheets from 17 Q. Has Don Anderson ever expressed that
18 Mr. Anderson where he was summarizing the positions of 18 opinion to you before?
19 various creditors, correct? 19 A. Not verbally.
20 A. This is one of probably several. 20 Q. Never had a meeting back in 2007 where
21 Q. Yeah. 21 Mr. Anderson was saying you were in second?
22 A. There's lots of spreadsheets. 22 A. What Mr. Anderson wanted was us to take a
23 Q. Did you ever see one circulated by 23 second position and do a deal where they could pay us
24 Mr. Anderson where Mr. Anderson put Vectra in second 24 out over the next whatever given time frame could be
25 position behind Robinson? 25 alrreed upon. This is one of several and manv
25 (Pages 94 to 97)
a140fd45-f1 f8-4913-a4c8-ace8dd24d060
Page 98 Page 100

1
2
agreements that you could probably consistently catch
me off guard on for a little while here. There are
1
2
relationship between RobCon and Robinson & Sons,
right?
I
3 also several from 4S trying to accomplish the same 3 A. I would agree with that statement. ~~~
~~~
•••
4 thing. These are merely recaps of what is owed to the 4 Q. Okay. But he's -- never mind. You must ~(
5
6
7
companies.
Q. Take a look at the second page of the
document. You see that?
5
6
7
have had some telephone calls and discussions
concerning these documents when Mr. Anderson was
circulating them; is that correct?
I
8 A. Ido. 8 A. Yes. I,
9 Q. You see it says, "Sum due to MAPI 9 Q. Did you take any notes? ;~~
:::
10 partners"? 10 A. No. ~1
11 A. That is correct. 11 Q. Pardon me?
12 Q. And RobCon is included in that group of 12 A. No. I
13
14
15
the sum due to MAPI partners?
A. It's clearly one other misconception that
Don Anderson is putting here in mistake, because
13
14
15
Q. Did Mr. Robinson participate in any of
these telephone conversations?
A. Not that I'm aware of.
I
:~
16 RobCon is not a member and never has been a member of 16 Q. Did you ever correct Mr. Anderson and I:
17 MAP!. 17 tell him, Don, you're wrong? ~
18 Q. Okay. Would you take a look down at 18 A. I have corrected Mr. Anderson on several i.,
I
19 No.2 over there. 19 things over the last couple of years, all of which I
20 A. Yes. 20 have no idea specifically which things.
21 Q. He says, "As you can see, it would take 21 Q. SO you've corrected -- ~:
22 about $16 million to buyout First State, RobCon and 22 A. There has been times I've corrected *III
23 Oasis contributions, at cost." 23 Mr. Anderson. :::
24 A. Yes. 24 Q. In September 2007 that would have been i\
25 Q. Does it appear to you that Mr. Anderson 25 pretty hij:!;h up on the list of priorities in terms of
1
2
Page 99
is saying that RobCon made a contribution to MAPI of
$5.1 million?
1
2
Page 101
whether or not Robinson & Sons was second to Vectra?
A. In September of 2007 Mr. Anderson was in
il
I
3 MR. BERNSTEIN: Objection as to form and 3 full agreement that Robinson Construction was owed ~;
4 foundation. 4 $5,187,000 and he was supportive of the construction
5
6 MAP!.
A. RobCon did not make a contribution to 5
6
liens that have been put in place.
Q. Did he ever tell you that he thought your I
7 MR. CAL: That's not what I'm asking you. 7 liens had priority over Vectra? ::
8 Would you read my question back to him. 8 MR. BERNSTEIN: Asked and answered.
9 (The last question was read back as 9 Object to the form.
10 follows: "Does it appear to you that Mr. Anderson is 10 A. I never asked.
11 saying that RobCon made a contribution to MAPI of $5.1 11 Q. (BY MR. CAL) Did he ever tell you that?
12 million?") 12 A. Not that I'm aware of.
13 MR. BERNSTEIN: Same objection, form, 13 Q. Other than in these documents here that
14 foundation. 14 he's circulated?
15 Q. (BY MR. CAL) Could you answer the 15 A. In the documents he's claiming we're in
16 question, please. 16 second position, not in first.
17 A. It appears to me that Mr. Anderson is not 17 (Deposition Exhibit 7 was marked.)
18 clear on the relationship of Robinson Construction and 18 Q. Let's take a look at the promissory note
19 MAP!. 19 now. After you've had an opportunity to review
20 Q. SO if he just said Robinson & Sons 20 Exhibit 7 sufficiently so you can identify it, let me
21 instead of Robinson Construction, would his statement 21 know.
22 have been accurate? 22 A. Okay.
23 A. Robinson & Sons did not make a $5 million 23 Q. What is this document?
24 contribution to MAP!. 24 A. This is a promissory note.
25 O. So he's confused about more than iust the 25 O. And is this the promissory note vou've
26 (Pages 98 to 101)
a140fd45·f1 f8·4913·a4c8·ace8dd24d060
Page 102 Page 104 • •

1 been testifying about this morning? 1 correct, in MAPI?
2 A. Yes, it is. 2 A. That is correct.
3 Q. And this is the promissory note that 3 Q. And 4S Development is the borrower,
4 served as -- that's dated August 2006, right, 4 correct?
5 August 17, 2006? 5 A. That is correct.
6 A. That's correct. 6 Q. SO this means Robinson & Sons is lending
7 Q. And this is the one that represented the 7 $5 million to 4S Development?
8 payment for the fIrst three pay applications? 8 MR. BERNSTEIN: Objection as to form.
9 A. That is correct. 9 A. It does not mean that Robinson & Sons is
10 MR. BERNSTEIN: Object to the form and 10 lending $5 million to 4S Development.
11 foundation of that question. 11 Q. (BY MR. CAL) What does it mean?
12 A. It does not represent payment for the 12 A. This is an acknowledgement of $5 million
13 fIrst three pay applications. 13 worth of debt based on contracts -- construction!
14 Q. (BY MR. CAL) Before your lawyer objected 14 contracts with 4S Development. I
15 your answer was "that is correct," right? 15 Q. That's all it is? It's just an ••
16 MR. BERNSTEIN: I had an opportunity to 16 acknowledgement?!
~~ objec~~1i;~~e~AL) Before your lawyer

19 objected, your answer was "that is correct"; isn't 19
~~ seco~m~~;~g:t~~~:~~:; ~~:e~e;~o~.
Q. Why didn't you ever get the second
::t i
:,.•~
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 I
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 .• ,1
,1.,1.'..
24 acknowledgement of $5 million worth of debt to 24 forward, entities were created. A promissory note is ,
- -"'------11
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Page 103 Page 105 ~
1 to Robinson & Sons, which was not really of effect to 1 Q.

In fact, if a deed of trust had been put 1~
2 us because we were more concerned that a Robinson 2 in place, the lender would have -- the borrower who II
3 entity was being recognized as owed $5 million. 3 provided the financing in September 2006 would have :1
4 Q. SO for simply getting recognition that 4 known about it, correct?
;::.
:~
;~
5 you're owed $5 million, you executed a promissory 5 MR. BERNSTEIN: Objection as to form. 1~
6 note? 6 A. I'm not sure that I can answer that. I ~}
7 MR. BERNSTEIN: Objection as to form and 7 don't know what would have happened if a deed of trust ~.
8 foundation. He didn't execute the promissory note. 8 would have been put in place.
9 A. I did not execute the promissory note, 9 Q. (BY MR. CAL) Did Robinson & Sons ever
10 nor did I create it. 10 disclose this promissory note to Vectra Bank?
11 Q. (BY MR. CAL) You didn't create this 11 A. We were never asked to disclose anything
12 document? 12 to Vectra Bank.
13 A. I did not create that document. 13 Q. Did Robinson Construction ever disclose
14 Q. Do you know who created the document? 14 this promissory note to Vectra Bank?
15 A. Paul Doughty. 15 A. We were never asked to disclose anything
16 Q. And what was the purpose for Mr. Doughty 16 to Vectra Bank that I'm aware of.
17 creating this document? 17 Q. Do you know whether any member of MAPI
18 A. We were threatening to stop work. 18 ever disclosed this promissory note to Vectra Bank?
19 Q. And this was created so that you would 19 A. Not that I'm aware of.
20 keep working? 20 Q. When were the documents in place that
21 A. That is correct. 21 negated the need for the note?
22 Q. And it didn't matter -- do you see where 22 MR. BERNSTEIN: Object to the form of the
23 it says the lender here is Robinson & Sons, LLC? 23 question.
24 A. I see that. 24 A. I'm not sure I understand the question
25 O. And Robinson & Sons is the member 25 actuallv. Peter.
27 (Pages 102 to 105)

a140fd45·f1 f8·4913·a4c8·ace8dd24d060
Page 106 Page 108 ~
1
2
Q. (BY MR. CAL) Wasn't that part of your
answer just a couple questions ago?
1
2
unhappy,apparently?
MR. BERNSlEIN: Objection to the form.::
I
3 A. Can I have it repeated back. 3 A. It was never carried out. The note was I,
4 (The answer beginning on page 104, line 4 never completed. We never did get anything. We did .
ili
5 21, was read back as follows: "It was never necessary 5 not get a second trust deed.
6 because subsequent to this document, in September 6 Q. (BY MR. CAL) Did you try?
7 fmancing was put in place, documents were signed, 7 A. Three times.
8 project kept moving forward, entities were created. A 8 Q. What happened?
9 promissory note is not necessarily meaningful then.") 9 A. It was never recorded, never signed.
10 Q. SO what was put in place and when was it 10 Q. Why not?
11 put in place? 11 A. You would have to ask Don Anderson that.
12 A. For starters, the operating agreement for 12 I don't know why not.
13 MAP!. That's a good start. 13 Q. When was the frrst time you asked?
14 Q. When was that signed? 14 A. Sometime about the same time that the
15 A. Late September. 15 Vectra Bank loan took place.
16 Q. Okay. Anything else? 16 Q. When was the second time you asked?
17 A. The Vectra Bank loan was in place and we 17 A. It was later in the year.
18 were submitting for draws and had started to get 18 Q. Laterin2006?
19 communication of how we were going to be paid. 19 A. Potentially beginning of 2007. I would
20 Q. Anything else? 20 have to look.
21 A. That sums it up, really. 21 Q. When was the third time you asked?
22 Q. You see on this note in the middle 22 A. When we didn't get paid on June 1,2007.
23 there's a place that refers to additional terms? 23 Q. SO why would you ask later in the year in
24 A. Yes. 24 2006 if your prior testimony was it wasn't necessary
25 Q. And it says, "2nd mort~a~e on Routte 25 anymore?
Page 107 Page 109 ~
1 County Villages of Hayden project minus 42 acres"? 1 A. Because there was another issue in the Ii
2 A. Yes. 2 MAPI agreements that was not being followed through
3 Q. Do you know what 42 acres this note is 3 with.
4 talking about? 4 Q. Which issue was that?
5 A. The 42 acres that Lake Villages, 5 A. The original memorandum of understanding
6 ftling 1, phase 1 of Villages of Hayden was built on. 6 was turned into a unit purchase agreement and involved
7 Q. That's the 42 acres where Vectra has its 7 in that unit purchase agreement is what laid out the
8 deed of trust? 8 responsibilities of all of the parties. And some of
9 A. That is correct. 9 those responsibilities were that 4S would contribute
10 Q. Doesn't this indicate to you that 10 their land into MAPI and they were not signing the
11 Robinson & Sons and Robinson Construction were not 11 unit purchase agreement. It had never been executed.
12 supposed to be asserting liens on the 42 acres where 12 Q. SO what's that got to do with whether or
13 Vectra has its deed of trust? 13 not you have a deed on a second position on the Routt
14 MR. BERNSlEIN: Object to the form. 14 County Villages of Hayden project minus 42 acres?
15 A. Answer is no. 15 A. Because Robinson & Sons' percentage of
16 Q. (BY MR. CAL) Why not? 16 ownership in MAPI ultimately would have been a
17 A. Because the purpose of the note was to 17 percentage of ownership in that property and the
18 get an acknowledgement that there was debt owed and 18 property now had not been contributed.
19 that there was a responsibility for payment. 19 Q. Do you know whether Robinson & Sons has
20 Q. What was the purpose of the additional 20 its own financial statements?
21 term? 21 A. Yes, it does.
22 A. I didn't put it on there. I didn't 22 Q. Who prepares those financial statements?
23 create the note. They're trying to make us happy so 23 A. Van Beek & Company.
24 we would continue work. 24 Q. Have you ever looked at those financial
25 O. Well the additional term didn't make you 25 statements?
28 (Pages 106 to 109)

a140fd45·f1 f8·4913·a4c8·ace8dd24d060
Page 110 Page 112 *

~:
1 A. Yes, I have. 1 time where you worked on behalf of Robinson & Sons i
2 Q. How do they reflect Robinson & Sons' 2 reflected in any time records?
3 position in MAPI? 3 A. Not that I recall.
4 A. At this point they do not. 4 Q. Did you allocate the time you worked for
5 Q. How about back in 2oo6? 5 Robinson Construction from the time you worked for
6 A. I take that back. At this point they 6 Robinson & Sons?
7 don't reflect any of the property. We received a K-l 7 A. Yes.
8 tax information from MAP!. However, MAPI has never 8 Q. How?
9 completed full tax returns for all of the 9 A. I allocate my time through phase codes
10
11
transactions, unless there's one here recently. We
don't have a K-I that reflects some of this activity.
10
11
and job numbers within the company.
Q. SO your timecards have those phase codes? I
12
13
Q. Well, that's very interesting.
appreciate your telling me that.
I 12
13
A. Yes.
Q. And those phase codes will tell you which
I
14 MR. CAL: I would note, Mr. Bernstein, 14 work is for Robinson & Sons and which work is for
15 that I don't recall receiving any tax returns or K-ls, 15 Robinson Construction?
16 so we'll request those. 16 A. Yes.
17 Q. (BY MR. CAL) Now, the question I asked 17 Q. And would the time that you spent for
18 you, sir, is how is Robinson & Sons -- 18 Robinson & Sons be included in any of the payment
19 MR. CAL: Could you read back the 19 applications for Robinson Construction?
20 question I asked him, please. 20 A. Potentially some of it, because I did
21 (The question beginning on page 110, line 21 have responsibilities with Robinson Construction as
22 2, was read back as follows: "How do they reflect 22 well.
23 Robinson & Sons' position in MAPI?") 23 Q. I thought you said you would have had
24
25
Q. (BY MR. CAL) How do the Robinson & Sons 24
financial statements prepared by VanBeek & Company 25
Page 111
some sort of code that would have told you what was
RobinsonConstrnction time and what was ~:::o:,~ I
1 reflect Robinson & Sons' position in MAPI? 1 Sons time?
2 A. 15.4 percent. 2 A. Correct.
3 Q. Pardon me? 3 Q. And that code -- what's the code that
~;~!f?:;E~:;:':~~::or I
4 A. 15.4 percent ownership. 4
5 Q. It doesn't attempt to reflect any sort of 5
6 capital contribution made by Robinson & Sons? 6
7 A. No, it does not. 7
:7:::
8 Q. It doesn't. Does it attempt to quantify 8 Q. The job number for Hidden -- the job i!
9
10
11
12
what the value of that interest is?
A. No, it does not.
Q. What was the capital contribution that
Robinson & Sons made into MAPI?
9
10
11
12
nomr~;!~:~:.::~::
would we have to look at to figure out whether or not
I
~
13 A. Capital contribution from Robinson & Sons 13 you were working for Robinson Construction or Robinson I
was sweat equity. Robinson & Sons was brought in for 14 &~~ ~
I
14
~ro~~~~%=I~2~~
15 development expertise and construction management 15
16 experience. 16
17 Q. And in exchange for that sweat equity, it 17
18 received roughly 15 percent ownership interest in 18 A. I'm kind of stuck on that.
19 MAPI; is that right? 19 Q. I want you to remember the ones for
20 A. That is correct. 20 Villages at Hayden, 801. Right now you can't
21 Q. Tell me specifically, like how much time 21 remember?
22 did Robinson & Sons put in for all this sweat equity? 22 A. I'd have to look at them, Peter.
23 A. That would have been my time that was 23 Q. When you got paid, did you receive a
24 spent on the project on behalf of Robinson & Sons. 24 paycheck from Robinson & Sons?
25 O. Did vou make anv attemot to have your 25 A. No.
29 (Pages 110 to 113)

a140fd45-f1 f8·4913·a4c8·ace8dd24d060
Page 114 Page 1161

1 Q. You received a paycheck from Robinson 1 A. Potentially.
2 Construction? 2 Q. Okay. I don't think any of yours do.
3 A. That is correct. 3 A. Okay. I'd have to look at them.
4 Q. And did the accountants make some sort of 4 Q. Okay. Maybe we'll get a chance this
5 adjustments internally on records to reflect what you 5 afternoon.
6 had done for Robinson Construction and what was done 6 MR. GRAGG: Is that a logical point to
7 for Robinson & Sons? 7 take a break for lunch?
8 A. No. Robinson & Sons wouldn't be billed 8 MR. CAL: Would you like to take a break?
9 from Robinson Construction. 9 MR. GRAGG: We'll make ourselves
10 Q. SO Robinson Construction would have an 10 available.
11 accounting entry where it would be -- where it would 11 MR. CAL: How much time do you want for .:
12 bill Robinson & Sons for the time you worked for 12 lunch?
13 Robinson & Sons? 13 MR. GRAGG: I don't know. Take the usual
14 A. Yeah. It's not uncommon for Robinson 14 hour.
15 Construction to bill Robinson & Sons for time. It's 15 (Recess taken, 12:04 p.m. to 1:10 p.m.)
16 not uncommon just to get time cast off to overhead or 16 Q. (BY MR. CAL) Mr. Moisan, you ready?
17 specific other job numbers in there for my time. 17 A. Yes.
18 Q. Well, whether or not it's uncommon, what 18 Q. You're still under oath, sir, you
19 I'm asking is on Villages of Hayden, filing 1, job 19 understand?
20 No. 696 do you know whether there's time entries -- do 20 A. I understand.
21 you know whether there are accounting records by which 21 Q. This morning we looked at a couple of
22
23
24
25
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?
22
23
24
25
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
II
~:
1
Page 115
A. I would have to look. I know that the 1
Page 117
your review of the attachments, you did not believe
I
2 descriptions of what I was doing was on my timecards 2 that Mr. Anderson informed the roles of Robinson
3 and I would have to look to accurately answer that 3 Construction and Robinson & Sons in the project; is
4 question. 4 that correct?
5 Q. SO if your timecards are filled out 5 A. That is correct.
6 correctly, there's going to be some sort of 801 code 6 Q. Tell us please the role -- the relative
7 that we could look at to see which time was for 7 roles of Robinson & Sons and Robinson Construction in
8 Robinson & Sons and which time was for Robinson 8 the projects.
9 Construction? 9 A. Robinson Construction was purely the
10 A. And/or a description of who or what I was 10 contracted company for the purposes of building
11 doing during the time that was on that timecard. 11 infrastructure and streets on the three projects.
12 Q. SO now we also have to look at the 12 Robinson & Sons is an investment vehicle for Randy
13 description? And would someone in accounting know 13 Robinson and his family to make investments in
14 whether or not this description is something you did 14 long-term projects.
15 for Robinson & Sons or something you did for Robinson 15 Q. And that was the role on this project up
16 Construction? 16 in Hayden also; is that correct?
17 MR. BERNSTEIN: Object to the form. 17 A. Robinson & Sons' role, yes, it would be a
18 A. They would have to read it. 18 long-term member of the group for Randy Robinson's
19 Q. (BY MR. CAL) And what type of work would 19 family.
20 they know should go to Robinson Construction and what 20 Q. What was Robinson Construction's role?
21 type of work would they know should go to Robinson & 21 A. Just contractor.
22 Sons? 22 Q. You know, in minutes of the meetings of
23 MR. BERNSlEIN: Object to form. 23 MAPI and Mr. Anderson's e-mail, I mean, rarely do I
24 Q. (BY MR. CAL) Would it say this is 24 see reference to Robinson & Sons. The references are
25 Robinson & Sons? 25 always to Robinson Construction.
30 (Pages 114 to 117)

a140fd45-f1 f8-4913-a4c8-ace8dd24d060
Page 118 Page 120;

1 A. Uh-huh. lowed Robinson Construction $5,181,000. There was no I
2
3
Q. During the time you participated, did you
ever correct anyone and tell them that they were
2 correction needed.
3 Q. In the e-mails that we are talking about,
I;,
4 misspeaking when they referred to Robinson 4 the e-mails of September 2007 with the attachments -- j
5 Construction, when they should have been referring to 5 you remember which ones I'm talking about, right? You I
6 Robinson & Sons as the member? 6 want to take a look at them? Why don't we start with II
7 MR. BERNSTEIN: Object to the form. 7 Exhibit 5. Why don't you get Exhibit 5 in front of "-
8 A. Robinson Construction is who is owed 8
you. *~
9 $5 million. So that is obviously the company that it 9 A. Okay. i'
10 has in the topics. 10 Q. When you looked at Exhibit 5 this morning !:
~~ :£~E:i;~~=~:~~~1
11 Q. (BY MR. CAL) I understand that, but what
12 my question to you was is, did you ever correct anyone
13 when they misspoke and referred to Robinson .,:1.1:
.•
14 Construction instead of Robinson & Sons? 14 A. That is what I said. ;:

15 A. Yes. 15 Q. And that's based on what on the
16 Q. Okay. Tell me about that. 16 attachment that is incorrect?
17 A. During the formation of MAPI and the 17 A. I don't believe that that statement was
18 beginning structures of this company -- of the 18 made because of this attachment.
19 Colorado companies, I was very clear that Robinson & 19 Q. SO is this attachment correct then?
20 Sons was the member of the new entities, Robinson 20 A. With respect to what?
21 Construction was the contractor involved in the 21 Q. Take a look at Exhibit 6 then. Okay. Is
22 project. Although I don't recall specific dates and 22 this the one where there's a mistake?
23 times, that was defInitely spelled out. 23 A. Robinson Construction on this document is
24 Q. Did you at sometime receive minutes of 24 referred to as partner, which is not correct.
25 meetings held by MAPI? 25 Q. And the partner should be who? Who
Page 119 Page 121 il
~.
:::
1 A. Not until June of 2007. 1 should it?
2 Q. Okay. Beginning in June of 2007, when 2 A. The title of this is Summary of Due to:
3 references were made to Robinson Construction where it 3 Loans. Robinson Construction is clearly owed
4 should have been to Robinson & Sons, did you ever 4 $5,181,572. In this memo that is not incorrect.
5 request a correction to the minutes? 5 Q. SO Robinson Construction should be in the
6 A. What references? 6 lower box; is that what you're saying?
7 Q. Do you remember references in the minutes 7 MR. BERNSTEIN: Object to the form on
8 to Robinson Construction when it should have been 8 that.
9 referred to as the member, Robinson & Sons? 9 A. I didn't create the box.
l O A . No. I'll definitely answer whatever 10 Q. (BY MR. CAL) You see --
11 references -- or to whatever references you want to 11 A. I don't know what Don Anderson is trying
12 speak about. 12 to do here.
13 Q. No. I want to ask you -- okay. I'm 13 Q. Did you testify this morning that
14 asking you about times when you made corrections for 14 Mr. Anderson -- based on looking at this chart, you
15 when the reference should have been to Robinson & 15 said Mr. Anderson didn't understand the role of
16 Sons, and you're telling me about those times, right? 16 Robinson Construction, right?
17 MR. BERNSTEIN: Objection to the form. 17 A. Based on the fact that here it says, "Sum I
A. I'm not saying that there are any times
~~~:~=;. Partners," and Robinson Construction is
18 18
19 from June 30, 2007, because I don't have the documents 19 ·.,·.,:,1
2 0 in front of me; but if you're speaking to a specific 20 Q. Did you correct Mr. Anderson? .
2 1 reference, I will definitely speak to that. 21 A. I didn't respond to this.
22 Q. (BY MR. CAL) Right now I'm not speaking 22 Q. Did you ever have a call with him about
23 to a specific reference. Did you correct Mr. Anderson 23 it?
24 in September 2oo?? 24 A. There's a lot of calls.
25 A. In 2007 Mr. Anderson acknowledged that he 25 O. This memo would have corne UP in a
31 (Pages 118 to 121)

a140fd45·f1 f8·4913-a4c8-ace8dd24d060
Page 122 Page 124 "

1 discussion, right? 1 Q. Do you recognize the handwriting? *
2 A. This memo is an acknowledgement of debt. 2 A. Yes.
3 Q. Okay. I'd like you to answer the 3 Q. Whose handwriting is that?
4 questions I'm asking you. I didn't ask you whether 4 A. That is my handwriting.
5 this memo is an acknowledgement of debt, but did you 5 Q. SO you wrote "promissory note" on the
6 have conversations with Mr. Anderson concerning the 6 document; is that correct?
: ool!~~:~~~~=~~~~:~rd I
7 facts reflected in this memo?
8 A. I'm sure that we had conversations about
9 this memo.
10 Q. Did you tell Mr. Anderson that he was 10 "acknowledgement" on the document? II
11 incorrect in listing Robinson Construction as a 11 A. No, it is not. Is there a deed of trust
12 partner? 12 put in place on this? Is it executed?
13 A. No, I did not. 13 Q. I guess didn't your lawyers prepare you
14 Q. Did you tell Mr. Anderson that he was 14 for this examination?
15 incorrect in referring to Robinson Construction as 15 A. Yes, they did.
16 having made a contribution to MAPI? 16 MR. GRAGG: Don't answer.
17 A. No, I did not. Is this a binding 17 Q. (BY MR. CAL) Did your lawyer explain to
18 document? 18 you who gets to ask the questions and who answers
19 Q. Now, I'd also like to talk some about 19 them?
20 what happened after the promissory note was executed 20 MR. BERNSlEIN: Objection, don't answer
21 and the fmancing from Vectra was obtained. Based on 21 that question.
22 the execution of the promissory note and based on 22 Q. (BY MR. CAL) Got testy over lunch, d i d l
~: YOU?~:::~s=:Th~eoo=n~~~::251
23 fmancing being obtained from Vectra, Robinson
24 Construction decided to continue to work, correct?
25 A. Based on an acknowledgement of $5 million
Page 123
1 due to Robinson Construction, Robinson Construction
2 continued work. 2 ad hominem comments you're throwing out at the
3 Q. Okay. This document that says 3 witness, Peter, are inappropriate. If they continue,
4 "promissory note" on it, would you like it better if 4 we can do this in front of the judge at some later
5 it said "acknowledgement" on it? 5 date.
6 MR. BERNSlEIN: Objection as to form. 6 MR. CAL: Would you mark these two
7 A. I'm not going to answer what I would like 7 documents.
8 better. I don't know what I would like better. 8 MR. GRAGG: November 14 is eight?
9 Q. (BY MR. CAL) Did you try to get a deed 9 MR. CAL: Yes.
10 of trust for an acknowledgement? 10 MR. GRAGG: 3/8/07 is nine.
11 MR. BERNSlEIN: Objection as to form. 11 MR. CAL: Yes.
12 A. Is that not what a deed of trust is? 12 (Deposition Exhibits 8and9 were marked.)
13 Q. (BY MR. CAL) Well,lookatExhibit7. 13 Q. (BY MR. CAL) Let's begin with Exhibit 8,
14 Okay. 14 Mr. Moisan. Have you seen this document before today?
15 A. Deed of trust is somebody acknowledging 15 A. I'm familiar with the invoice, not the
16 that they owe money, right? 16 breakdown.
17 Q. It's more than that. 17 Q. SO you say you're familiar with the
18 A. Okay. 18 invoice. Does that mean you have seen this document
19 Q. Look at Exhibit 7. 19 before today?
20 A. Okay. 20 A. Yes.
21 Q. You see where it says, "Promissory 21 Q. Okay. When you say you're not familiar
22 note"-- 22 with the breakdown, you mean the itemization of the
23 A. Yes. 23 interest?
24 Q. -- in handwriting? 24 A. Yes.
25 A. Db-huh. 25 . O. What's this invoice represent?
32 (Pages 122 to 125)

a140fd45-f1 f8-4913-a4c8-ace8dd24d060
128
1 A. This invoice represents interest 00 Page 126 1 recalI going after what was to he a second rn:g:f 1
2 $5 million. 2 trust and an executed agreement as part of my job. '
3 Q. Is Robinson expecting to be paid for this 3 Q. Now, were you aware that this promissory ~'": ;
4 invoice? 4 note indicates that there is 0 percent interest until
5 A. At the time that we billed it, yes. 5 maturity? ••
~ Coos~!~~i~':=~=~poo?
9 Q. That's the promissory note you're
~ say~,,2:.~~:;;/
9
it
A Right
says that right where I
."
1 0 referring to, Exhibit 7? 10 Q: It say~, "I agree to pay interest on the Ii
11 A. The unexecuted promissory note, yes. 11outstanding principal balance from August 17, 2006, at I
12 Q. You say "the unexecuted promissory note." 12the rate of 0 percent per year until June 30, 2007." t
13 Do you know whether there's a promissory note that 13Do you see that? I
14 Mr. Robinson signed? 14 A. Yes. ~]
15 A. No. 15 Q. SO what's the basis for sending an j;
16 Q. You know or you don't know? 16invoice in November of 2006 that charges interest on i
17 A. Maybe I should have the question repeated 17the $5 million?
18 back. 18 MR. BERNSTEIN: Objection as to
19 Q. Did Mr. Robinson ever sign this 19foundation.
20 promissory note? 20 A. We had construction contracts that allow
21 A. No. 21for interest in place on the project.
22 Q. He did not. Why not? 22 Q. (BY MR. CAL) What's the rate of interest
23 MR. BERNSTEIN: Objection as to form. 23in the construction contracts?
24 A. I can't speak for Randy on that. 24 A. We would have to verify by looking at
25 Q. (BY MR. CAL)
1-----.;:,;....~ _'__Did you ever speak
_At. 'O";'.;.;.....with _+---.:.--.;...;..-------&.----------_1;.
25one, but I believe it's 12 percent.
Page 127 Page 1291;
1 Mr. Robinson about this promissory note? Q. SO you have a promissory note -- I want
1
2 A. Yes. to make sure I understand. You have a promissory note
2 ;1
3 Q. What did you speak with him about? that you refer to as an acknowledgement of a debt
3 ~;
4 A. I don't recall the specific conversation, that's owed to you and based on the acknowledgement
4
5 but I explained to him the manner in which it was you were willing to continue to go forward and keep
5
6 presented at the meeting and it's what we had. It's working, correct?
6
7 what we were getting back from them in answer to how A. Uh-huh. Yes.
7
8 they were going to pay the debt. Q. And the promissory note says you're not
8
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 Q. Did he tell you to try to go get that 13 interest for Robinson Construction under the
14 second deed of trust? 14 construction contracts; is that right?
15 MR. BERNSTEIN: Objection as to form, 15 MR. BERNSTEIN: Object to the form of
16 asked and answered. 16 that question. I would ask counsel to rephrase it.
17 A. I don't recall that specific 17 A. No, we didn't playa shell game. Can you
18 conversation. 18 please rephrase the question.
19 Q. (BY MR. CAL) You told us that you tried 19 Q. (BY MR. CAL) You've been well-coached.
2 0 to get the deed of trust signed three different times, 20 MR. BERNSTEIN: I object to that comment.
21 right? 21 Why don't you ask a question.
22 A. I did. 22 MR. CAL: Your objections are to form and
23 Q. Was that at Mr. Robinson's direction? 23 foundation and limit it to that, Mr. Bernstein.
24 A. I don't recall a specific conversation 24 MR. BERNSTEIN: Don't tell me what to do.
25 between Randv and I where he wanted me to !let that. I 25 O. (BY MR. CAL) Whv did vou char!le interest
33 (Pages 126 to 129)
a140fd45-f1 f8-4913-a4c8-ace8dd24d060
Page 130 Page 132 %
1 in November of 2006 when the note indicated that there 1 Q. Sir, I'm referring to the prior answer I
2 should be no interest? 2 that you gave immediately before my question that was I
3 A. Because the note was never completed and 3 just reread to you. I:
4 between the time of the note there was an operating 4 A. The construction contract. ~
5 agreement that was executed between all partners in 5 Q. SO your testimony that the :
6 MAP!. There was also an advancement of money that was 6 construction -- you said it was decided that the lj
~ ~~~~~:~~~~:::o:;~ ~~~~~~~:~e:::~~
7 being made against the construction contracts for
8
9
10
11
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
9 testimony.
l O A . Yes, the construction contracts were the
11 valid agreements in place.
,
jl
12 contracts, because the other parties were not ~~ Place~' Were there any other valid agreements in ji
13 following through with what they had agreed to do on a
14
15
16
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.
H 2: ~~=':;:=~ valid? I
H:ee~;:~~~F.~:::=£~? ·
17
18 Q. SO in November 2006, according to you,
19 the only valid contract is the construction
20 agreements; is that correct? 20 MR. BERNSTEIN: I'm going to object t o .
,i,ii,"I.
21 MR. BERNSTEIN: Objection to the form. 21 the form of the question. Calls for a legal
22 A. I need to hear that again. Repeat that. 2 2 conclusion.
23 MR. CAL: Read his answer and then my 23 Q. (BY MR. CAL) Would you answer the
24 question, please. 24 question, please.
25 (The testimony on page 130, lines 3 25 A. The other a1Ueements that were pending
Page 131 Page 133 ~
;
1 through 20, was read back as follows: 1 were not executed at that time.
2 Answer: "Because the note was never 2 Q. SO you don't view those as valid; is that
3 completed and between the time of the note there was 3 correct?
4 an operating agreement that was executed between all 4 A. That is correct.
5 partners in MAP!. There was also an advancement of 5 Q. But the only one who hadn't executed the
6 money that was being made against the construction 6 promissory note was Mr. Robinson, right?
7 contracts for amounts due. And the unit purchase 7 A. Mr. Robinson did not execute the
8 agreement had not been executed for the company, and 8 promissory note.
9 at that point in time it was decided that the only 9 Q. But it was executed by the other parties
10 real valid agreement, once again, was back to the 10 to it, right?
11 construction contracts, because the other parties were 11 A. No, because they never provided a fIrst
12 not following through with what they had agreed to do 12 trust deed or second trust deed as mentioned in the
13 on a memorandum of understanding on March 21,2006. 13 promissory note.
14 There's a lot more going on than just the promissory 14 Q. And those were what you kept on trying to
15 note at the point in time that you are accusing us of 15 get, right?
16 playing shell games." 16 A. That is correct.
17 Question: "So in November 2006, 17 Q. And you understood -- okay. So the
18 according to you, the only valid contract is the 18 $5 million that you charged in interest, who decided
19 construction agreements; is that correct?") 19 what interest rate to use?
20 Q. (BY MR. CAL) The question is pending, 20 A. I believe in this case Randy Robinson
21 Mr. Moisan. 21 decided what the interest was.
22 A. Can you clarify what you're pertaining 22 Q. SO he got to decide whatever he wanted?
23 to? Are you talking about just the construction 23 MR. BERNSTEIN: Object to the form.
24 project or are you talking about the whole entire 24 Q. (BY MR. CAL) Where did he pull
25 entitv? 25 10 percent from? Do vou know where he !lot the
34 (Pages 130 to 133)
a140fd45-f1 f8-4913-a4c8-ace8dd24d060
1 10 percent from?
Page 134
1 the question, sir?

Page 136'
,
2 A. No. 2 A. Promissory note was never executed,
3 Q. Take a look please at what's marked as 3 therefore we were due $5 million.
4 Exhibit 9. When you have a chance to look at 4 Q. Why did you keep on trying to get the
5 Exhibit 9, tell me what you think that is. 5 deed of trust?
6 A. Okay. 6 A. Because we clearly had not been paid
7 Q. What is it? 7 $5 million.
8 A. It's another invoice on interest for 8 Q. Do you remember there being some dispute
~ :~=rE~4!;~~~~SOOoffro~1
9 $5 million.
10 Q. Had you seen this document before today?
11 A. The invoice, but again, I didn't review
12 the spreadsheet. .:.
::,1,1
13 Q. Were you supposed to try to collect on

14 these invoices? 14 Construction to get paid. 1.
15 A. We created them with the intent to 15 Q. SO it's your position that -- because
16 collect on them. 16 this promissory note was never executed, is it your
17 Q. What discussions did you ever have with 1 7 position that MAPI was in breach of its obligations
18 anyone at MAPI concerning getting paid on these 1 8 under the construction contract?
19 invoices? 19 A. Our construction contract was with 4S
20 A. The discussions with MAPI -- or when you 20 Development and Colorado Oasis and Grassy Creek.
21 refer to MAPI, I'm going to have to defer to 21 Q. SO is it your position that those
22 conversations with Don Anderson, because he was -- 22 companies were in breach of their obligations under
23 during this time frame that we're discussing, he was 23 the construction contracts?
24 in control of that, and the discussions were as a 24 MR. BERNSTEIN: Object to form.
25 whole overall getting paid, not necessarily just 25 A. Those companies were in breach of the
Page 135 Page 13711
1 specifically invoice by invoice. My discussions were 1 construction contract.
2 with him, are we going to get paid for this money. 2 Q. (BY MR. CAL) They were as of
3 Q. Which money? 3 October 2006?
4 A. The entire balance due Robinson 4 A. Yes.
5 Construction. 5 (Deposition Exhibit 10 was marked.)
6 Q. Well, under the promissory note you 6 Q. Have you ever seen Exhibit 10 before?
7 weren't going to get paid the $5 million until June 1 7 A. Yes, I have.
8 of 2007, correct? 8 Q. When was the last time you saw it?
9 A. Correct. 9 A. 10/3/06.
10 Q. SO you weren't owed money on June 1, 10 Q. Pardon me?
11 2007, for that $5 million, correct? 11 A. I signed it on 10/3/06.
12 MR. BERNSTEIN: Objection as to form. 12 Q. That was the last time you saw it?
13 A. We were still owed $5 million. 13 A. I have seen it in preparation putting
:::
I
14 Q. (BY MR. CAL) Under the promissory note? 14 documents together in the last few months. ::
15
16
A. The promissory note was never executed
and completed.
15 Q. Okay. Now, I want you to look at the I
16 fIrst page of the document and I want you to see where ,I,;
17 Q. But you wanted to go get deeds of trust 17 it says, "AlA Standard Form of Agreement Between:,
18 for an unexecuted and incomplete document, huh? 18 Owner, and Contractor, dated June 19, 2006." You see ~i
19 MR. BERNSTEIN: Objection as to form. 19 that? You see where it's defmed construction
20 That does not reflect what his testimony is. 20 contract?
21 MR. CAL: Do you want to make another 21 A. Yes.
22 objection to help him out a little more? 22 Q. And it's referring to construction
23 MR. BERNSTEIN: I'll make as many as I 23 contract with 4S Development, correct?
24 need to make based upon what your questions are. 24 A. Uh-huh. Yes.
25 O. (BY MR. CAL) Do vou have an answer to 25 O. And now I'd like vou to gO to the Dage
35 (Pages 134 to 137)

a140fd45·f1 f8-4913-a4c8-ace8dd24d060
Page 138 Page 140 • •
1 that has -- the page more or less halfway through the 1 of my voice.
2 document that has VB 01904 on it. 2 MR. BERNSTEIN: That's fme. Then ask a
3 MR. BERNSTEIN: What page? I'm sorry, 3 question that is not objectionable. That question was
4 Peter. 4 objectionable.
5 MR. CAL: 1904. 5 MR. CAL: You have no right to direct him
6 Q. (BY MR. CAL) Are you on that page? 6 not to answer a question based upon an objection to
7 A. lam. 7 form. You know better, Mr. Bernstein.
8 Q. That is your signature on the page? 8 MR. BERNSTEIN: You know better than to
9 A. Yes. 9 ask him what is on your client's mind.
10 Q. Okay. Do see where it says, "The 10 MR. CAL: Would you read back my last
11 undersigned hereby certifies to Assignee and agrees
12
13
that"? Read No.1 out loud, please.
A. "The Construction Contract is in full
11
12
13
question to the witness, please.
(The last question was read back as
follows: "Do you think Vectra Bank would have liked .
I
~~ ::~~Faf;§j:::::
14 force and effect and no breach or default exists under
15 the Construction Contract and no event has occurred
16 and no condition exists that, after notice or lapse of
17 time, or both, would constitute a breach or default ·1,,:1
..
18 under the Construction Contract." 18 answer my questions at this examination, sir. .

19 Q. You provided false information to Vectra 19 A. I don't know what Vectra Bank would have
20 Bank; is that what your testimony is here today? 2 0 liked to have done.
21 MR. BERNSTEIN: Objection to the form. 21 Q. Do you know that this was being provided
22 A. I testified today that the construction 2 2 to Vectra Bank?
23 contract was in default. 23 A. Yes.
24 Q. (BY MR. CAL) As of October 1, 2006, 24 Q. You did know that, correct?
25 correct? 25 A. Yes.
Page 139 Page 141 I
1 A. That is correct. 1 Q. Okay. Read No.2 on page 1904, please.
2 Q. The promissory note wasn't signed on 2 A. "All conditions precedent to the
3 October 1, 2006, right? 3 obligation of the undersigned to perform pursuant to
4 A. No, it was not. 4 the Construction Contract have been fully satisfied."
5 Q. SO Robinson Construction, according to 5 Q. Was that statement true when you made it?
6 you, had not been paid on October 1, 2006, correct? 6 A. No.
7 A. That is correct. 7 Q. No.3, read that one, please.
8 Q. Do you think Vectra Bank would have liked 8 A. "The undersigned will notify Assignee in
9 to have known that before it made its loan? 9 writing in the event of any breach or default by
10 MR. BERNSTEIN: Objection. I think we 10 Assignor under the Construction Contract."
11 can hear you also in your normal voice. Don't answer 11 Q. Prior to commencing litigation, did
12 the question. 12 Robinson Construction ever notify Vectra in writing of
13 MR. CAL: What's the basis for directing 13 a breach or default by 4S under the construction
14 him not to answer the question? 14 contract?
15 MR. BERNSTEIN: The form of the question. 15 A. No.
16 How does he know what Vectra Bank -- 16 Q. Mr. Bernstein has been complaining a
I7 MR. CAL: You have the right to direct 17 little bit about my tone of voice here. Does
18 the witness not to answer based upon an objection to 18 Mr. Robinson tend to raise his voice during
19 form? 19 conversations with others?
20 MR. BERNSTEIN: And your tone, Mr. Cal. 20 A. With people that owe him $5 million, yes.
21 You can quit with the dramatics and theatrics here and 21 MR. GRAGG: Can we take a five-minute
22 ask him the question. You don't need to be raising 22 break? Seems like a natural break in your questions.
23 your voice to him. 23 Can we take five?
24 MR. CAL: You have no right to direct the 24 MR. CAL: Sure.
25 witness not to answer because vou don't like the tone 25 (Recess taken. 1:45 p.m. to 1:55 p.m.)
36 (Pages 138 to 141)

a140fd45-f1 f8-4913-a4c8-ace8dd24d060
Page 142 Page 144

1 (Deposition Exhibits 11 and 12 were 1 42 acres? !I:::
2 marked.) 2 A. Yes. Ii
3 Q. (BY MR. CAL) Mark that as 11 and this 3 Q. SO the deed of trust could not include :~
4 one 12. Mr. Moisan, have you had an opportunity to 4 those 42 acres; is that correct? J
5 look at what's been marked as Exhibit II? 5 A. That is correct. ~
:::
6 A. Yes, I have. 6 Q. Okay. The e-mail that you sent, you sent ~
1
7 Q. Do you recall having seen this e-mail 7 it on behalf of RK Enterprises, LLC and Robinson
8 before? 8 Construction Company?
9 ~1
9 A. Yes. A. That is correct.
10 Q. Do you recall having seen it back in the 10 Q. Why did you send it on behalf of RK *il
11 October 2006 time frame? 11 Enterprises, LLC?
12
Ii
12 A. Yes. A. At that time I was working quite ~ ~.
13 Q. And do you recall the discussions that 13 substantially for RK on the -- on another project and
14 are referenced in this e-mail? 14 so I had a signature in my e-mail that addressed RK II
15 A. Yes. 15 Enterprises as well as Robinson Construction Company. 1~·
:~
16 Q. And why was it that Mr. Robinson was 16 Q. Which other project was that?
17 coming to Hayden, Colorado, on October 27, 2006? 17 A. Moses Lake property. t~
18
19
20
21
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?
18
19
20
21
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
III
22
23
24
25
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?
22
23
24
25
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,
IJ
~
1 A. Correct.
Page 143
1 Paul Doughty, and Ron Sills, correct?
Page 145
I
\1
2 Q. And in terms of the payment, which 2 A. Correct.
3 payment did he want to discuss? 3 Q. It's being copied to Ryan Barackman. Is ~~
4 A. He was wanting to discuss the overall 4 he the -- is that right?
5 balance between all three projects. 5 A. He's the project manager, yes. il
6
7
8
Q. SO that includes the $5 million, that
acknowledgement in the promissory note?
A. That is correct.
6
7
8
Q. He's a project manager on the Hayden
projects?
A. Yes.
I
9 Q. Did you ever inform Don Anderson that it 9 Q. Who's Angel Torres? *~~.
10 was Robinson Construction's position --let me put 10 A. She's my administrative assistant.
11 that in a time frame. In October 2006 did you inform 11 Q. Okay. Do you know what the e-mail is
12 Don Anderson that it was Robinson Construction's 12 that he's referring to, "I left you an e-mail on my
13 position that the promissory note was not valid? 13 laptop but not sure it went"? Do you know which
14 A. I don't recall having that specific 14 e-mail he's talking about there?
15 conversation with him. 15 A. I'm not sure what e-mail it is.
16 Q. Okay. 16 Q. Do you know whether it's been produced to
17 A. I recall asking him for trust deeds. 17 us?
18 Q. Asking him for what? 18 A. I don't know.
19 A. The trust deeds that were called out. 19 Q. Do you know -- do you recall what he said
20 Q. But those deeds of trust would not have 20 in the e-mail?
21 given Robinson Construction a lien on the 42 acres 21 A. No.
22 that were subject to the Vectra lien; is that correct? 22 Q. You don't?
23 A. I'm not sure I understand what you're 23 A. I'm not sure what e-mail this is that
24 asking. 24 he's referring to.
25 Q. Remember the oromissorv note has a minus 25 O. Now he savs he's frustrated with the
37 (Pages 142 to 145)
a140fd45·f1 f8·4913·a4c8·ace8dd24d060
~: ~ checkto
'4B
he
Randy is talking
MR. BERNSTEIN: Object to the form. Go
:::1 I
~
Page 1491
1 MR. BERNSTEIN: Object to form. 1 whether or not we actually had the meeting. I know
2 A. I'm not sure. 2 that I was in Hayden, Colorado.
3 Q. (BY MR. CAL) Were you in on a telephone 3 Q. You were or were not?
4 conversation that involved -- about this same time 4 A. I was. I don't remember if all of the
5 that involved both Mr. Robinson and Mr. Anderson and 5 partners actually ended up meeting.
6 Mr. Keys? 6 Q. How frequently did Mr. Robinson come to
7 A. I was not. 7 Colorado?
8 Q. Was there a conversation that you're 8 A. He was in Colorado every week at the same
9 aware of that you were not a participant in? 9 time that I was, and we flew together, so he was here
l O A . I don't know. I'm not sure. 10 every week.
11 Q. When you got this e-mail, did it come out 11 Q. SO Mr. Robinson would have been in
12 of the blue and you had no clue where this was coming 12 Colorado the week of October 24, 2oo6?
13 from? 13 A. That is correct.
14 A. The e-mail is a response to my e-mail 14 Q. Do you know whether there was ever this
15 that I sent that Randy Robinson had instructed me to 15 partners meeting in Las Vegas in the frrst week of
16 inform everyone that he was going to be in Hayden and 16 December?
17 we were going to be there to discuss payment. 17 A. We did not have a partners meeting in Las
18 Q. What's it mean, "It's also not fair for 18 Vegas.
19 Randy to bear the brunt of the risk without 19 Q. Did you have it somewhere else?
20 communication"? Do you know what he means there? 20 A. This meeting that's referred to never
21 A. I'm not sure what Bob was trying to get 21 happened.
22 across. 22 Q. Okay. So how was the issue resolved?
23 Q. Now, it says, "I was told Don had told 23 A. Robinson Construction received checks at
24 you what the check to Randy was going to be and their 24 or around or shortly after this time, this date.
25 was a communication breakdown." You see that? 25 O. And those checks were Davment for what?
38 (Pages 146 to 149)

a140fd45·f1 f8·4913·a4c8·ace8dd24d060
Page 150 Page 152 l~
1 A. Construction activities, pay 1 about MAPI; but the promissory note did not come up ~
.:~
2 applications. 2 specifically, as far as you know? .•
3 Q. And those checks were actually applied 3 A. As far as I know, it did not come up i•l•
4 for the pay application subsequent to pay applications 4 specifically.!

5 1, 2, and 3 by Robinson Construction; is that correct? 5 Q. Can you remember anything more specific !!
6 A. That is correct. 6 about discussions concerning MAPI other than this hangl
7 Q. SO Robinson Construction received payment 7 in there, rah rah, we'll get the financing? i
8 in October 2006 and applied those to pay applications 8 A. No.
9 4 and 5; is that correct? 9 Q. That's as much as you can remember?
l O A . That is not correct. l O A . Uh-huh.
11 Q. Okay. Correct me. Tell me what the 11 Q. Where did you guys hunt?
12 right answer is. 12 A. Outside of Fossil, Fossil, Oregon.
13 A. Applications for payment No.4 and 5 were 13 Q. Take a look please at what's marked as
14 paid in September. 14 Exhibit 12. When you've had a chance to review that
15 Q. We'll have to take a look at the checks 15 e-mail, let me know and I'll ask you some questions.
16 later. The payments that were received in -- you're 16 A. Okay.
1 7 saying four and five were paid by checks received in 17 Q. SO this is an e-mail that Mr. Anderson is
18 September? 18 sending to Randy Robinson; is that correct?
19 A. That is correct. 19 A. That's correct.
20 Q. We'll look at the checks later. What's 20 Q. It's also being sent on October 24, 2006;
21 the Fossil house? 2 1 is that correct?
22 A. That's a house that Bob and Randy owned 22 A. Yes.
23 together. It's just a vacation property. 23 Q. And it's just a little bit after the
24 Q. And then he says, "I will be at the 24 exchange of e-mails that we saw in Exhibit 11; is that
25 Fossil house if any of the above needs discussing 25 correct?
•
Page 151 age 3 "
1 prior to my seeing you this weekend." Now, does he 1 A. It's actually before my e-mail to BO:. 15 lj
SQny~~o!~::mloonng milie I
2 mean seeing you personally, you and Mr. Keys getting 2
3 together that weekend? 3
4 A. Yeah, elk hunting season. 4
wrong oore.
5 Q. Pardon me? 5
~~.
6 A. Elk hunting season is end of October. 6 A. Yes, you're correct.
7 Q. SO you and Mr. Keys went elk hunting? 7 Q. It's basically about the same time?
8 A. Yes. Randy did, too. 8 A. Little after.
9 Q. This weekend? 9 Q. SO one would think that maybe these two
l O A . Uh-huh. 10 e-mails are both talking about the same conversation,
11 Q. SO who else went on this elk hunting 11 huh?
12 trip? 12 A. Yes.
13 A. Just Randy and Bob and I. 13 Q. Okay. But this is a conversation you
14 Q. What did you talk about as it relates to 14 don't think you participated in?
15 MAPI on this elk hunting trip? 15 A. No, I was not involved in this
16 A. Bob talked to Randy about just, you know, 16 conversation.
1 7 hanging in there, keeping going, don't worry about it, 17 Q. Now, did Mr. Robinson tell you about this
18 fmancing will come, it's all going to work out. 18 conversation?
19 Q. SO did Randy tell Bob that he was not 19 A. No. Randy called me, told me to send an
20 signing the $5 million prornissory note? 20 e-mail out that we were stopping work and we needed to
21 MR. BERNSTEIN: Objection to form. 21 meet with everybody. That's what I did.
22 A. I don't recall specifically having a 22 Q. Okay. Do you see where Mr. Robinson
2 3 conversation about the promissory note while we were 23 forwards -- Mr. Robinson -- I assume JoAnn Randall is
24 elk hunting. 24 Mr. Robinson's executive assistant?
25 O. (BY MR. CAL) So there were conversations 25 A. Yeah. Randv doesn't l!et e-mail.
39 (Pages 150 to 153)

a140fd45·f1 f8·4913·a4c8·ace8dd24d060
Page 154 Page 156 *

1 Q. He doesn't read his e-mail? 1 MR. BERNSTEIN: Object to the form.
2 A. No. 2 Q. (BY MR. CAL) Did you tell Mr. Anderson
3 Q. Doesn't send e-mail? 3 he shouldn't be sending these kind of e-mails to
4 A. No. He's a phone-call guy. 4 Mr. Robinson?
5 Q. Fair enough. But JoAnn Randall is 5 A. No.
6 Mr. Robinson's executive assistant; is that right? 6 Q. SO in the time you've spent in the
7 A. At that point in time, yes. 7 construction industry, you've become familiar with
8 Q. At that point in time. So Mr. Robinson 8 lien waivers; is that correct?
9 would have instructed JoAnn to send this e-mail to 9 A. That's correct.
10 you, right? 10 Q. And Robinson Construction tries to get
11 A. Yeah. I get copied on all of Randy's 11 lien waivers from its subcontractors; is that correct?
12 e-mail. 12 A. That's correct.
13 Q. It says, "Kirk, have you seen and handled 13 Q. Why does Robinson Construction get lien
14 this yet?" How did you know how to deal with this if 14 waivers from its subcontractors?
15 you were not aware of the conversation that took 15 A. So that there's an acknowledgement and
16 place? 16 receipt of payment for services provided.
17 A. She was a few days behind and the e-mail 17 Q. To make sure that the subcontractor is
18 that took care of it was Bob's e-mail back to me, and 18 precluded from executing or pursuing liens, correct?
19 I think the issue just pretty well died. I never 19 A. Correct.
20 asked -- or entered into conversation with Randy 20 Q. And does Robinson Construction include
21 Robinson about what he did or what he did not tell Don 21 lien waivers in its pay applications?
22 Anderson. It did not seem like there was a point to 22 A. Yes.
23 that. 23 Q. And are parties entitled to rely upon
;: iliose~~;;~~~~~:~:~:age
24 Q. Did you ever have a conversation with
25 Mr. Anderson about this e-mail that he sent through
Page 155 157
1 Randy Robinson?
1
2 A. Don never brought it up either.
3 Q. SO you pretty much ignored Mr. Robinson's
4 instruction here?
5 A. What instruction?
6 Q. Handle this. He says, "Have you seen and
7 handled this yet?"
8 A. That's not Mr. Robinson's instructions.
9 That's his executive assistant sending it to me asking
10 if I knew about it --
II Q. SO you don't think --
12 A. -- and done anything with it.
13 Q. You didn't take this as a message that
14 Mr. Robinson's executive assistant is sending on his
15 behalf?
16 A. Yes. She's forwarding it to me on behalf
17 of him, but there's no direction here for me in this.
18 Q. There's nothing indicating that you
19 should take care of this?
20 A. She sent it three days later when we were
21 supposed to be meeting him. That's why I'm saying --
22 Q. Three days later when you were supposed
23 to be meeting who? How did you deal with
24 Mr. Anderson? I don't think Mr. Robinson probably
25 liked Mr. Anderson's e-mail to him.
40 (Pages 154 to 157)

a140fd45-f1 f8-4913-a4c8-ace8dd24d060
1
2
A. Not particularly, no. Not all the time.
Occasionally.
Page 158
1
2
change order summary; is that correct?
A. Correct.
Page 160
..
I
3 Q. Take a look, if you could, there's a page 3 Q. SO if there were -- the change order I
4 No. ROBCON 00119 and that's for pay application 4 summary would indicate that there had been no change ~
5 No. 12. Are you there? 5 orders in this month; is that correct? ~
6
7
8
9
A. 119?
Q. Yes. You see where the ROBCON numbers
are that says oo119?
A. I'm not fmding 119. I might have pulled
~ toget~e5e~E:~~~~~~~theo
190 ~~:::~~~:~~~:;~; original contract sum and the
II!
10 that. No, I don't have 119.
11 MR. HENDRICKSON: They're in time order, 11 A. Yes.
12 but I don't think the page numbers -- I don't think 12 Q. What's the next item reflect?
13 the Bates labels are in chronological. 13 A. Total completed and stored to date.
14 Q. (BY MR. CAL) I'm going to try to help 14 Q. What's that supposed to show?
15 you so we can get to the page I want. So you're on 15 A. All of the work that has been completed.
16 the document that's got the number ROBCON oo119? 16 Q. What's the next item. retainage?
17 A. Yes. 17 A. Retention is withheld from contractors
18 Q. And that says pay application No. 12, 18 typically in case there's something that needs to be
19 correct? 19 done after the job is completed and the contractor
20 A. Yes. 20 doesn't come back. ~.
21 Q. And it's invoice No. 69613; is that 21 Q. Retainage is in part to give the ~
22 correct? 22 contractor an incentive to come back and complete the ~ ~
23 A. Yes. 23 w o r k ? '
24 Q. Let's just go through this. This is a 24 A. Correct. II ~:
25 form pay application that Robinson uses; is that 25 Q. And usually retainage, depending upon the ;:
Page 159 Page 161 I
1 right? 1 contract, at some point after work is completed to a
2 A. Yes. 2 certain percentage, the contractor is entitled to be
3 Q. Does Robinson create this form? 3 paid for retainage; is that correct?
4 A. It's a standard AlA form that is formed 4 A. Correct.
~ retain~~eS;o~~:~:e~~o~~~~:e~:tainage would I
5 in the computer system.
6 Q. SO it's a standard AlA form that Robinson
7 uses and keeps in its computer system? 7 then be included in the item No.8 for the current
8 A. That's correct. 8 payment due; is that right?
9 Q. And does Robinson use this type of AlA 9 A. Correct.
10 form for most of its jobs? 10 Q. Pardon me?
11 A. Yes. 11 A. Correct.
12 Q. And the item No.1, original contract 12 Q. Okay. So now you get to item 6. It
13 sum. what does that reflect? 13 says, "Total Earned Less Retainage." What does that
14 A. $5,896,259. 14 reflect?
15 Q. SO that's supposed to be what the 15 A. The amount completed and stored to date
16 original contract amount was? 16 minus the amount held in retention.
17 A. Yes. 17 Q. SO that would, in essence, reflect the
18 Q. And then it says, "Net Change by Change 18 amount to which the contractor was entitled to be paid
19 Order." Is that supposed to reflect all additions and 19 prior to this invoice; is that correct?
20 subtractions by change order? 20 A. Correct.
21 A. Yes. 21 Q. And then item 8 is what they're owed for
22 Q. And so this indicates that there had been 22 this particular invoice?
23 $354,000 reduced by change order, correct? 23 A. Correct.
24 A. Correct. 24 Q. And then the balance to fmish plus
25 O. And that would be reflected below in the 25 retainaJ:!:e that shows the amount of work that still
41 (Pages 158 to 161)

a140fd45·f1 f8·4913-a4c8-ace8dd24d060
Page 162
Page 1641~
1 needs to be performed? 1 required for this pay application, right?
2 A. Correct. 2 A. Correct.
3 Q. Okay. Now, you see to the right there's 3 Q. Okay. And so we see that there's general
4 an amount certified? 4 conditions of $3,403.82 for that time period, right?
5 A. Correct. 5 A. Correct.
6 Q. That's consistent with the current 6 Q. And how would that amount be calculated?
7 payment due? 7 A. Based on billings or expenses for the
8 A. Yes. 8 month for the time period.
9 Q. Now, there's no architect certificate on 9 Q. Okay. Then storm, Booco, there's a
10 this document. Why is that? 10 deduction. Why is there a deduction there?
11 A. Because our company produced these 11 A. Booco would have given us a credit.
12 documents. Robinson Construction produced these 12 Q. SO Booco gave you a credit. Now, there's
13 documents for your review and the architect-signed or 13 something that says on the next page "site excavation,
14 engineer-approved pay applications would be on file at 14 $483.37," right?
15 MAP!. 15 A. Which page?
16 Q. Okay. And then up above where the 16 Q. It's numbered 121.
17 signature for Robinson Construction is, do you see 17 A. Yes.
18 that? 18 Q. Okay. Then there's a line item for
19 A. Yes. 19 profit, right, on the next page 122?
20 Q. Do you recognize whose signature that is? 20 A. Yes.
21 A. It looks similar to the signature that 21 Q. SO Robinson Construction is also charging
22 we've noted today is Kyle Palmer's signature. 22 for a profit on this job; is that right?
23 Q. Okay. Andabovetherethecontractor, 23 A. Yes.
24 Robinson Construction, states, "That all amounts have 24 Q. SO if a representation were made to ••
1-----"'---""-----------------+-----------------.....100----.;"'-1.*i
25 been paid by the Contractor for Work for which 25 Vectra Bank that Robinson Construction was performing
165
1 previous Certificates for Payment were isSU':::: 163 1 its work at cost. would cost include profit? Page 1
2 payments received from the Owner, and that current 2 A. Robinson Construction did not make t h a t :
3 payment shown herein is now due"; is that right? 3 representation to Vectra Bank, and it was clear from I
4 A. Yes. 4 the very beginning Robinson Construction would do this!
5 Q. What's that mean to you? 5 job for cost plus a percentage of profit and overhead. ..
6 A. That means that we were certifying that 6 Q. SO to the extent Mr. Doughty provides
7 the work that is being asked to be paid for is 7 information that says Robinson Construction is
8 complete and that all of the amounts that we owe to 8 performing work at cost, that information would be
9 subcontractors and for suppliers for this amount and 9 incorrect; is that what you're saying?
10 previous have been paid. l O A . Yeah. I'm unaware of what Mr. Doughty
11 Q. Okay. Take a look at the following page. 11 gave to Vectra, and that representation would be
12 I think that's called the continuation sheet. Do you 12 incorrect.
13 see that? 13 Q. Any representations on loan applications
14 A. Yes. 14 relating to these jobs that say that Robinson
15 Q. Okay. So does this continuation -- tell 15 Construction is performing its work at cost are
16 me what the continuation sheet should reflect. 16 incorrect?
17 A. Just schedule of values for the project. 17 MR. BERNSTEIN: Object to the form.
18 Q. SO all the schedule of values for the 18 A. I'm not sure what you're referring to.
19 different sort of like line items for work that was to 19 Can I have your question repeated again.
20 be performed? 20 MR. CAL: Would you read that one back to
21 A. Yeah. So that the owner or architect 21 him, please.
22 could have the opportunity to verify the percentage 22 (The last question was read back as
23 complete on the overall project. 23 follows: "Any representations on loan applications
24 Q. And then this would also reflect under 24 relating to these jobs that say that Robinson
25 column E the SDecific amount of work that's beinQ: 2 5 Construction is performing its work at cost are
42 (Pages 162 to 165)

a140fd45·f1 f8·4913·a4c8·ace8dd24d060
Page 166 Page 168

~.
=::
1 incorrect?") 1 MR. BERNS1EIN: Object to the form. ~
2 A. Unaware of the representations, but if 2 A. I'm not in a position to give you a legal il
~I
3 that statement is true, then I would agree with you. 3 opinion on what that says.
4 Q. (BY MR. CAL) So you're not aware of it; 4 Q. (BY MR. CAL) It's not that hard to carve
5 but if a statement were made, that's a false 5 out a specific time period if that's what you want to 1
1
6 statement? 6 do, isn't it?
7 A. Correct. 7 A. The pay application is for a period I
8
9
Q. Okay. Take a look please at the page
that's marked 123. And I'd like you to review the
8
9
ending December 31,2006.
(Deposition Exhibit 14 was marked.)
!
~;j
:::
:::
10 conditional release, read that through, and then tell 10 Q. Okay. Now, once you've had a chance to ~~j
11 me when you're done. I'm going to ask you some 11 look at Exhibit 14 let me know, please. I'll tell you
12 questions. 12 that these are a series of lien waivers that appear to i
13 A. Okay. 13 have been executed by Robinson's subcontractors. Do
~~
I
14 Q. SO you've read that now? 14 you see that?
15
16
17
A. Yes.
Q. Have you read that language before today?
A. Yes.
15
16
17
A. Okay.
Q. Do you agree that these are lien waivers
executed by Robinson's subcontractors for the Villages
I
~:
18 Q. Doesn't it mean that if Robinson receives 18 of Hayden job? *~::~

~:
19 a check from 4S in the amount of $2,245.67, that 19 A. Yes, they are. ;\j
20 Robinson is releasing all rights to assert liens that 20 Q. Now, let's look at the fIrst one. This I
21 it has? 21 is a lien waiver that was executed by Connell
22
23
MR. BERNS1EIN: Object to the form.
A. This means that upon the receipt of the
22
23
Resources, Inc.?
A. Yes.
I
II
24 check for the amount drawn that we would release -- 24 Q. And Robinson would have required this and f
25 Q. (BY MR. CAL) Wait. Just so we're on the 25 would have relied upon this lien waiver, correct?
Page 167 Page 1691*
~~~.
1 same page, receipt of the check in the amount of 1 A. Correct. I:

2 2,245.67, correct? 2 Q. And the last page says, "This document ~.
:::
3 A. That's correct. 3 may be relied upon Owner, Contractor, the landlord of
4
5
Q. SO please continue.
A. -- would release any and all claims in
4
5
the Development in which the Project is located, any
lender providing fmancing," correct?
I
:::.
~.
6 that amount on the project. 6 A. Correct. ~.

;~
7 Q. Where does it say "in that amount"? 7 Q. Now, let's look at the middle paragraph.
8 A. "This release covers a progress payment 8 Here this paragraph reads, "This waiver and release is
9 for labor, services, equipment, and materials 9 effective as to a progress payment for labor,
10 furnished and/or claims through December 31,2006." 10 services, materials, and equipment furnished and all
11 Q. "And does not cover any retention or 11 other claims by Subcontractor/Supplier and its
12 items furnished after that date"? 12 subcontractors and suppliers at all times during the
13 A. Correct. 13 period commencing on and including September 1, 2006,
14 Q. SO you're not releasing for your future 14 and ending on and including September 16, 2006, but
15 claim, but you've released for all labor, services, 15 excluding retainage." Do you see that?
16 equipment, and materials furnished through 16 A. Yes, I do.
17 December 31,2006. That's what it says, right? 17 Q. SO very clearly anyone reading this
18 MR. BERNS1EIN: Object to the form. 18 document knows that the release is covering the time
19 A. In the amount of 22 -- $2,245.67. 19 period September 1 through September 16; is that
20 Q. (BY MR. CAL) But you're adding that into 20 right?
21 that sentence. That sentence does not say in the 21 MR. BERNS1EIN: Object to the form.
22 amount of $2,245, does it? 22 A. It's clear to me what the time frame is.
23 MR. BERNS1EIN: Object to the form. 23 Q. (BY MR. CAL) But let's go back to the
24 Q. (BY MR. CAL) It just says for work 24 conditional release for Robinson. That would be
25 before December 31 2006 ri2:ht? 25 Exhibit 13 on na2:e 123 that we were looking at. Where
43 (Pages 166 to 169)

Page 170 Page 172

1 in this lien waiver is it clearly stated that this 1 A. Okay. I*
2 release is covering only a specific time period? 2 Q. Math was never my good subject. il
~
3 A. Time period just states, "December 31, 3 A. I'm trying. ~.
4 2006." 4 Q. All right. So this is pay application
II
5 Q. Well, it says, "Materials furnished 5 No. 13 for the period to January 31, 2007, correct?
6 and/or claims through December 31,2006, only and does 6 A. Yes.
7 not cover any retention or items furnished after that 7 Q. And in this pay application we can see ~
8 date." Did I read that correctly? 8 that the retainage is now being reduced to
9 A. You did. 9 2.5 percent, correct?
10
11
MR. BERNSlEIN: I object to that. You
did not read it correctly.
10
11
A. Yes.
Q. And so that the prior balance that we saw
~!
12 MR. CAL: You don't get to testify. 12 on the prior application No. 12, the retainage there ~~
~~
13 MR. BERNSlEIN: You left a word out, so 13 had been $231,000. It's now being reduced to ~~~
I
14 you did not read it correctly. 14 $119,000, correct?
15 MR. CAL: Which word did I leave out? 15 A. Correct.
16 Since you want to testify, go ahead. 16 Q. SO that difference between the retainage :::
~.
17 MR. BERNSlEIN: It says, "This release 17 there is going to be now included in the current [~'
18 covers a progress payment for labor, services, 18 payment due; is that correct? ~:
19
20
21
22
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
19
20
21
22
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
Iil
il
23 subcontractor release. I'm going to try to move 23 the bottom line in column E, right? II
24 along, so just focusing in the third paragraph, this 24 A. Yeah. You would add column E to your il
il
25 is a release that says, "By virtue of the materials, 25 retainage that's being released.
1
2
3
Page 171
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,
1
2
3
Q. SO you add the 134,000 and change in
Page 173
column E added to the retainage and that's how we'll

come up with 246,000?
I ~[j
~:
~~
4 supplies, labor and/or goods." Did I read that right? 4 A. Doesn't seem like it adds up to me, but
5 A. You did. 5 that's what should have happened.
6 Q. SO again, it's easy from reading this 6 Q. I think it does. Prior retainage was
7 lien waiver to understand it's a release for only a 7 231, and retainage now is 119. So that's a difference
8 very specific time period; is that correct? 8 of about 120. If you've got 120 and you add in the
9 MR. BERNSlEIN: Object to the form. 9 130, you get somewhere close to 250, right?
10 Q. (BY MR. CAL) Would you agree with me? 10 A. Correct.
11 A. I agree that it relates to the time 11 Q. SO we're in the ballpark at least. Do we
12 period stated. 12 agree probably?
13 Q. Okay. Good. Let's go back now, please. 13 A. In the ballpark, yeah.
14 I think I'm done with Exhibit 14. I'm going to focus 14 Q. If we got a calculator, I bet it would
15 back on Exhibit 13 now. I think we were at page 123 15 all work out; do you agree?
16 when we stopped. That was pay application 12. Then 16 A. Yes.
17 we get to pay application No. 13, but it's got the 17 Q. And this one also says the same as the
18 Bates No. 111. Do you see that? 18 previous form, that all payment -- "that all amounts
19 A. Yes, I do. 19 have been paid by the Contractor for Work for which
20 Q. Okay. So this is basically the same type 20 previous Certificates for Payment were issued and
21 of document we just reviewed; is that correct? 21 payments received from the owner." You see that?
22 A. You're on 112? 22 It's above the Robinson signature.
23 Q. Am I in the wrong place? 23 A. Yes.
24 A. The pay app? 24 Q. Now, how does the general conditions
25 O. Yeah 112. 25 number all of a sudden in this l!0 to $96 000 -- what's
44 (Pages 170 to 173)

a140fd45·f1 f8·4913·a4c8·ace8dd24d060
4 76
1
2
the explanation for why the general conditio::::':;
this time period is such a large number?
12 perioAd .FeCbruo~ect2.
H
8, 2007, right? Page 1
:
1
:,.,.1..
3 A. I would have to pull out the billing with 3 Q. And the total being requested here is
4 all the backup that went with this to tell you exactly 4 70,399.19, correct?
5 how we came up with $96,000. 5 A. Correct.
6 Q. What does general conditions cover? 6 Q. Let's go on. That one is -- we said it's
7 A. General conditions typically covers the 7 for the time period ending February 28. Let's go on
8 on-site facilities, job shacks, all of that, power, 8 to the next pay application. rve got Bates No. 99.
9 any allowances that might be covered for travel, 9 It's pay application 15.
10 subsistence, manpower-related type of expenses to get l O A . Okay.
11 people to the job. It's not uncommon for us to have 11 Q. You see this is for the period to
12 budgets with project managers and administrative 12 August 1, 200n
13 assistants, postage, delivery, office type of expenses 13 A. Yes.
14 as well. 14 Q. SO does this indicate to you that between I
15 Q. On this job did Robinson bill for all the 15 February 28 that there was no work being performed byi
g::;t;::~~~:::::::~ ~~ ;;;?a~E§::'::~~bcing :.,

20 conditions? 20 Q. We just saw a couple back on pay ,
,.,1"
21 A. Labor would have been shown as a labor 21 application 12 that Robinson would send out a pay
22 item. Their expenses would have been shown in a 22 application for as little as $2,200, right?
2 3 material-related column on a job cost report. 23 A. That's correct.
24 Q. SO rm wrong and that's not included 24 Q. SO why did Robinson stop sending pay
t-2_5_un_de_r...g,,-le_n_er_al_co_n_di_·ti_·0_n_s_? . 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
-t-2_ 5_ . . ap ..
Page 175 Page 177
1 A. I guess your question is correct. It 1 those months? 1

2 would have been billed as a general condition, with 2 A. This pay application doesn't verify to me
3 the exception of labor. 3 whether or not we performed work in the months in
4 Q. Okay. How did -- so Robinson -- again, 4 between. It only verifies that we performed -- we
5 if we get back to Robinson, saying that if someone 5 submitted a billing for work that apparently happened
6 represented that Robinson would perform the work at 6 between February 28 and the time the bill was sent
7 cost, you think Robin -- if that were accurate, should 7 out. ~.
8 Robinson be getting paid for travel time and meals and 8 Q. Can you give me a logical reason sitting Ii
9 living expenses for its employees? 9 here today why Robinson would not have billed for work i
10 MR. BERNSTEIN: Object to the form. 10 performed on a monthly basis in that time period?
11 A. Robinson Construction would be getting 11 A. The subcontractor working on site may not
12 paid, if somebody was paying the cost, all of the 12 have billed us. These billings are reflective -- even
13 expenses associated with that project. 13 the February 28 billing is reflective only of the
14 Q. (BY MR. CAL) Okay. Takealook. I 14 dates that invoices are coming into the company. We
15 think it's going to be -- we're going to move on to 15 did not have infrastructure-related activities
16 another one. This is going to be pay application 16 happening in February. It's just as the
17 No. 14, time period February 28, 2007. The Bates 17 subcontractors and suppliers bill us, then we are also
18 number is 106, if you could see that. 18 billing as well.
19 A. Bates No. 107 is where you're going? 19 Q. SO now look at the page that's marked
20 Q. The one before that is 106, is the fITst 20 100.
21 page. 21 A. Okay.
22 A. Okay. 22 Q. rm looking specifically at the item for
23 Q. You see that? 23 snowplowing. Is it $708.8l?
24 A. Yes. 24 A. Yes.
25 O. So this is oav aoolication No. 14 for 25 O. Whv would there be snowolowing in Julv of
45 (Pages 174 to 177)

a140fd45·f1 f8·4913·a4c8·ace8dd24d060
Page 178 Page 180 "

]
1 20017 1 Robinson?
2 A. The snowplowing didn't occur in July of 2 A. Not the sentence that you just read, but
3 2007. It's a bill that was sent in at some point in 3 the previous half of the sentence that you just read
4 time and is reflected on this pay application. 4 does.
5 Q. SO I should be able to fmd a bill and 5 Q. Tell me which you think covers that.
6 invoice for snowplowing in the amount of $708.81? 6 A. "That all amounts have been paid by the
7 A. Yes. 7 Contractor for Work which previous Certificates for
8 Q. Do you recall what Robinson 8 Payment were issued and payments received from the
9 Construction's contract required in terms of timing of 9 Owner."
10 its bill for work performed? 10 Q. Okay. So that sentence tells a person Ii
~~~~:; a:~~c::~~::~~ns~~~~:~:~ectedi
11 A. No. 11
12 Q. Let's go to page 101. We have some items 12 l:'n
13 performed by Booco being reflected there, right, 13 in prior payment applications; is that correct?
14 stonn, water, and sanitary? 14 MR. BERNSTEIN: Object to the form and
15 A. Correct. 15 the foundation of that also.
16 Q. SO we should be able to fmd invoices for 16 MR. CAL: Please. I understand you guys
17 Booco in those amounts? 17 want to confer, but I don't want the witness being
18 A. Yes. 18 affected by your conversation over there, please.
19 Q. Then if you look at -- and then this one 19 A. I'm trying to answer your question right,
20 I'm looking at --let's just go to pay application 20 so I want to --
21 No. 16. It's got the ROBCON No. 93 on it. 21 Q. (BY MR. CAL) I want you to answer it
22 A. Okay. 22 right, too.
23 MR. BERNSTEIN: I'm sorry. Peter, what 23 A. Can we repeat that again.
24 number? 24 Q. Let's try to break it down. Robinson had
25 MR. CAL: I'm looking at pay application 25 subcontractors on this job, right?
Page 179 Page
1 No. 16, ROBCON No. 93. 1 A. Yes.
2 MR. BERNSTEIN: Thank you. 2 Q. Elam was one of those subcontractors; is
3 Q. (BY MR. CAL) Are you there? 3 that right?
4 A. Yes. 4 A. Yes. I need to check on that. Elam was
5 Q. SO I'd like you to now focus -- this is 5 a contractor on one of the projects, if not two, but
6 requesting a current payment due of $97,611.16, right? 6 can we check on Villages of Hayden?
7 A. Correct. 7 Q. Where would we check?
8 Q. And there's nothing being left under 8 MR. GRAGG: Right with this gentleman
9 retainage at this point; is that correct? 9 right here.
10 A. That is correct. 10 MR. CAL: Yeah, except he doesn't get to
11 Q. And according to the RobCon signature on 11 testify today.
12 this page, do you think that kind of looks like that 12 Q. (BY MR. CAL) Where would you -- just
13 Kyle Palmer guy, right? 13 tell me, where would you look to find out whether Elam
14 A. It appears to look like Kyle's signature, 14 did work on Villages at Hayden?
15 yes. 15 A. In the job file under subcontractor.
16 Q. Okay. Now, I want to read this sentence 16 Q. Let's just assume arguendo -- we can say
17 here. It says, "That all amounts have been paid by 17 subcontractor ABC, but it's easier for me to use Elam.
18 the Contractor for Work for which previous 18 If it turns out I'm wrong about whether Elam worked on
19 Certificates for Payment were issued and payments 19 this, so be it. Let's assume Elam was a subcontractor
20 received from the Owner, and that current payment 20 on Villages of Hayden.
21 shown herein is now due." You see that? 21 A. Okay.
22 A. I do. 22 Q. Working with that assumption, if Elam had
23 Q. Does this tell me that Robinson's 23 performed work for Villages of Hayden in the time
24 subcontractors like Elam have been paid in full for 24 periods covered before the date of this application,
25 all work that oreceded this oav aoolication bv 25 is this tellin.e: me that Robinson had paid Elam for
46 (Pages 178 to 181)
a140fd45-f1 f8-4913-a4c8-ace8dd24d060
Page 182
1 that work? 1 with Robinson Construction have been paid --
2 A. This is telling you that for all amounts 2 Q. Okay.
3 that have been paid -- 3 A. -- what is due to them at this point.
4 Q. By the contractor? 4 Q. SO Booco, have they been paid in full,
5 A. By the contractor. I'll continue on. 5 according to Robinson?
6 Q. Contractor, the contractor is Robinson, 6 A. With our contract with Booco, yes.
7 right? 7 Q. Okay. Do you know whether Booco agrees
8 A. For which -- yes. For which previous 8 that it has been paid for all the work it performed on
9 certificates for payments were issued and payments 9 behalf of Robinson -- or under its subcontract with
10 received from the owner, and that would certify that 10 Robinson?
11 for the payments that were received from the owner 11 A. It's my understanding.
12 that work by subcontractors and material suppliers 12 Q. Because you understand they are saying
13 would have been paid. 13 that they have a claim in the bankruptcy case; do you
14 Q. Okay. So then if you had received 14 understand that?
15 payment from the owner, you would have paid your 15 A. Against the contract with Robinson?
16 subcontractors; is that what you're saying? 16 Q. No. I just understand that they've said
17 MR. BERNSTEIN: Object to the form. 17 they have a claim in the bankruptcy case. I don't
18 A. We pay our subcontractors. These jobs we 18 know who they're saying it's based on. Do you know
19 paid our subcontractors prior to getting payment. 19 that Booco claims -- is asserting a claim in the
~~ Z;~v~b=:e~j=:~=::";:hiredI
20 Q. (BY MR. CAL) So is it your testimony
21 that all of Robinson's subcontractors were paid in
22 full for the jobs on the Hayden projects?
23 A. Yes. 23 by Grassy Creek, as was Elam Construction, to do and .,'•.,
24 MR. CAL: You can go home now. 24 continue work, and that is completely outside of the
25 A. Elam's contract was not with Robinson 25 scope of Robinson Construction's contracts.
Page 183 ge 185
1 Construction on the one they're here for. 1 Q. Okay. So at leastto your understanm:. 1
2 Q. (BY MR. CAL) Okay. So we should be able 2
3 to go into the records that were produced to us by 3
4 Robinson and fmd invoices that back up each of the 4
5 items on these pay applications, correct? 5
6 A. Yes. 6
7 Q. Pardon me? 7 with Robinson directly with 4S.
8 A. Yes. 8 (Deposition Exhibit 15 was marked.) •
x
9 MR. GRAGG: You want to take another 9 Q. Okay. Why don't I make a statement for ]
10 break? Is that too many breaks? 10 the record that Exhibit 15 is similar to 13, but for I
11 MR. CAL: It's not too many. You want to 11 the Hidden Springs Ranch job, and it's got -- what we
12 take a break? 12 did is we tried to assemble all of the pay
13 MR. GRAGG: Yeah. 13 applications for the Hidden Springs Ranch contract
14 MR. CAL: Let's take a ten-minute break. 14 into one composite exhibit from the documents that
15 (Recess taken, 3:16 p.m. to 3:20 p.rn.) 15 were produced to us by Robinson. So with that being
16 Q. (BY MR. CAL) Mr. Moisan? 16 said, would you take a look, Mr. Moisan, at page
17 A. Yes. 17 No. -- the second page of the exhibit, ROBCON 90, and
18 Q. I think you testified just a little while 18 tell me if you recognize the document. Looking at
19 ago that Robinson paid all of its subcontractors on 19 what's been marked as pay application No.1, period to
20 thisjob? 20 July 15, 2006, ROBCON Bates numbered 90, could you
21 A. Yes. 21 identify this document, Mr. Moisan.
22 Q. SO that means all the subcontractors who 22 A. It is an application for payment.
23 did work on all three of the Hayden projects have been 23 Q. Is that the same standard form AlA
24 paid by Robinson? 24 document?
25 A. The subcontractors that have a contract 25 A. Yes.
47 (Pages 182 to 185)

a140fd45·f1 f8·4913·a4c8·ace8dd24d060
Page 186 Page 188 II

1 Q. And so the same analysis we went through 1 A. Booco's subcontract with Robinson was for ~j
2 with respect to Exhibit 13 in terms of what the 2 time and material amount, because he was not ~1
3 different line items represent would be true of this 3 sophisticated enough to give us a set base price and
4 document also? 4 quote on all of the projects, and allowances were set
5 A. Yes. 5 like snowplowing at the beginning of the project to
6 Q. Let's move to -- take a look please at 6 encompass potential need.
7 the document that's pay application No. 15. It has a 7 Q. Are you telling me Mr. Booco wasn't
8 Bates No. ROBCON 30. It's towards the back. 8 sophisticated enough to get you his snowplowing
9 A. Okay. 9 invoice before whatever the date of this is, before
10 Q. Let me know when you're there. 10 August 1, 200??
11 A. I'm there. 11 MR. BERNSTEIN: Objection, form.
12 Q. You see that this covers the period to 12 A. I'd have to look at the invoice to tell
I
13 February 28, 2007, correct? 13 you when it came in.
14
15
A. Yes.
Q. And here they're seeking payment of ~; invo;:'? ~~MR CAL) We'd have find to that
16 $6,030.79; is that correct?
17 A. Correct. 17 Q. Okay. But if the work were performed ~
18 Q. And there's no retainage being withheld 18 back in February, it might just be that it took a ~
~~ whi1~O\~o~:~~~~u::~r:~~~:o~~~~~~f~eation?
19 at this point, correct?
20 A. Correct. !:.
.i,.. ,•..
21 Q. If you flip the page to the next page, 21 to answer that accurately. .
22 it's the continuation sheet, correct? 22 Q. Let's go to the next page. Go to pay app ;'
23 A. Yes. 23 No. 17. It's ROBCON Bates 20. Do you see that? I
~: septo~;~~~;:~~OdIO
24 Q. SO we'd go to column E to see the work
25 covering this particular time period; is that correct?
1 A. Correct.
Page 187
Page 1891
2 Q. We should be able to fmd invoices to
3 support, say, the storm excavate amount here? 3 Q. Okay. And you're seeking payment for
4 A. Yes. 4 $1,450.09, correct?
5 Q. For the entrance gate there's a $930.21 5 A. Correct.
6 amount. We should be able to fmd an invoice to 6 Q. If you go to page -- the continuation
7 support that; is that correct? 7 sheet, are you there?
8 A. Yes. 8 A. Yes.
9 Q. Go to the next pay application, No. 16. 9 Q. And now the snowplowing is being taken
10 Do you see that, ROBCON Bates No. 24? 10 off. Do you know why that is?
11 A. Yes. 11 MR. BERNSTEIN: What page is it, Peter?
12 Q. This again jumps to the August 1, 2007, 12 MR. CAL: ROBCON 21.
13 time period, correct? 13 A. I'd have to pull the invoice to tell you
14 A. Correct. 14 why that is.
15 Q. And the payment being requested here is 15 Q. (BY MR. CAL) But apparently for some
16 for $1,399.46, right? 16 reason the snowplowing invoice on the prior pay
17 A. Right. 17 application was inappropriate, huh?
18 Q. And this indicates snowplowing, correct? 18 MR. BERNSTEIN: Object to the form.
19 A. That is correct. 19 A. Or are they equal amounts?
20 Q. Do you know which subcontractor performed 20 Q. (BY MR. CAL) 1,332 -- $1,332.44 on each.
21 this snowplowing? 21 A. Yes. Okay.
22 A. Booco Contract Services. 22 Q. SO it seems like it's deducting the
23 Q. Do you know whether Booco performed this 23 amount of the prior pay application, right?
24 under its subcontract with Robinson or under a direct 24 A. That's what it is doing, it appears.
25 relationshio with -- 25 O. Real coincidence that that number is the
48 (Pages 186 to 189)

a140fd45-f1 f8-4913-a4c8-ace8dd24d060
Page 190 Page 192 ;j

1~
1 same, right? 1 complete this $1,300 item of work before the
2 A. I'd have to pull the invoice to tell you 2 partnership fell apart?
3 why that is. 3 A. We were also in the process of scheduling
4 Q. Let's continue. Look at September 19, 4 half a million dollars worth of work at Villages of
5 2007, in the continuation sheet. 5 Hayden when this partnership fell apart. So if you
6 A. Okay. 6 look at the whole context, the only thing that was
7 Q. There's a charge here for the entrance 7 left to do was finish the gate and do some as-builts
8 gate for $1,435.73. Do you know what that work was 8 at the project.
9 for? 9 Q. And everything --
10 A. I'd have to look at the invoice to tell 10 A. Ends up being --
11 you exactly what that work was for. 11 Q. SO for Hidden Springs then, all the other
12 Q. Presumably that would have been work 12 work was complete back in the fall of 2006; is that
13 performed somewhere between pay application 16 and 17, 13 what you're saying?
14 since it wasn't included in 16? 14 A. There may have been some punch list items
15 A. Yeah. 15 on a one-year walk-through that would have been
16 Q. Who would have directed -- in the time 16 potentially coming out of it if we would have made it
17 period August or September 2007, whom at MAPI would 17 that far, but at Hidden Springs I do not know of any
18 have directed Robinson Construction to perform work? 18 other work.
19 A. There was in the prior year or work 19 Q. SO this item is, in essence, a punch list
20 season work suspended on all of the projects for 20 item; is that what you're saying? I
21 winter. In the spring we came back, started putting 21 A. No. That is contract work to install the !
I
in crossings, doing as-built drawings. This
~~ :!li~a:;=~~~":~~e~
22
23 particular project, Hidden Springs, the entry had
24 never been finished the prior year before, before the
25 construction season carne to a close. So the 25 untimely on Hidden Springs, he decided I'm going to go I
Page 191 Page 193 !:
1 landscaping and electrical was intended on being 1 do $1,435 worth of work on the entrance gate; is that
2 installed and it was being installed at the -- within 2 what you're saying?
3 the schedule of those subcontractors, and that was 3 MR. BERNSTEIN: Object to the form of the
4 happening at about the end of July, first part of 4 question.
5 August. 5 A. I'm not sure I understand the question.
6 Q. At whose direction was the work 6 Q. (BY MR. CAL) Well, if Mr. Robinson--
7 performed? 7 first there's a pay application -- let's go through
8 A. I can't say that we have a specific 8 and make sure we're all on the same page in sort of a
9 document from anyone individual that says go finish 9 little chronology here. There's a pay application
10 this work. It was a common knowledge through all of 10 No. 16 for the period to August 1, 2007. And
11 the partners at MAPI that we were still working on the 11 referring specifically to ROBCON invoice 24, the
12 project. 12 amount included on that pay application, that's for
13 Q. SO we've seen several times in the 13 work through August 1,2007, with an application date
14 documents today that Mr. Robinson would threaten to 14 of August 7, 2007, Robinson Construction decides to
15 stop working if he wasn't being paid the way he wanted 15 bill for snowplowing in the amount of $1,332, correct?
16 to be paid, correct? 16 MR. BERNSTEIN: Object to the form of the
17 MR. BERNSTEIN: Object to the form. 17 question.
18 A. There's documents that support that, yes. 18 Q. (BY MR. CAL) Is that what the document
19 Q. (BY MR. CAL) And, in fact, there were 19 reflects?
20 several times during this job when Mr. Robinson 20 A. The document reflects a bill for
21 threatened to stop work because he was not being paid; 21 snowplowing on August 7, 2007, but it does not tell us
22 is that correct? 22 when the invoice was received from the subcontractor.
23 A. Correct. 23 Q. August 7,2007, that would have been
24 Q. And so now at the end of July or early 24 after Mr. Sills made his first attempt to take control
25 Au st 2007 Robinson Construction wanted to gO 25 of the MAPI company: is that correct?
49 (Pages 190 to 193)
a140fd45·f1 f8-4913-a4c8-ace8dd24d060
Page 194 Page 196 ::

~j
1 A. That is correct. 1 have to be in writing. I understand it might not be il
~j
2 Q. And there would have been invoices and 2 in writing. Who said, Hey, aren't you guys going to ~
3 e-mails going back and forth between you and Don 3 go finish that gate? Who said that? ~i
4 Anderson and Bob Keys and Paul Doughty concerning how 4 A. All of the remaining work on all three III
5 to deal with Mr. Sills' attempt to take control of 5 projects had been discussed with Don Anderson, as well
6 MAPI in the early 2007 time frame; is that correct? 6 as Ron Sills, as well as David Brunie, as well as II
7 MR. BERNSTEIN: Object to the form. 7 every other member in the whole chain all summer long,
8
9
A. Can I have that question repeated.
Q. (BY MR. CAL) Okay. In early 2007, early
8
9
because we had bonds on the asphalt at the Villages of
Hayden. There was a million dollars worth of work I
10
11
August of 2007, the first week of August 2007 --
A. Yes.
10
11
still left to do. So it had all been contemplated
being finished at the end of the summer at a one-year I
il
12 Q. -- before the date of this application, 12 scenario of walking through these so the punch list j~
13 which is August 7,2007, were there e-mails exchanged 13 could get rolled in all at the same time.
14
15
16
between and among Don Anderson, you, Bob Keys,
concerning how to deal with Mr. Sills' attempt to
assert his control over MAPI?
14
15
16
(Deposition Exhibit 16 was marked.)
Q. SO you submit -- why don't you go ahead
and mark that one. Is Exhibit 16 the Robinson
I
x
:j
17 ~.
A. Yes. 17 statement of lien on Hidden Springs? ~.
18 Q. Now, who specifically -- okay. So then
19
20
we get this pay application that includes an amount of
$1,300 for snowplow work; is that correct?
18
19
20
A. It appears to be.
Q. Does it appear to be recorded on
September 10, 200n
III
21 A. That is correct. 21 MR. GRAGG: Our recording date is cut ~~
22 Q. And then we get a next pay application 22 off. Do you have one that has a recording date? I:~
23 dated September 19, 2007. Is this after you asserted 23 MR. CAL: No. That's as legible as I ~:
~~
24 the lien on Hidden Springs? 24 have. :::.
25 A. I'd have to check the date of the lien on 25 Q. (BY MR. CAL) Is yours cut off? !!l
Page 195 Page 1971

il
1 Hidden Springs. I don't know it off the top of my 1 A. It's there, September 10. !jj
::j
2 head. 2 Q. I'll beat up my paralegal later for doing ~J
3 Q. Pretty much right in this time period, 3 that. Do you agree that this document is the ~.
4 right? We've got plenty of paper. I can fmd the 4 mechanic's lien that Robinson Construction recorded
5
6
lien statement if we have to. It was about that time
period.
5
6
against the Hidden Springs project?
A. Yes. ~j
I
7 A. That pay application was not submitted 7 Q. And it's signed by Michael Glade; is that
8 after the lien, as far as I know. 8 right?
9 Q. We'll look at the lien statement. 9 A. Yes.
10 A. At the same time, there was also e-mails 10 Q. He's the attorney for Robinson
11 floating around about paying Robinson Construction for 11 Construction?
12 all of the work, too, and that didn't happen. 12 A. Yes.
13 Q. SO now what I want you to look at is the 13 MR. BERNSTEIN: Are you done with the
14 continuation sheet for pay application No. 17, and the 14 Hidden Springs pay apps?
15 application date is September 19, 2007. Now, we see 15 MR. CAL: At least for now, yeah.
16 that Robinson Construction deducts the snowplow charge 16 MS. O'TOOLE: Peter, I'm going to have to
17 from the prior invoice and adds a charge for work on 17 take off here.
18 an entrance gate in the amount of $1,400 in September 18 MR. CAL: Okay. Laura, please go ahead.
19 of 2007. 19 MS. O'TOOLE: For the record, this is
20 A. Well, let's pull the invoices, Peter. 20 Laura O'Toole appearing on behalf of Alpine Bank. We
21 I'll tell you all about them. 21 were not prepared to go this long in the deposition
22 Q. We will pull the invoices. 22 and have another business commitment. I'm going to
23 A. I'm more than happy to discuss it. I 23 need to take off, but we reserve the right to
24 just can't answer that without looking at them. 24 re-notice the deponent at a later time.
25 O. So who directed Robinson -- it doesn't 25 MR. CAL: Laura. iust to let you know --
50 (Pages 194 to 197)

a140fd45·f1 f8·4913·a4c8·ace8dd24d060
Page 198 Page 200 1

1 we can talk about this later -- as far as I know, 1 Q. And it's for the period 811/2007,
2 there's nothing that's going to preclude you from 2 correct?
3 filing your own motion for Rule 2004 examination, if 3 A. Correct.
4 that becomes necessary. Thank you, Laura. Have a 4 Q. And if you look at the fIrst continuation
5 nice weekend. 5 sheet, the application appears to be dated August 1,
6 MS. O'TOOLE: Thank you. 6 2007, correct?
7 (Deposition Exhibit 17 was marked.) 7 A. Correct.
8 Q. (BY MR. CAL) Taking a look at 8 Q. I'd like you to turn to ROBCON 195, which
9 Exhibit 17, let me state for the record that like 9 is the lien waiver. And is it accurate to say that
10 exhibit I think it's 13 and 15, these are the pay 10 the lien waiver appears to have been executed on
11 applications that we assembled into one composite 11 August 8, 2007, before the notary public? You see i t ,ff:
12 exhibit for Mt. Harris at Grassy Creek from the 12 says, "Subscribed and sworn before me this 8th day of i
13 documents produced to us by Robinson Construction. 13 August 2oo7"?
14 Let's just start with the second page of the exhibit. 14 A. Yes.
15 It's got the Bates No. ROBCON 2777. And it's for the 15 Q. That, again, would have been after the
16 period to July 15, 2006, and it's application No.1. 16 attempt by Mr. Sills to assert his control over MAPI;
17 Do you have that document in front of you, Mr. Moisan? 17 is that correct?
18 A. Yes, I do. 18 A. Correct.
19 Q. Okay. And, again, this is the standard 19 Q. And after Robinson Construction
20 AlA form of application for payment? 20 contemplated filing a lien in response to that attempt
21 A. Yes. 21 by Mr. Sills; is that correct?
22 Q. SO, again, the discussions we've already 22 MR. BERNSlEIN: Object to the form of
1-~_4_3. . . . ;.~o,&~
....c-'':&:: g_te_~_~_~_~d~_~_.is_o li_~ l_'~_m_ead_s. ,J,~, -;_~_O:_k_d_~, -d_e_n. . b.d-" " i-~_~
.....n_e
2 5 Sprin~s -- I'm sorry -- for the Villa~es of Hayden pay
n_'ve_e
Page 199
25
_!: ,.~_s. ;,~_~_n_.
_ _th_a_t I_h_e_ar_th_a...<t,--on_e_a_g_aID_'_?
Q. (BY MR. CAL) Pardon?
Page 201 il
; •.,[.
,I.,.. .
1 application would be true of this pay application 1 A. Can I hear that question again.
2 also? 2 (The question beginning on page 200, line
3 A. Yes. 3 20, was read back as follows: "And after Robinson
4 Q. Okay. I'd ask you to please go to what 4 Construction contemplated filing a lien in response to
5 appears to be pay application 15 for the period to 5 that attempt by Mr. Sills; is that correct?")
6 February 28,2007. It's ROBCON No. 207. Tell me when 6 MR. BERNSlEIN: Same objection.
.~
7 you're there. 7 A. Yes. ;i
8 A. Okay. 8 Q. (BY MR. CAL) In fact, one of the options ~
9 Q. This is for work performed through 9 that Mr. Robinson and Robinson Construction considered!
10 February 28,2007; is that correct? 10 during the fIrst week of August 2007 in response to
11 A. Correct. 11 Mr. Sills' attempt to take control was to assert
12 Q. And the amount requested is $5,055.14, 12 whatever lien rights it had, right?
13 correct? 13 MR. BERNSlEIN: Objection to form.
14 A. Correct. 14 A. Can I hear that question again as well?
15 Q. And there's no retainage at this point, 15 (The last question was read back as
16 correct? 16 follows: "In fact, one of the options that Mr.
17 A. Correct. 17 Robinson and Robinson Construction considered during
18 Q. Okay. Now, let's flip to pay application 18 the first week of August 2007 in response to Mr.
19 No. 16, and this is ROBCON Bates No. 192. Let me know 19 Sills' attempt to take control was to assert whatever
20 when you're there. 20 lien rights it had, right?")
21 A. Okay. 21 A. I'm not going to answer to what Randy
22 Q. Now, in this invoice Robinson 22 considered as an option. It's apparent what route we
23 Construction is seeking payment in the amount of 23 took because of the breakdown and because of where
24 $16,819.88; is that correct? 24 we're at.
25 A. Correct. 25 O. (BY MR. CAL) Were you aware in
51 (Pages 198 to 201)
a140fd45-f1 f8-4913-a4c8-ace8dd24d060
Page 202 Page 204 ;"

1 August 2007 that Robinson Construction considered 1 mobilization of $3,380; is that right?
2 filing a lien in response? 2 A. Yes, that is correct.
3 A. Yeah. 3 Q. And general conditions of $2,160.94?
4 Q. Yes? 4 A. Yes.
5 A. Yes. 5 Q. SO to do less than $2,000 worth of work
6 Q. Okay. Now, on the continuation sheet for 6 for survey, land marking, site excavation, and site
7 pay application 16 -- and this is ROBCON Bates 7 utilities, it's charging mobilization and general
8 No. 193-- 8 conditions in excess of $5,000; is that right?
9 A. Yes. 9 MR. BERNSlEIN: Object to the form.
10 Q. -- again we see an item for snowplowing l O A . I'd be more than happy to look at the
11 for $2,911.25 correct? 11 invoices and tell you what that represents.
12 A. That is correct. 12 Q. (BY MR. CAL) But would you answer my
13 Q. Then there's something for equipment 13 question. Did I get that right?
14 mobilization. What's that? 14 A. I don't believe your question is correct,
15 A. I would have to look at that invoice to 15 because you're assuming that general conditions is
16 tell you exactly what it was. I would be happy to do 16 only for that surveying, and we are billing for 5,000
17 that. 1 7 approximately in general conditions. It is what it is
18 Q. What type of equipment mobilization would 18 for. I would be more than happy to tell you if I had
19 have been going on in this time period? 19 the invoice.
20 A. On the Mt. Harris project we were 20 Q. SO the mobilization and general
21 installing utility road crossings and doing as-builts 2 1 conditions for the last pay application, if we add
22 for the utilities that were installed. And, again, if 22 them up, is about $5,400, right?
~~ ~: ~~~s:~~eo::~::i/:~~ performed during

23 you would like me to get the invoice, I'll tell you
24 exactly what piece of equipment it is. jj
25 Q. Would you be able to grab that invoice 25 the period of this pay application, site utilities? I
Page 203 Page 205 "\
1 yourself here today? 1 A. As-builts on this pay application?

2 A. If you show me where you have it, I will 2 Q. Yes, sir.
3 be more than happy. 3 A. Appears that we have site excavation for
4 Q. SO I would have to hand it to you? Do 4 $900, site utilities for $130, as well as survey for
5 you know whether that invoice is in the documents you 5 $870.
6 produced to us? 6 (Deposition Exhibit 18 was marked.)
7
8
9
A. I believe that invoice is in the
documents that were produced to you.
Q. Okay. Now, let's go to pay application
7
8
9
Q. Okay. Do you have in front of you what's
been marked as Exhibit 18, Mr. Moisan?
A. Yes, I do.
II
10 No. 17 for the period through September 20, 2007. And 10 Q. And could you tell us what the fIrst page
11 if you look at the last page, the conditional release, 11 is.
i
12 this one was sworn to on, looks like, the 19th day of 12 A. It's an invoice from Mountain States II
13 September 2007; is that right? 13 Company.
14 A. Yes. 14 Q. What's it an invoice for?
15 Q. Yes? 15 A. The description of work states, "Gate
16 A. Yes. 16 wiring, pumps and outlets."
17 Q. And the amount of this is $6,129.63. Is 17 Q. Do you know which job site this would
18 that the amount that Robinson is requesting be paid? 18 have been for?
19 A. According to this, yes. 19 A. Job No. 0695 is Hidden Springs, I
20 Q. And now we see -- we go to this infamous 20 believe. Maybe I need to verify that.
21 snowplowing category on the continuation sheet and it 21 Q. 695 is Hidden Springs?
22 looks like Robinson is deducting a portion of the 22 A. Yes.
23 prior snowplowing invoice; is that right? 23 Q. And would this have been the work that
24 A. That appears to be correct. 24 was reflected on the last Hidden Springs pay
25 O. And Robinson is charging eauioment 25 aoolication for entrance gate? Look at the second
52 (Pages 202 to 205)

a140fd45-f1 f8-4913-a4c8-ace8dd24d060
Page 206 Page 208 ii

"
1 page of the exhibit, too. I think if you add those 1 that first week of 2007.
2 two up -- 2 A. The first week?
3 A. Yes. 3 Q. I'm sorry. The first week of August of
4 Q. -- if we add up the fust two pages, we 4 2007, was there some discussion about completing all
5 have 143,573, correct? 5 of the work in the fust week of August 200n
6 A. That's correct. 6 A. Yes, there was.
7 Q. SO this is the work that is reflected on 7 Q. With who?
8 the entrance gate pay application 17 for Hidden 8 A. There was discussions with Rob Sills, Don
9 Springs; is that correct? 9 Anderson, the whole group, what are we going to do
l O A . Appears to be, yes. 10 with the million dollars worth of work not complete,
11 Q. According to this, there was a priority 11 we're in the process of finishing up landscaping,
12 scheduling for this work, right? 12 we're in the process of finishing items around, do you
13 A. But also according to this they had 13 want us to complete the asphalt or not.
14 started early in July and this shows that they were 14 Q. Did you say, Do you want us to complete
15 not complete. So Ryan Barackman probably told them at 15 the gate at Hidden Springs or not?
16 the end of July, get this done. They showed up on 16 A. I don't recall a specific --
1 7 August -- doesn't say -- apparently says that they 17 Q. SO you don't --
18 showed up August 10 to finish. 18 A. -- conversation.
19 Q. Where does this indicate to you that they 19 Q. -- you don't recall that conversation
2 0 started the work in July? 20 about the gate, do you?
I
21 A. On page 2, ROBCON 00284, date 7/8. It's 21 A. I don't recall a specific conversation
~::e:m:,~=wS:::~ ~=:::~~ was

2 2 hard to read that. 22
23 Q. Yeah. 23
24 A. 6/3/07, 8/8/07. 24 not complete.
25 Q. SO maybe that's August 8, 2007, huh? 25 Q. SO that would have been --
Page 207 Page 209 ~1
1 A. It could be. 1 A. There could be a list of complete work
2 Q. Could be. Hard to say. We'll have to 2 and incomplete work coming out of the project I: :~
3 ask Mountain States, huh? 3 management. ~:
4 A. Right. 4 Q. SO that would have been a conversation ~j

5 Q. And do you know why this work would have 5 between two employees of Robinson Construction, ~
6 been performed under priority scheduling? 6 correct? ~

il
7 A. Trying to finish up open items and get 7 A. I believe the list of complete work is
11
8 out. 8 probably out for everybody. :~~
:::
9 Q. And, again, I just want to make sure 9 Q. No. The conversation that you had with
10 we're clear on this. There were discussions 10 Mr. Barackman, I'm talking about Mr. Barackman was an
11 apparently tltroughout 2007 about some work that had to 11 employee of Robinson Construction, right?
~jj
!
12 be completed, right? 12 A. Yes. ~
~.
13 A. Correct. 13 Q. And you're an employee of Robinson ~~.
:~
14 Q. But as far as you're able to recall 14 Construction, right? )j)
15 today, in early 2007 did any representative ofMAPI 15 A. Yes.
16 direct Robinson Construction to complete the gate 16 Q. SO that's a conversation between two "
~1
17 wiring for the Hidden Springs job? 17 Robinson Construction employees, correct?
18 A. As I said before, specifically I don't 18 A. Correct.
~.
~.
19 recall specific direction to finish up the gate wiring 19 Q. I want to focus you now please on the ~j
20 at Hidden Springs. There had been discussions -- 20 August and September 2007 time frame. Were any
21
22
23
Q. I don't care --
A. -- about completing all of the work.
Q. When were those discussions?
21
22
23
Robinson employees on site out at the projects up in
Hayden?
A. As I told you this morning, I could refer
~[j
~~
I
24 A. Throughout 2007. 24 back to timecards to answer that directly. There was
25 o. Throughout 2007. What I'm focusing on is 25 no proiect management on site. There may have been
53 (Pages 206 to 209)

a140fd45-f1 f8-4913-a4c8-ace8dd24d060
Page 210 Page 212

11
1 employees in and out for things like mobilization. I 1 Barackman from Robinson requested that Booco put
2 would have to look at the timecards. 2 markings out where their road crossings were. I,
3 Q. Okay. Let's take a look at the third 3 Q. Now, next page, tell me what this invoice ~~
~~
4 page of Exhibit 18 please and tell me what that 4 is for, please. Well, I'm sorry. One step back. I'd
5
6
represents.
A. Represents an invoice for Gerlock Towing
5
6
like to return to the Booco contract for these road
crossings. Which job was this for?
I
:::
]~j
7 to go pick up our job trailer that was on site. 7 A. Mt. Harris. III
8 Q. SO to remove the Robinson job trailer? 8 Q. It's Mt. Harris. Okay. Next page, tell ~:
:::
9 A. That's correct. 9 me what this is.

10 Q. SO was Robinson Construction relying upon 10 A. There was some landscape material,
11 the removal of its job trailer from the site as the 11 boulders that had been purchased earlier on in the
12
13
14
15
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.
12
13
14
15
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
II
16 Q. I'll represent to you that these are the 16 that's what this is for. "
~.:
17 invoices that were produced to us by Robinson 17 Q. Who wanted the material removed? I
il
18 Construction in specific response to our specific 18 A. The gravel pit that was storing the
19 request for invoices reflecting the last dates worked 19 boulders for us. I
20 for each of the jobs. 20 Q. They specifically requested to get the
21
22
A. Okay.
Q. SO is that what these are?
21
22
rock out of their gravel pit?
A. That's correct.
I~~
:::
23 A. These are invoices for the last amount of 23 Q. Let's take a look at the next page, :::
24 work that happened on these projects. As far as 24 please. It's a Landmark invoice, and tell me what \~
25 whether or not these are the dates that have been 25 this is for. I:::
~1
Page 211 Page 213
il
1 represented as our last date on the site, I can't 1 A. This is for engineering work from ~l
2 speak to that right now accurately. 2 Landmark Consultants.
3 Q. Okay. But what these invoices do reflect 3 Q. What's it mean, "Asphalt quantities for m
4
5
is the costs to Robinson Construction for removing its
trailer from the site?
4
5
Mt. Harris for Booco"?
A. Apparently Booco had asked for the
I
6 6
*[II
A. Correct. asphalt quantities.
7 Q. How did you allocate that between the 7 Q. SO you're not pouring asphalt at this it
8 three jobs? 8 time? It's just how much more asphalt do we need to
9 A. Just like it says here on the invoice, we 9 pour; is that what this is?
10 allocated general conditions costs by percentage of 10 A. No. This is mis-billed.
11 contract in the overall contracted amount between the 11 Q. It's a mistake in the bill, you think?
12 three projects. 12 A. I believe so.
13 Q. SO if you receive a check that reflects 13 Q. The asphalt quantities you think is
14 specific invoices for specific jobs, would Robinson 14 wrong?
15 apply those payments the way they're reflected on the 15 A. Yes.
16 checks? 16 Q. Do you know whether you actually
17 A. Yes. 17 invoiced -- never mind.
18 Q. I'd like you to take a look at the 18 How about the next item, the locating
19 invoice for Booco Contract Services. It's dated 19 conduits? What's that?
20 August 21,2007. Do you see that? 20 A. That's work that we directed for
21 A. 67917 21 as-boots on the drawings. It's our survey crew.
22 Q. That's the one. 22 Q. And the draft conduits sent to YVEA,
23 A. Yes. 23 what's that?
24 Q. Could you tell us what this work was for. 24 A. That's the as-builts being put into
25 A. It appears like Rvan Robinson was -- Rvan 25 drawing form and sent to Yampa Vallev Electric
54 (Pages 210 to 213)

a140fd45-f1 f8-4913-a4c8-ace8dd24d060
Page 214 Page 216 :1
1 Association as a requirement of the Grassy Creek at 1 Q. Okay. So there's a maintenance and

2 Mt. Harris project. 2 warranty bond?
3 Q. Has Robinson Construction paid Landmark 3 A. There is a maintenance and warranty bond
4 for this work? 4 posted.
5 A. I would assume so. 5 Q. Tell me what your understanding of the
6 Q. Pardon me? 6 purpose of the maintenance and warranty bond is. I
7 A. I would assume that, yes, they are paid. 7 MR. BERNSlEIN: Object to the form and ;i
:0 f01~~;~~n~~:~~~'CODStruetiOn
8 Would you like me to call and make sure?
9 Q. Sure, but not right now.
10 A. Okay. .,il:...,I..
11 Q. Next page, what's this? 11 have to enter into indemnification agreements with the :
12 A. This is the completion of the gas pipe -- 12 bond company to obtain that bond?
13 natural gas pipeline at Villages of Hayden. 13 MR. BERNSlEIN: Objection, form and
14 Q. This is Villages of Hayden. Do you know 14 foundation.
15 if this work was actually performed in the July 2007 15 A. Under normal circumstances, yes, so I
16 time frame? 16 would assume -- I don't have the bond in front of me.
17 A. Yes, it was. 17 MR. GRAGG: Pretty funny looking bond you J.
f~
18 Q. Okay. At least one timely. What's the 18 got there, Peter.
19 next invoice that's the August 10,2007, invoice? 19 MR. CAL: Do you have a better one?
20 A. This is another invoice from a trucking 20 MR. GRAGG: One that's signed?
21 company that we used to bring equipment. They hauled 21 MR. CAL: Did you produce it to me?
22 a piece of equipment from Hayden that was on site for 22 MR. GRAGG: No.
23 the completion of the work back to Hillsboro. 23 MR. CAL: Why not?
24 Q. Okay. How about the next one, August 16, 24 MR. GRAGG: Because there is no such
25 200?? 25 thing.
Page 215 Page
1 A. The next one is a copy of a previous 1 MR. CAL: There is no such what?
2 invoice. And the reason it has double copies is 2 MR. GRAGG: There is no signed bond.
3 because it's in each job fIle. 3 MR. CAL: There is no signed bond.
~ (~~~nc~b~~~~~o~~e~~
4 Q. Great. Thank you. Let's talk about the
5 fidelity bond. Robinson Construction caused a Q. what the .1
6 fidelity bond to be posted for infrastructure work 6 first two pages of Exhibit 19 reflect. .
7 that still had to be performed; is that right? 7 A. They would reflect what we commonly
8 A. Are you referring to the city-required 8 referred to as a maintenance bond.
9 street maintenance bond -- maintenance and warranty 9 Q. And what -- so you're familiar with these
10 bond? 10 types of maintenance bonds?
11 Q. This is -- do you know there's a -- 11 A. Yes, I am.
12 A. Performance bond? 12 Q. And Robinson Construction has posted
13 Q. -- subdivision improvement agreement? Do 13 maintenance bonds in the past?
~~ ~: ~f~'~~::~
14 you know what I'm talking about?
15
16
17
A. Okay.
Q. Do you know what I'm talking about?
A. Yes.
Construction post a
~ ~ ~:~~:~e bond for the incomplete work at Villages III
18 Q. And that's a subdivision improvement 18 A. It is not complete and was never
19 agreement with the town of Hayden, correct? 19 fmished.
20 A. Yes. 20 Q. What is not complete?
21 Q. And did Robinson Construction cause a 21 A. This is not a valid bond. It's not
22 fidelity bond to be posted for that work? 2 2 stamped and there is no valid bond, and I can answer
23 A. Robinson Construction provided a 23 to that actually.
24 maintenance and warranty bond for that work. I'm not 24 Q. Okay. Why don't you answer to why
25 exactlv sure what vou mean bv "fidelitv bond." 25 there's not a valid bond.
55 (Pages 214 to 217)

a140fd45·f1 f8·4913·a4c8-ace8dd24d060
Page 218 Page 220 ~

ili
1 A. Because the original subdivision 1 A. Okay. I
2 improvement agreements was going to be with Robinson 2 Q. On paragraph 6, commitment guarantee, it ••
3 Construction, and the 4S group took that upon 3 says, "Developer's performance under this Agreement is j\
4 themselves because of a timing issue. And we were 4 guaranteed by a letter of credit from Vectra Bank f o r ,
5 prepared to put a bond in place in November and when 5 $501,951 and a performance bond in the amount of ~
6 4S was needing the city to release permits the next 6 $1,300,000 for warranty on improvements completed!
7 spring, they took on the subdivision improvement 7 prior to platting." Do you see that? ~.
8 agreement with the city instead of having that made 8 A.I~ J
9 out to us. So the city, in fact, never did come back 9 Q. Is there, to your knowledge, a 'I
10
11
12
and request or require that Robinson Construction do
the maintenance bond.
Q. Okay. So just so I'm on the same page
10
11
12
performance bond in the amount of $1,300,000 for the
;:i on the improvements completed prior to
~
I
13 here, in November 2006, did Robinson Construction post 13 A. The agreement here is made between 4S ••
14 a bond? 14 Development and the town of Hayden, and I have no idea Ii
15 A. It was never completed. 15 if 4S actually got a $1.3 million bond--
16 Q. But at that time -- 16 Q. SO you don't know?
17 A. We were prepared to post the bond. 17 A. -- for the improvements.
18 Q. -- you were prepared to post the bond in 18 Q. You don't know?
19 the event there was a contract between Robinson 19 A. I can't speak for 4S.
20 Construction and the town of Hayden? 20 Q. SO you don't know?
21 A. Yes. In the event that the town of 21 A. I don't know. Sorry.
22 Hayden was going to require the subdivision agreement 22 Q. That's okay, but you do know for a fact
23 to be between Robinson Construction and the city of 23 that Robinson Construction has not posted a
24 Hayden. 24 $1.3 million bond for warranty on improvements?
25 Q. And do you know when the subdivision 25 A. That is correct.
Page 219 Page 221 I
1 improvement agreement was first executed? 1 Q. Okay. Did Robinson ever generate a
2 A. All I can tell you is just by looking at 2 document for what it believed was the work that still
3 the document that you've given me, appears like March. 3 needed to be complete on the infrastructure at
4 Q. Read the title of the document you're 4 Villages at Hayden?
5 talking about, please. 5 A. I believe so, yes.
6 A. Subdivision Improvements Agreement. 6 Q. And do you remember when that document
7 Q. For Villages of Hayden, filing 1? 7 was created?
8 A. For Villages of Hayden, filing 1. 8 A. I didn't create it, so I don't know
9 Q. This indicates that this document was 9 exactly what date it is.
10 recorded on March 22, 2007; is that right? 10 (Deposition Exhibit 20 was marked.)
11 A. Yes. 11 Q. Okay. We'll show you some documents in a
12 Q. And this is -- to your knowledge, this 12 second. When you've had a chance to review the
13 is -- maybe it's not. Have you seen this document 13 document, let me know, please.
14 before? 14 A. Okay.
15 A. I have not, no. 15 Q. And what is that document?
16 Q. But as far as you know, there was never a 16 A. This is the list of items to complete at
17 bond posted by Robinson Construction because Robinson 17 Villages of Hayden and Hidden Springs subdivision.
18 Construction did not enter into the contract with the 18 Q. What does it indicate in terms of what
19 Villages of Hayden? 19 still needed to be done on September 25, 200n
20 A. That is correct. We were prepared to do 20 A. Would you like me to read the list?
21 that in November, the year before. 21 Q. Well, let's ask a different question. It
22 Q. Okay. So take a look at page 2 of this 22 says -- I assume that should say "to whom it may
23 document. I want you to look at paragraph 6. 23 concern"?
24 A. Subdivision improvements agreement? 24 A. Yes.
25 O. Yes, please. 25 O. Who was this document being drafted for?
56 (Pages 218 to 221)

a140fd45·f1 f8·4913·a4c8·ace8dd24d060
Page 222 Page 224 ;

m
1 A. This document was being drafted for 1 pathway. You see that?
l~
2 basically anybody that wanted it. 2 A. Yes. :;:
:~
3 Q. What was the purpose of drafting it? 3 Q. Was any work performed on the 8-foot !ll
4 A. Because Ron Sills, Roger Johnson, Don 4 concrete pathway between November 2, 2006, and ~1
5
6
Anderson, all of the parties concerned wanted to know
what was left to do at Villages of Hayden because the
5
6
September 25, 200n
A. Not that I'm aware of. I
7 Sills group had made claim that there was fmancing in 7 Q. SO that would be an item that still has III
8 place to complete the work. 8 to be performed? ~•.

~
9 (Deposition Exhibit 21 was marked.) 9 A. Yes. :::.
~~:
10 Q. And then I'd like you to take a look at 10 Q. That's reflected on your September 25, ,.
11
12
13
14
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.
11
12
13
14
2007, correct?
A. Yes.
Q. How about the 4-foot gravel trail,
$4,868? Was any of that work performed?
~j
I
15 A. This is a list of the unfmished work 15 A. No.
II
16 that was going to be left until we could return in the 16 Q. SO that still has to be performed as il
17 spring or summer, depending on the construction 17 reflected on your Exhibit 20, right? ~1
18 ;~
18 schedule for the summertime, that was being proposed A. Right. il
19 prior to Ryan Barackman leaving the project. 19 Q. Gas service here, $85,500 on your
20
21
22
Q. Okay. And was this an attempt to make
sure you included everything that was needed on
Villages of Hayden?
20
21
22
November 2,2006, invoice, right?
A. Correct.
Q. Was there gas service work performed l
~
::;
I
23 A. No. It was a proposed -- it was a 23 between November 2,2006, and September 25,2007, on \~
24 proposed -- you know, it was a proposal, this is what, 24 Villages of Hayden? ~.
25 in our opinion, needs to be completed next year. 25 A. Yes, sir, there was. II
Page 223 Page 225
I
1
2
Because of weather, we were having a hard time getting
anything done in the weather.
1
2
Q. And was it completed?
A. I don't believe it was complete. We "
i
:~
3 Q. Assuming all of this work were performed, 3 could roll back to this bill you gave me a little bit ~.
~~:
4 would Robinson Construction have fulfilled its 4 ago. :::
5 obligations under the construction contract? 5 Q. Can you fmd how much was on that bill
6 A. The contract scope would have been 6 and tell us what exhibit you're looking at, please. il
~~:
7 complete, yes. 7 A. I'm looking at Exhibit 18.
8
9
10
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 --
8
9
10
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
~:
:::
I
11 we're going to compare 20 and 21. Okay? 11 Lake Villages. ~.
12 A. Okay. 12 Q. SO it says, "Invoice for completion," but 11
13 Q. SO 21 includes general conditions, but 13 I guess I'm -- is that a misstatement? Is it complete

14 there are no general conditions on Exhibit 20, right? 14 or isn't it complete?
15 A. Exhibit 20 was after we had been told to 15 A. I would have to verify at this point
16 leave the project. We had de-mobed. It's a list of 16 whether gas service was complete.
17 unfinished items or items to complete for somebody 17 Q. Okay. Then there's phone/cable for
18 else, because we weren't going to be there, so no, 18 $84,000 listed on your Exhibit 21.
19 there's no general conditions. 19 A. Uh-huh.
20 Q. Okay. Now, on Exhibit 21 there's an item 20 Q. Was any work done for phone/cable between
21 for handicap ramps for $97,5OO? 21 November 2006 and September 2oo7?
22 A. Yes. 22 A. Not that I'm aware of. I could check on
23 Q. To your knowledge, were those installed? 23 that.
24 A. I believe they were installed, yes. 24 Q. Okay. How about landscaping? Any
25 O. And there's an item for 8-foot concrete 25 landscaoinl! done between the two dates?
57 (Pages 222 to 225)

a140fd45·f1 f8·4913·a4c8·ace8dd24d060
Page 226 Page 228 !:

1 A. Yes, there was landscaping ongoing during 1 the drawings, Peter.
2 the summertime. 2 Q. Now, the install park benches, why is
3 Q. SO presumably the amount needed to 3 that not on the November 2006 document?
4 complete the landscaping should be less? 4 A. Again, we would have to look. I'm not
5
6
A. It should be less. They are not
complete.
5
6
sure if they were part of the scope and original
portion. I don't know if they were in or not. I'm
I
~
7 Q. Okay. The top lift AC paving, would you 7 not sure. .,'
:~i!:::£~~i"~;E~~~~
8 tell me what that is. 8
9 A. When we built subdivisions, typically 9
10 they require a 3 to 4-inch section of asphalt in the 10 I
11 streets, and typical standard construction is where 11 just can't be because there's no bond to release; is
12 you'll put an inch and a half down or potentially 12 that correct?
13 2 inches down and then leave that and then when the 13 A. There was discussions about the bond and
14 houses are under construction or substantially 14 release of the bond, and through the whole deal it was I
15 complete, then the top lift would come back through so 15 recognized that in March of '07 apparently, according @
~~I~;O~o~U;~~o~~_O::::~~g;~~;%~t~:ve
16 that the housing construction doesn't damage the 16
17 street. 17
18 Q. SO that's an item where the work still 18 agreement on, Robinson Construction didn't, therefore 1,:,1
,1.:
19 would not have been performed, correct? 19 we never did actually have to post the bond, but we
20 A. Yes, that's not done. 20 were prepared for it.
21 Q. SO there's some items on the 21 Q. SO what were the discussions about --
22 September 25,2007, document that were not in the 22 when were the discussions about the release of the
23 November 2006 document? 23 bond?
24 A. Db-huh. 24 A. During the August breakup of this project
25 Q. That rock outcroppings relocated from 2 5 and all of the discussions about what is complete,
Page 227 2
1 Hockins pit, why is that in September 2007 but not in 1 what isnotcomplete. is
what getting comple:::': 91
2 November 2006? 2 we're at in the whole deal, the discussions about the .• ,.1
3 A. Because between November 2, 2006, and 3 bond and the requirements of the subdivision agreement
4 September 25, Ron Sills had also requested additional 4 came into those conversations.
5 work be done at Villages of Hayden. These rocks had 5 Q. SO this is August 20071
6 been purchased. These are the rocks that were hauled 6 A. Db-huh.
7 out of -- apparently now we've answered our earlier 7 Q. Did you tell people in August 2007, What
8 question -- the Hockins pit. There's additional work 8 do you mean, there is no bond to release?
9 that has been created or been requested by Ron Sills 9 A. Not that I'm aware of.
10 and the 4S group. 10 Q. What did you say in response to people
11 Q. Okay. Storm culverts at pathway, what's 11 who were talking about the bond?
12 that? 12 A. That there should be a bond posted that
13 A. I'd have to look at the plans to show you 13 is going to need to be released.
14 that, but it would be a culvert crossing. 14 Q. SO do I understand right, you were
15 Q. Why is it not included in the November 2, 15 assuming that there was a bond posted by someone else
16 2006, document? 16 or did you think there was a bond posted by Robinson
17 A. Because it could have been work also that 17 in August 20071
18 they were trying to complete in the November time 18 A. I'm not saying that I assumed anything
19 frame when we were still on site in and out of the 19 about anybody else, but we had been prepared to post
20 weather, because remember, I said the ftrst one was a 20 this bond. It was documented, ready to go. In
21 proposal of work to leave open. 21 between the time frame of the city requiring it, 4S
22 Q. Now, the storm culverts at pathway, if 22 took on their work and it was our understanding that
23 you just had to take a guess, a swag, is that 23 we still may have this bond hanging out there that
24 something that's like $10,000 or $100,000? 24 would need to be released or the requirements would
25 A. It could be both. I'd have to look at 25 need to be released.
58 (Pages 226 to 229)
Page 230 Page 232 ,!
1 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
1
2
3
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
I
4 Villages at Hayden? 4 posted has not been posted; is that correct?
5 A. Yes. 5 MR. BERNSTEIN: Object to the form.
6 Q. You did? 6 A. That would be assuming that the
7 A. I did, yes. 7 conversation had taken place.
8 Q. Subsequently you determined that the bond 8 Q. (BY MR. CAL) The point is Robinson &
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
9
10
11
12
13
sonsrE~:~=::::::m ~
position from information learned from Robinson
Construction that Robinson Construction has not posted .
I
I
14 the discussions were being had about what was 14 a bond for the work to be performed at Villages o f l
15 complete, what was not complete, and how to move out 15 Hayden; is that correct?
16 of that project. 16 MR. BERNSTEIN: Object to the form.
17 Q. How did you determine this? 17 A. I don't understand that series of
18 A. I don't recall a specific conversation or 18 questions. Are you making the claim that -- I'll let
19 who told me. It's in discussion. 19 you -- I don't understand the question, Peter.
20 Q. With whom? 20 Q. (BY MR. CAL) Is it a good thing or a bad
21 A. I don't recall, Peter. 21 thing for the other members of MAPI that Robinson
22 Q. Was it with other members of MAPI? 22 Construction has not posted the $1.3 million bond?
23 A. No. 23 MR. BERNSTEIN: Object to form.
24 Q. Was it internal within Robinson? 24 A. You're asking me to speculate on what the
25 A. It would have been most likely, yes. 25 good thing and bad thing for MAPI is in this case?
Page 231 Page 23311
1 Q. What was the reaction when you found out 1 Q. (BY MR. CAL) If you were a member of
2 you hadn't posted a bond? 2 MAPI, wouldn't you want a bond to be posted for the
3 A. One less thing we have to unwind. 3 work that had to be performed?
4 Q. It's like, whew, we didn't post that bad 4 MR. BERNSTEIN: Object to the form.
5 boy, huh? 5 A. I don't know if 4S has posted the bond or
6
7
8
MR. BERNSTEIN: Objection.
Q. (BY MR. CAL) I mean, that meant you're
off the hook $1.3 million?
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
I
if
9
10
11
12
A. Sure.
MR. BERNSTEIN: Objection to the form.
Q. (BY MR. CAL) When did you tell the other
members of MAPI that you had not posted the bond?
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.
I
13 A. I don't know that I personally have told 13 Q. SO in these discussions about the bond,
14 the other members of MAPI that the bond hadn't been 14 who were they -- what bond do you think they were
15 executed. 15 talking about?
16 Q. Has anyone from -- go ahead. 16 A. Who was talking about the bond? I told
17 A. The discussions were about 4S taking over 1 7 you I had told them that -- Don Anderson and Ron Sills
18 the subdivision agreement in March and -- 18 that there was a bond in place.
19 Q. Have you personally told anyone outside 19 Q. SO were you talking on behalf of Robinson
20 of Robinson Construction that Robinson Construction 2 0 Construction or Robinson & Sons when you told them the
21 has not posted a bond? 21 bond was in place?
22 A. No, I have not. 22 A. In the conversations about what was
23 Q. SO Robinson & Sons is still a member of 23 completed, what was not completed, what was left to
24 MAPI; is that right? 2 4 do, the bond issue, warranty issues, punch list
25 A. That is correct. 25 issues, I was talking on behalf of Robinson
59 (Pages 230 to 233)

a140fd45-f1 f8-4913-a4c8-ace8dd24d060
..
Page 234 Page 236
j
1 Construction. 1 A. No. I thought we had posted the bond.
2
3
4
5
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?
2
3
4
5
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
;::.
!I
infrastructure work? :::
x
6 A. Based on my understanding that the bond 6 A. March 2007, I knew that it was taken care
7
8
9
was posted, yes.
Q. And since you provided that information
to the members of MAPI in August 2007, have you
7
8
9
of.
Q. How did you know it was taken care of?
A. I hadn't been getting any more requests
*
~~j
I
10
11
corrected the misstatement?
A. Not formally, no.
10
11
or there was not any open issues concerning the bond
or the agreement with the town of Hayden being
i
~j:
:=:
12 Q. Have you done h infurmally? 12 presented to Robinson Construction. Now, at the same ~~~~~j
:::.
13 A. No. 13 time, through the course, there was the letter of ~:;
:::
:::
14 Q. SO you haven't done it at all then; am I 14 credit produced and debt applied against the Mt. 111
15 right? 15 Harris property that I was aware of that was for the
16 A. You are right. 16 city requirements. I
17 Q. SO the other members of MAPI are merrily 17 Q. Okay. Who was the lead -- Mr. Barackman ~:
18 going along thinking they've got a bond posted because 18 was the project manager who was on site on a weekly "
19 Mr. Moisan from Robinson Construction told them that 19 basis in 2006, correct? III
20
21
Robinson Construction had posted a bond?
MR. BERNSTEIN: Objection to the form.
20
21
A. Correct.
Q. And you were also on site on a weekly :~
I
22 A. I don't know what they're thinking. 4S 22 basis in 2oo6? ~.
23 has the agreement. 4S is the one that told me they 23 A. Ryan Barackman was on site every day ~.
24 had the agreement. 24 through the course of the construction project. I ;~,
25 Q. (BY MR. CAL) Stop with the 4S. You've 25 came in every week for meetings. II:
Page 235 Page 237 I

1 got your talking points down. 1 Q. And Ryan Barackman reports to you; is
2 A. I have what? 2 that correct?
3 Q. Your talking points, you have them down 3 A. That's correct.
4 real well. You told 4S and the other members of MAPI 4 Q. SO you're in the chain, you're up the
5 that Robinson Construction had posted a bond? 5 food chain from Mr. Barackman, correct?
6 A. Yes. 6 A. Correct.
7 Q. Now, they didn't tell you, We know you 7 Q. Who's up the food chain from you?
8 really didn't do it, did they? 8 A. Randy Robinson.
9 MR. BERNSTEIN: Objection to the form. 9 Q. SO it's Randy Robinson, Kirk Moisan, and
10 A. No. I was told that 4S created -- or 10 Ryan Barackman for the projects up in Hayden; is that
11 executed the agreement with the city, the subdivision 11 correct?
12 agreement with the city, which would then put that 12 A. That's correct.
13 requirement upon 4S's back, not Robinson 13 Q. And so the number two guy in the
14 Construction's. Once we realized that they actually 14 hierarchy for Robinson Construction thought that
15 posted the bond, it's not an issue for us anymore. 15 Robinson Construction had posted the bond?
16 Q. (BY MR. CAL) So it wasn't until sometime 16 A. That's correct.
17 in August 2007 that you found out that Robinson 17 Q. And didn't really care apparently about
18 Construction hadn't signed the contract with the town 18 who had signed the contract with the town of Hayden to
19 of Hayden? 19 perform the work?
20 A. That's correct. 20 MR. BERNSTEIN: Objection, form.
21 Q. SO all through 2000 -- so from 21 A. That's your speculation.
22 November 2006 through August 2007, you on behalf of 22 Q. (BY MR. CAL) Did you care? It was
23 Robinson Construction thought that Robinson 23 important to you, wasn't it?
24 Construction had executed a contract with the town of 24 A. The requirements and the issues and
25 Hayden to complete the infrastructure? 25 priorities of the proiect that was not one of them.
60 (Pages 234 to 237)

a140fd45-f1 f8-4913-a4c8-ace8dd24d060
Page 238 Page 240

1 It had been taken care of. 1 ever gone to tell the other members of MAPI that, in !
~~.
2 Q. And as the general contractor doing the 2 fact, if there's a bond on this job, it's not Robinson ~.
3 work, you never cared about how it had been taken care 3 Construction's bond? il
4 of! 4 A. You're correct. ~
5 MR. BERNSTEIN: Objection to form. 5 Q. But in August 2007 you had told them that ~\
6 A. No. 6 Robinson Construction had posted a bond? I,
7 Q. (BY MR. CAL) When did Mr. Robinson learn 7 A. Yes, I did. ~~;
;~
8 that Robinson Construction had not posted the bond? 8 Q. Okay. Was there any other work -- in
9
10
11
12
MR. BERNSTEIN: Objection to form.
A. I'm not sure. I don't know.
Q. (BY MR. CAL) Did he learn it from you?
A. No.
9
10
11
12
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
I
~
§
~~.
13 Q. Who did he learn it from? 13 work in or near Hayden? Cliffs? ~j

14
15
A. I don't know.
Q. Who did you learn it from?
14
15
A. That is Mt. Harris.
Q. Cliffs and Mt. Harris are the same? I
16 A. I'm not aware of the specific person that
told me. It was in a conversation. I don't know.
16
17
A. Exactly the same.
Q. Different, same thing. Looks like you're
i
17
18 Q. Do you know whether the town of Hayden 18 thinking. Are there other projects other than those
I~l
19
20
21
thinks that Robinson Construction posted a bond?
A. I don't know.
Q. Have you had any discussions with the
19
20
21
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.
I
22
23
24
town of Hayden about whether Robinson Construction had
posted a bond?
A. I have not.
22
23
24
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.
II
~:
25 Q. Do you know whether anyone from Robinson 25 Q. Different employees on each job?
~'
Page 239 Page 241
I:
1 & Sons has informed anyone from MAPI that Robinson 1 A. Not to say that they couldn't go back and il
2 Construction has not posted the bond? 2 forth. .:
3 A. I don't know that anyone from Robinson & 3 Q. Did they?
4
5
6
Sons has informed any other members of MAPI that
Robinson Construction did not post a bond.
Q. Has anyone from Robinson Construction
4
5
6
A. I don't know. I'd have to look at
timecards.
Q. Were the folks from Oklahoma involved in
II
7 informed Robinson & Sons that Robinson Construction 7 the job in Eagle in any way?
8 has not posted the bond? 8 A. No.
9 A. There would not be a formal process for 9 Q. Was Mr. Keys involved in the job in Eagle
10 that. If Randy Robinson knew Robinson Construction 10 in any way?
11 did not post a bond, then as a manager of Robinson & 11 A. No.
12 Sons, then he would know that Robinson Construction 12 Q. Was RK Enterprises involved in the job in
13 didn't post a bond. 13 Eagle in any way?
14 Q. And you also told us earlier this morning 14 A. No.
15 that you represented both Robinson Construction and 15 Q. What was the job in Eagle?
16 Robinson & Sons on this job, correct? 16 A. Costco Wholesale.
17 A. That is correct. 17 Q. You know, I have not been able to put my
18 Q. And so you know that Rob -- you know in 18 hands on the contract from Mt. Harris at Grassy Creek
19 your capacity as a representative of Robinson & Sons 19 for that work, the AlA contract. Does one exist?
20 that Robinson Construction did not post the bond? 20 A. There is one, yes.
21 A. Okay. 21 Q. I don't think that's been produced to us.
22 Q. Is that true? 22 If you could fmd it in my documents, I'll appreciate
23 A. That's true. 23 it. Now, the lien claim that Robinson asserted in
24 Q. And as far as you know, no one from 24 Villages at Hayden, did it assert that lien claim just
25 either Robinson Construction or Robinson & Sons has 25 on filing 1 or did it assert it on a larger piece of
61 (Pages 238 to 241)
a140fd45-f1 f8·4913·a4c8-ace8dd24d060
Page 242 Page 244 "!

~.
1 property? 1 Don Anderson.
2 A. I'm not sure I understand. 2 Q. Do you know what the charges -- what
3 Q. You know what I mean when I say filing 1, 3 would be the approximate charges for that work that
4 ooyOO? 4 was done outside of filing I?
5 A. Yes. 5 A. I'd have to go back through and look that
6 Q. Is filing 1 the 42 acres? 6 up.
7 A. Filing 1 is the 42 acres, yes. 7 Q. Could you give it a swag?
8 Q. Now, Villages at Hayden is bigger than 8 MR. BERNSTEIN: Object to form.
9 just that 42 acres, right? 9 A. I certainly have no idea what exact
l O A . That's correct. 10 dollars are. I would say somewhere in the
11 Q. And did Robinson Construction do some 11 neighborhood of 30.
12 work at Villages at Hayden that was not encompassed 12 Q. (BY MR. CAL) Somewhere in the ballpark
13 within the 42 acres of filing I? 13 of 30, 35?
14 A. There was some survey work that had been 14 A. Maybe.
15 done for the master planning process on the rest of 15 Q. The lien that was asserted, do you know
16 the 860 remaining acres, and then also there was a 16 whether the lien on Villages is limited to the 42
1 7 survey because the survey and original drawings was 17 acres or does it go beyond the 42 acres?
18 incorrect. So we went to the commercial piece -- some 18 A. As far as I know, it's just limited to
19 part of phase 2 or filing 2 on a proposed commercial 19 the 42 acres.
2 0 piece of the Villages of Hayden master plan and 20 Q. Okay. The work that Robinson performed
21 utilized some material off of that hillside, graded 21 within the 42 acres, does that provide a benefit to
22 that down flat so that we can bring the levels of the 22 the remainder of the Villages as development?
2 3 streets and roads back up to where they were shown and 23 A. Yes, it does.
24 depicted on the drawings. 24 Q. Howso?
25 Q. The roads in filin~ I? 25 A. The main collector street that passes on
Page 243 Page 245 I,
:::~:
1 A. In filing 1. 1 the entrance road in Hayden Boulevard or Villages

2 Q. SO you took some rocks and dirt and 2 Boulevard and the main sewer connections and II
3 whatnot from the rest of Villages and moved it to 3 infrastructure in this street will be extended for
4 filing I? 4 future phases.
5 A. Yeah. We used it for the material. 5 Q. Anything else?
6 Q. Did you do any kind of roadwork outside 6 A. Potentially utility subs and just street
7 of filing 1 and Villages of Hayden? 7 subs, but other than that --
8 A. Not that's not depicted on the plans. 8 Q. Explain to me utilities subs and street
9 Q. Well, is some depicted on the plans? 9 subs. How is that a benefit?
10 A. No. l O A . The streets come out, stop, and we extend
11 Q. SO then your answer is you didn't do any 11 the utilities far enough that they can be obtained.
12 roadwork outside of the 42 acres on Villages of 12 (Deposition Exhibit 22 was marked.)
13 Hayden; is that your answer? 13 Q. Okay. Mr. Moisan, can you identify what
14 A. Correct. 14 the frrst page of Exhibit 22 is.
15 Q. Did you do any work, whether it's on the 15 A. It's a timecard.
16 plans or not, outside of the 42 acres that are filing 16 Q. This is a timecard for you?
17 I? 17 A. Yes, it is.
18 A. Yes. We surveyed the remaining parcels 18 Q. And your employee number with Robinson
19 of the property and we utilized one parcel for 19 Construction is 2240?
20 material. 20 A. That is correct.
21 Q. And when you did that work, the cost for 21 Q. And what do these items 0, dash, 7314 --
22 that work is reflected in the invoices -- the pay 22 what does that mean?
23 applications for Villages of Hayden? 23 A. That is a phase code, a billing code.
24 A. Yes, I'm sure it was because it was done 24 Q. What does that phase code indicate to
25 on change order work at the direction of Ron Sills and 25 vou?
62 (Pages 242 to 245)

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1 A. 0, dash, 7314 is an executive code entry. 1 this morning, didn't we? All right. Why were you
2 Q. Okay. And then the job number 663, 695, 2 reviewing operating agreements for Oasis?
3 697, those are the various job numbers that Robinson 3 A. I was getting directed to do.
4 Construction assigned to various projects, correct? 4 Q. From who?
5 A. That's correct. 5 A. From Randy.
6 Q. And you had mentioned there was maybe 6 Q. Do you know why Randy wanted to review
7 some sort of a number that would let the accounting 7 the operating agreement for Oasis?
8 folks know whether you were performing work on behalf 8 A. Out of protection for his interests in
9 of Robinson Construction or Robinson & Sons. Is that 9 Robinson & Sons and RK in the Oasis agreement.
10 number reflected in this timecard? 10 Q. Was Mr. Robinson contemplating becoming a I
11 A. The 7314 phase code would be directing 11 member of Oasis at this time?
12 them to where to bill my time. 12 A. Yes.
13 Q. How does that direct them where to bill 13 Q. But that never occurred?
14 your time? 14 A. RK is a 50 percent owner of Oasis.
15 A. It's a code in the system that they bill 15 Q. SO you were --
16 to. 16 A. So Robinson & Sons would have been a
17 Q. Well, what phase code would you use if 17 25 percent owner.
18 your time was going to be billed to Robinson & Sons? 18 Q. Robinson & Sons is a 50 percent owner of ~j
19 A. At this point in time 7314. Today it 19 RK, right? I:!
20 would be 801. 20 A. That's c o r r e c t . !
21 Q. SO when did you start using 801 for 21 Q. And RK is an owner in Oasis? !!!
22 Robinson & Sons? 22 A. Correct. .!.
23 A. When my billable time -- or my billable 23 Q. Okay. So you were working for Robinson !.!
24 cost and hourly wage increased. 24 Construction, who was working for RK -- no. Robinson::
25 Q. When was that? 25 & Sons was working for RK; is that r i 2 h t ? ;
Page 247 Page 249 I~.
1 A. A year ago. 1 MR. BERNSTEIN: Object to the form. You

2 Q. Year ago would have been what time? 2 lost me on that.
3 A. March 2007. 3 MR. CAL: Pardon me?
4 Q. And we're not going to fmd too many 4 MR. BERNSTEIN: You lost me on that one.
5 timecards for you after March 2007 for this project, 5 I object to the form.
6 are we? 6 MR. CAL: I'm lost, too. Let's skip it.
7 A. I don't believe so. 7 Q. (BY MR. CAL) Let's look at the second
8 Q. SO the timecards for this project during 8 timecard. This is also your timecard; is that right?
9 the time when you were spending substantial time on 9 A. Yes, it is.
10 this project do not reflect time that would be charged 10 Q. And nothing on this timecard to inform
11 back to Robinson & Sons by Robinson Construction; is 11 anyone that your time for this should be charged to
12 that correct? 12 Robinson & Sons?
13 A. Let me go back there, just because I got 13 A. Again, just the phase code.
14 sidetracked on my own here. May I have that question 14 Q. The phase code tells you you're working
15 repeated. I'm not trying to be -- 15 for Robinson Construction, right? That's the phase
16 MR. CAL: No. I get distracted myself. 16 code for Robinson Construction; am I right?
17 Would you read it back. 17 A. It is, and I do work for Robinson
18 (The last question was read back as 18 Construction.
19 follows: "So the timecards for this project during 19 Q. But how do they know whether they should
20 the time when you were spending substantial time on 20 bill for work to Robinson Construction or Robinson &
21 this project do not reflect time that would be charged 21 Sons?
22 back to Robinson & Sons by Robinson Construction; is 22 A. My time would all be billed into an
23 that correct?") 23 executive phase code and then the invoice would be
24 A. I'll say correct. 24 created at a later date.
25 O. (BY MR. CAL) We wasted a bunch oftime 25 O. Okay. There's a iob 609 return from
63 (Pages 246 to 249)

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1
2
3
4
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.
1
2
3
4
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
I
~
J
5 Q. Who's Tom Moisan? 5 left? :~
6 A. What's that? 6 A. A year ago, March 30 somewhere.

7 Q. Who is Tom Moisan? 7 Q. Why did he leave? JI
8 A. He's my uncle. 8 A. He retired. ~
9 Q. He's an architect? 9 Q. You're aware that the guarantors of the ~

10
11
A. Yes.
Q. Did he do some architecture work for jobs
10
11
MAPI obligations to Vectra Bank have stipulated to the
entry of an arbitration award; is that true?
I
~~.
12
13
14
15
on which Robinson Construction does work?
A. Yes.
Q. How many?
A. It's hard to say. He's one ofthe
12
13
14
15
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?
I~~
III
16 largest architecture fmns in the northwest. 16 A. I wouldn't say -- I don't know that
17
18
19
Q. Which fmn is he with?
A. Ankrom Moisan.
17
18
19
they've complained. I've heard a comment or two about
arbitration between Vectra and themselves, but they I
I
(Deposition Exhibit 23 was marked.) haven't spoke to me in detail about anything.
20 Q. Do you have Exhibit 23 in front of you, 20 Q. What have they said about it? :::.
21 Mr. Moisan? 21 A. We're going through arbitration with 1~1
22 A. Yes, I do. 22 Vectra Bank on our personal guarantees, Vectra had ~J
Q. And this is a December 7, 2007, letter
~
23 23 called the guaranteed.
24 from Michael Glade at Inman Flynn to Jay Labe at 24 Q. Were they saying that in any way to ask i;::.l
25 Pendleton Friedberg; is that right? 25 Robinson Construction to take any position one way or
Page 251 Page 253 jl
t
1 A. Yes, it is. 1 the other? ~l
2 Q. And you've reviewed this letter before 2 A. Not that I'm aware of. j~
3 today, have you not? 3 Q. Does Robinson Construction have a private

4 A. Yes. Can I interrupt for a second, 4 plane that it uses to transport the employees around
5 because I know this is going to take a few minutes. 5 to different sites?
6 Can I use the restroom? 6 A. On a limited basis, yes. Well, Robinson
7 Q. I think I'm pretty close to done. So why 7 Construction doesn't own the plane. We have access to
8 don't we take a ten-minute break. I'm going to go 8 a private plane that we use.
9 through some notes. I'm probably within ten or 15 9 Q. Sort of like a lease situation?
10 minutes of being done. 10 A. Yes.
11 (Recess taken, 5:06 p.m. to 5:21 p.m.) 11 Q. That's the plane you used to fly to
12 Q. (BY MR. CAL) I think we were looking at 12 various locations?
13 the letter from Mike Glade to Jay Labe. Do you have 13 A. Yes, occasionally.
14 that in front of you? 14 Q. Is your paycheck always from Robinson
15 A. Yes. Exhibit 23. 15 Construction?
16 Q. You've reviewed this letter before today? 16 A. Yes.
17 A. I have. 17 Q. Do you ever get payment from -- a
18 Q. And does Robinson Construction agree with 18 paycheck from RK Enterprises?
19 the analysis of Mr. Glade's letter? 19 A. No.
20 A. Which I was yawning, so Mr. Labe and 20 Q. Do you know whether there's any way where
21 Mr. Glade sound exactly the same. 21 work that you're performing on behalf of RK
22 Q. Does Robinson agree with the analysis 22 Enterprises is ever reflected in the books and records
23 provided by Mr. Glade in Exhibit 23? 23 of Robinson Construction?
24 A. Yes. 24 A. My work for RK would be reflected on
25 O. You mentioned this morning that You're 25 books and records of Robinson Construction because I'm
64 (Pages 250 to 253)

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Page 254 Page 256 \
1
2
3
an employee of Robinson Construction. That work
should be billed out and would have been billed out to
RK Enterprises.
~ ~::~~~~~~":;:S::=~:tracted
3
to
do and have done everything they said they were going!
I
4 Q. SO there should be charges reflected 4 to do. Robinson & Sons and Randy Robinson has done II
~ :1~i;:~!~~~~!~'
5 either -- is it an internal accounting transaction or
6 is there an actual invoice that would get sent?
7 A. There's actual invoices.
8 Q. Was that true at the time you were ·1,11.,
..
9 working on the Hayden project? 9 A. I do not have the same opinions about the ..
10 A. Yes. 10 4S/Grassy Creek side. I do not -- I don't think I Ii
11 Q. Okay. But then we're back to these 11 have the same opinion about everybody else. ii
12 timecards. How does someone know that? All your time 12 Q. Okay. So how about your opinion of the I
13 on your timecards appears to be billed for Robinson 13 Oasis Development? How about, what's your opinion as @
14 Construction for work for Robinson Construction. 14 to Oasis and their involvement and why this fell ~
15 A. When the invoice is created, there would 15 apart? I
16 be a job number and a phase code, so my time is going 16 A. The requirements of Oasis and the members i
17 to go to the phase code and then that phase -- and 17 there were to arrange for financing and they arranged
18 that cost would be associated with whoever the billing 18 for financing.
19 applicant or whoever the party to be billed and then 19 Q. They did arrange for financing?
20 the invoice would be created and sent out. 20 A. There has been financing put in place on
I
21 Q. The same thing with Robinson & Sons? 21 all of these projects.
22 It's not just an internal accounting transaction? 22 Q. Enough financing?
23 There should actually be an invoice that goes from 23 MR.. BERNSTEIN: Say it again.
~.
24 Robinson Construction to Robinson & Sons? 24 Q. (BY MR.. CAL) Enough financing?
25 A. In the event there's a billable 25 A. That would call for speculation on my
Page 255 Page 257 II
1 transaction, yes. 1 part on the goals and the revenue and income of the
2 Q. Okay. Do you know whether there are any 2 company budgets every year.
3 such billable transactions for the Hayden projects? 3 Q. Do you think Oasis and the personalities
4 A. Yes, there should be money billed. 4 at Oasis contributed to the falling apart of the
5
6
Q. But do you know whether, in fact, the
money was billed?
A. I would have to take -- I would have to
~ ~e~2 I believe, again, there's differences of I
~ :~~::nbe~~e~~:;~~e~o~:eo:~:~~~artners
7
8 look into that because there is a running total. •,. I,. j,.
9 Q. Okay. And in wrapping up, taking a step 9 operate differently than the other third. .
10 back now, Monday morning quarterbacking, why would you 10 MR.. CAL: And I think, John, on the t
~~ ~~~~b~~:n~~~~~';~~~~~g~~~~l~e~:gh
11 say the Hayden project fell apart, from your
12 perspective? i!.,
13 A. That is a big, wide open question there, 13 effective to go through the subpoena to question him ~
14 Peter. 14 about documents that we don't think we've received. I ~
m
15 Q. But I want it from your perspective. I 15 do want to keep it open. I think we've identified
16 know a lot of people have different opinions. I want 16 some on the record. And what I propose is that I'll
17 to know yours. 1 7 draft a letter to you that says we've looked for this,
18 A. There's a lot of difficulty between the 18 we can't fmd it, do you have documents like that, for
19 partners and differences of opinions that could not be 19 example, any of these invoices that would charge
20 ironed out. 20 Mr. Moisan's time to either RK Enterprises or -- but
21 Q. Do all partners share in the blame for 21 anyway, we'll get you a letter.
22 the project falling apart? 22 MR.. BERNSTEIN: We'll reserve all of our
23 MR. BERNSlEIN: Object to the form of the 2 3 rights here.
24 question. 24 MR.. CAL: That's fair enough. I'll state
25 A. I can only speak to the individuals that 25 for the record that we're keeDinl! it ODen but vou're
65 (Pages 254 to 257)

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Page 258 Page 260 1

~
1 reserving your rights. Thank you. 1 Q. To the best of your knowledge, Robinson ~
2 MR. BERNSTEIN: Okay. Do you guys have 2 Construction has paid Elam for the work Elam was -- il
3 some questions? 3 Elam contracted with Robinson Construction to 1
; comptb ~~:mplaint, I
4 MR. FISCHER: Yes.
5 EXAMINATION
6 BY MR. FISCHER: to your
7 Q. Mr. Moisan, my name is Mark Fischer and 7 knowledge, from Robinson Construction about the work:
8 I'm with Patrick Blessinger from the Cantafio law firm 8 performed under the subcontracts by Elam?
9 in Steamboat. We represent Elam Construction. With 9 A. No, no.
10 respect to Robinson Construction, what contact did you 10 Q. Okay. My understanding, because I just
11 have with Elam Construction with regard to the Hayden 11 kind of got thrown into this, is that the nature of
12 project, any of these three projects? 12 the lien from Elam Construction is on Grassy Creek.
13 A. The only active involvement that I had 13 It's my understanding that also is not part of the
14 with Elam Construction was at the procurement of their 14 Robinson Construction subcontract; is that your
15 subcontract with us on whichever one of the projects 15 understanding?
16 or two of the projects that they were hired for. And 16 A. That is correct.
17 throughout there may have been a conversation or two 17 Q. Okay. The MAPI members who are
18 through the project for scheduling purposes maybe. We 18 authorized to make decisions on behalf of MAPI -- now
19 had a tremendously short time frame to complete all of 19 we've identified a few of those here today. Would Ron
20 this work. So by the time we were putting rock down 20 Sills as a managing member of 4S have authority, to II
21 the streets and getting ready for paving, there wasn't 21 your knowledge, running this project to make decisions .
22 enough trucks in the area, there wasn't enough 22 forMAPI?
23 activities. So it may have been a conversation or two 23 A. That's going to come into a huge uproar
24 with management at Elam. I don't recall specifically. 24 in the company prior to your contract. Ron Sills and \
~.
25 Q. And your on-site Hayden project manager, 25 the 4S group and Grassy Creek on August 2 of 2007 took .~
Page 259 Page 261 ~I
1 whose name escapes me at the moment -- 1 control of MAPI based on what they feel like is a
2 A. Ryan Barackman. 2 valid operating agreement ability. I don't have a
3 Q. -- he would have had presumably more 3 legal opinion on that. I don't know. At the time
4 direct conversation with Elam than you? 4 that Ron directed Blam to do that work, he himself .
5 A. Yes. 5 potentially was under the impression that he could do
6 Q. Do you recall what subcontracts you had 6 that. I don't have the legal position.
7 with Elam? And describe those subcontracts with 7 Q. I'm not asking for a legal opinion. I'm
8 Robinson Construction. 8 more on the street here. Who kind of, to your
9 A. Yeah. I'd have to go back and pull them 9 understanding, was authorized? Let's see. Ron Sills
10 out to talk specifically about anything there that 10 and you had Roger Johnson. Was Roger able to go out
11 would have been -- 11 and sign on behalf of MAPI, to your knowledge -- I'm
12 Q. But generally? 12 not saying it's a legal opinion -- during this time
13 A. Just a general boilerplate subcontract 13 period?
14 agreement between contractor and subcontractor. We 14 A. Again, you're going to be in the same
15 would have hired them for rock products and asphalt 15 boat. At that time they had taken over MAPI, so they
16 paving. 16 were working under the impression that they had the
17 Q. SO they worked on the Villages? 17 ability to do that.
18 A. I'm going to have to clarify that, 18 Q. Prior to what you characterize as a
19 because Connell, in order to complete the projects in 19 takeover, who were, to your understanding, the
20 the time frame -- we only had 120 days to do the whole 20 authorized parties to enter into decisions between
21 project. We ended up utilizing the services of every 21 Robinson Construction and MAPI on the Hayden projects?
22 supplier and every subcontractor that was available to 22 A. That would have been resolved back to the
23 the Hayden, Steamboat Springs area. We could have 23 president of the company, and just prior to August 2
24 bought material from them on all three projects. I'd 24 that would have been Dave Brunie and prior to Dave
25 have to check that. 25 Brunie would have been Don Anderson.
66 (Pages 258 to 261)

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Page 262 Page 264 ~
1 Q. Okay. One moment. Do you know if there 1 snow melted off and we were into the weather where we I
2 was a bond with Routt County the equivalent of which 2 could do that. I
3 on Grassy Creek that you had with the Villages in the 3 Q. When was that done? J
4 town of Hayden under the subdivision agreement that we 4 A. I'd have to look at all the dates because I
5 discussed today? 5 it was a little bit spotty in and out of the i
x
6 A. No, there was not. 6 subcontractor's regular workload that he had 1
7 Q. None of that applied to Grassy Creek? 7 contracted for the year, May, June, July time frames. i:
8 A. No, not from Robinson Construction or 8 Q. The May, June, July time frames is when I
9 Robinson & Sons. 9 he was doing his work; is that what you're saying? .1
10 Q. And you had an Exhibit 21 that discussed l O A . I believe the power company was on site [1
11 the incompletions on the Villages and maybe on Hidden 11 in May doing their utility installation, but they had
12 Springs, some discussion about the entryway and the 12 already been paid in full. So we had never seen
13 like. Was there any similar document like that that 13 another invoice from them. They required the full
14 you're aware of between Robinson Construction on the 14 million and a half dollars in their contract up front
15 Grassy Creek project? 15 prior to construction starting, so they had been paid
16 A. No, because we had completed all of the 16 already since July of '06.
17 scope in our contract for Mt. Harris. 17 Q. Were you having weekly meetings
18 Q. Mt. Harris at Grassy Creek? 18 throughout the winter and spring of '06/'07 on the Mt.
~~ :::::i,:~~~:::B~~~Ycame I
19 A. Right. The original drawings showed a
20 lift of asphalt and asphalt section on all of the
21 streets there, but that was deducted out of the scope
22 early on in the contract for fmandal reasons. 22 back to Portland and started working from the office. I:
23 MR. FISCHER: Thank you very much. 23 Q. What would you look at, time s h e e t s ? l
24 (At this time Mr. Fischer left the room.) 24 A. His timecards. I believe that he came J~:
25 MR. BERNSTEIN: Dick, do you have any 2 5 back to Portland in the December -- early December ~
~.
Page 263 Page 265 11

~~.
1
2
questions?
EXAMINATION ~ timeg~;~ll us as best you can what work was I'
3
4
BY MR. HARRING:
Q. Mr. Moisan, did you just say that you had
3
4
done at Mt. Harris in the four months prior to the
filing of the mechanic's lien by Robinson Construction ,
I.•
5 completed the scope of your work on Mt. Harris at 5 on the Mt. Harris project.
6 Grassy Creek and for that reason there was no 6 A. Again, it would be the power company
7 comparable page in Exhibit 21 ? 7 completed their contracted work in the springtime,
8 A. Yeah. At the time, in the August time 8 May. The project has elevation to it, so the snow
9 frame, there was -- the work was all complete. 9 doesn't melt off until May.
10 As-built, utility crossings, everything was complete. 10 Q. But in terms of when they actually did
11 Q. What was the status of the work in 11 their work, if I understand correctly, we'd have to
12 November of '06 at Grassy Creek -- excuse me -- at Mt. 12 check with them?
13 Harris at Grassy Creek? 13 A. That's correct.
14 A. The status of the work is that what was 14 Q. Neither you nor Mr. Barackman could give
15 left over had to deal with a contract that we had with 15 us the dates because they didn't bill for their work?
16 Yampa Valley Electric Association. They had installed 16 A. That's correct.
17 their conduits and ductwork for the primary cable 17 Q. All right. What else was done in that
18 along the streets, but weather prevented the road 18 four-month period?
19 crossings. They were paid in full at that point in 19 A. The utility road crossings.
20 time in November, and we went in through the 20 Q. Who did that?
21 wintertime, springtime, they came back, installed 21 A. Booco Construction did that.
22 their cable or some of their cable. I don't know if 22 Q. When was that done?
23 they put it all in or not. I'm sure that they'll 23 A. They did some of the work in June and
24 probably put it in as people come to build houses. 24 another piece of the work in July and last one
25 And then the road crossinQ:S were comoleted once the 25 sometime in the end of Julv.
67 (Pages 262 to 265)
a140fd45·f1 f8·4913·a4c8-ace8dd24d060
Page 266
~: ~~'not
268
1 Q. All right.
2 A. We can verify those. We have billings ; in the profit, it's not in the Page 1
3 and invoices for those dates. 3 equipment mobilization, it's not surveying, it's not
4 Q. Billings from Booco? 4 general conditions, right?
5 A. That's correct. 5 A. Right.
6 Q. Is that different from the Booco billings 6 Q. Okay. If I understand correctly, if
7 we saw today? 7 there's any Booco work in that $900, that would
~.
8 A. No. In fact, I believe we can look. One 8 reflect when it was billed and not when the work was j
9 of the Booco billings could potentially deal with 9 done?
10 that. 10 A. That's absolutely correct.
11
12
13
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
~~ refle~'an~:~~ aK~~~~~on
13
by 16, does that
A. Again, I don't know if it reflects the "
I".,,:'
14 just their foreman going up and marking the locations 14 work from Booco specifIcally without looking at the;
15 where they installed. 15 invoices, but in the line items 2, dash, 5500 and 2,
16 Q. Are you looking at Exhibit 18? 16 dash, 5522 there's work that has been billed there
17 A. Yes, I am. 17
18 Q. What page, please? 18
19 A. ROBCON 00287. 19
20 Q. $130, right? 20
21 A. Yeah. 21
22 Q. Is there any other invoice here? 22
23 A. Not in this exhibit. 23 butthat defInitely would be a Booco exclusive line
24 Q. Not in this exhibit, is that your answer? 24 item. ;:
25 A. Yeah. 25 Q. You may have answered this, but w::g:a: 6 91
Page 267
1 Q. Is there another invoice somewhere from 1 there no pay app between February and August of 'on
2 Booco that would reflect what they did and when? 2 A. I'm not exactly sure of that; but our pay
3 A. Yeah. That would be in our documents 3 apps would predominantly or most normally be sent out I
4 that we produced. 4 when there's things to bill for, if we have I
~ ~~~~~~~:~~~~~~: :~:~~~~~~i;~bruary and
5 Q. Can you tell us how many dollars that
6 was, looking at any of these exhibits, like your pay I:
7 applications? Are you looking at Exhibit 17, 7 August, I don't have an answer for that.
8 perchance? 8 Q. Do you know who at Robinson may have that ~\
9 A. Yes. 9 answer?
10 Q. Why don't we look at pay application 17 10 A. Yeah. We can ask Kyle Palmer.
11 fIrst. Is that a good way to start? 11 Q. I'm sorry?
12 A. Sure. I would have to look at the 12 A. We can ask Kyle Palmer.
13 invoice and backup for this to determine who billed 13 Q. Was there any other work being done in
14 the $900 for site excavation in 2, dash, 2000 as well 14 that four months prior to fIling the lien that you
15 as the 2, dash, 5500, $130. We may have just looked 15 haven't told us about?
16 at that bill. 16 A. On Mt. Harris?
17 Q. Sorry. Do you think that $130 is 17 Q. Yes. My questions here are directed to
18 different? Is that what you said? 18 Mt. Harris.
19 A. No. I said we may have just looked at 19 A. I would have to review the job fIles and
20 that invoice in the previous. 20 billings to answer that.
21 Q. SO if any amount was part of pay app 21 Q. Job fIles are what -- have they been
22 No. 17 for Booco, you say it would be in that $9OO? 22 produced, let me ask it that way?
23 A. I'd have to look at that. 23 A. They have been produced, yes.
24 Q. There's no place else it could be, is 24 Q. They're called job fIles?
25 there? 25 A. That's what we produced them as.
68 (Pages 266 to 269)

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~~
1 MR. GRAGG: I'll answer. Dan Gragg, for 1 that had not been completed in previous years with
2 the record. They're going to be typical contractor 2 previous contractors and at the beginning stages of
3 fIles generally organized by division and 3 doing a road base on all of the roads together
4 subcontractor. He's referring to job fIle to describe 4 combined. There was a substantial amount of dirt t o !
5 the documents that comprise the project, and that 5 move on the backside of the project. Roads had been ~~
6 would contain pieces of paper that he's talking about. 6 previously cut in, roughed in; but there were boulders *:~
7 Q. (BY MR. HARRING) Would you look at 7 the size of our equipment still in the streets, and so
8 Exhibit 3. Starting at the bottom of the second page, 8 all of that had been removed. The dirt would have
9 I trust this is a list of all of the invoices that 9 been primarily moved at that point in time.
10 were issued on the Mt. Harris at Grassy Creek. Harris 10 Q. And the scope of work was the roads, the
11 at Grassy Creek project? 11 grading of the roads?
12 A. This particular document appears to be 12 A. That's correct.
13 missing the September, the fmal billings. 13 Q. And some utilities, right?
14 Q. Thanks. Yes. So starting at the top 14 A. That is correct.
15 there's June '06 and July '06. What's the story there 15 Q. And what utilities were in at that point
16 behind that billing and the credit? 16 intime?
17 A. The original billing went out and there 17 A. There were no utilities installed at that
18 had been subsequent revisions to all of the contracts. 18 point in time.
19 For example, on Mt. Harris there's a deduction of 19 Q. What utilities were included in your
20 scope for asphalt paving, and this correction was to 20 scope of work?
21 balance everything before we got too far. At the same 21 A. At that point in time power, water, and
22 time, we took our general conditions from all three 22 gas were still in the scope. Subsequent to that and
23 projects, segregated them out into a separate job 23 around that time, the water and the gas were removed
24 number, tracked everything as one, and then allocated 24 from our scope. Telephone would go in with power.
25 that total expense across the three projects accordin~ 25 Q. Can you tell us again, as best you recall
Page 271 Page 273 ::
1 to the percentage of the total contract. And so that 1 in looking at this invoice, what work was being done ~
2 correction on all three jobs is a recognition of those 2 or being billed by Robinson in November and December Ii
3 items. 3 of '06.
4 Q. All right. Then the next two pay apps, 4 A. December of '06 would mostly be a
5 both called JB app No.1, JB app No.2, both dated 5 compilation of subcontractor invoicing and material
6 July 31, '06, with no total, for roughly $2,700,000, 6 invoicing coming in and completing job records,
7 correct? 7 as-builts of that type.
8 A. Correct. 8 Q. When did you complete your roadwork?
9 Q. And was that quantity of work done by 9 A. Villages of Hayden roadwork has never
10 July 31, '06? 10 been completed.
11 A. Yes, because if you remember an earlier 11 Q. Just the Mt. Harris is what I'm talking
12 statement about Yampa Valley Electric Association 12 about.
13 requiring their -- I said million and a half or so 13 A. It would have been mid to late November.
14 dollars earlier. I noticed in another piece of paper 14 The power company had come in and started installing
15 it's a million 797. They required that up front prior 15 their power conduits, and there was a substantial
16 to starting construction. 16 amount of road grading and rebuilding of those roads
17 Q. And then tell us, as best you recall, 17 to do that carried on clear through there, weather
18 what the status of the Mt. Harris project was at that 18 dependent.
19 point, status in terms of what work had been done, 19 Q. The last part of that carried on clear --
20 what was left to be done. 20 A. That work carried on clear through that
21 A. In June of '06? 21 time frame.
22 Q. July 31, '06. 22 Q. Through November?
23 A. July 31, '06, we would have been well 23 A. Until the weather was such that they
24 underway in the construction and grading process of 24 could not work anymore.
25 buildinl! all of the streets and roUl!hinl! in the roads 25 O. So the work stopped then in December
69 (Pages 270 to 273)

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li
1 throughout the winter, right? 1 No.1 to be 2,474,000 and the letter says 2,350,927. I
2 A. Yeah. 2 A. Where are we at again? il
3 Q. What's the $82,000 credit in January of 3 Q. Exhibit 3, start with that page 2 we just ~.
ili
4 'on 4 went over.
5
6
7
A. I'd have to look that up to tell you what
that is.
Q. Keep Exhibit 3 out, but look at
5
6
7
A. Right.
Q. That July 31 app No.1 is 2,474,000. You
see that?
I~
~.
8 Exhibit 1, which you said was, as I understand your 8 A. Yes.
9
10
testimony, not accurate. I don't mean to interpret
your testimony. I think you said that.
9
10
Q. Okay. And then in the Mike Glade letter
it says July 31, 2006, 2,350,000 on the second page.
I
11
12
13
14
A. I do not agree with the accuracy of this
document.
Q. Exhibit I?
A. Exhibit 1, yes.
11
12
13
14
Follow me?
A. Okay. I see that.
Q. Do you know the reason for the
difference?
I
lj!
~j~
15 Q. And what is it about Exhibit 1 with which 15 A. I do not. ~i
16 you disagree? 16 Q. Likewise on pay app 2 there's a
17 A. The total payments through June 30, 2007. 17 difference of $12,000 or so. Do you know the reason II:::
18 Q. What happened, if you know, between 18 for that?
19 July 25, '07, and August 7, '07, that caused a 19 A. No, I do not know. II
~~
20 recalculation or recharacterization of revenues? 20 Q. I trust you don't know the reason for the il
21 A. I'd have to take that question back to 21 difference on pay app 3 either?
22 the accountants to ask them that. 22 A. No.
23 Q. You don't know the answer? 23 Q. Did you have a role in that preparation Ii
24 A. I don't know the answer. 24 of or the communication of the desire to me a 1~~j~
25 Q. Did it have anything to do with the 25 mechanic's lien against Mt. Harris? \
~.
Page 275 Page 277
1 $5 million note? 1
I
A. Yes. ;i~
2 A. No, it did not, not that I'm aware of. 2 Q. Did you do anything to attempt to ~~
~j
3 Q. But I guess we agree that in one document 3 apportion the amount of the lien as to any or all of
4 Mr. Palmer recites that payments through June 30, 4 the various lots at Mt. Harris?
5 2007, was almost $4 million and in the other one he 5 A. Not prior to filing the lien.
6
7
8
reflects 1,000,886, right?
A. Yes.
Q. I'm seeking help. I've got it right?
6
7
8
Q. Have you done that subsequent to filing
of the lien?
A. At the request of Mr. Doughty and
~~.
:::
! :::
9 A. Yeah. 9 Mr. Anderson, they have requested that we research l~

10 Q. Do you know why pay apps 1, 2, and 3 are 10 into apportionment on our liens and the basis of that ~1
11 reflected as not being paid in Mt. Harris? 11 to tell them what the payout balance is. i~
~i·
12 A. Pay apps 1, 2, and 3 on all projects 12 Q. And what have you done?
13 were, for lack of better words, frozen in time in 13 A. Our counsel has given us direction or I!
14 August when the promissory note came about and that 14 told -- II
15
16
recognition of Robinson Construction being owed
$5 million. Pay apps No.1, 2, and 3 totalled
15
16
MR. BERNSTEIN: No. You're not
~
I
testifying as to what your counsel has done or told ~~.
17 5,091,000 and some odd number. After the promissory 17 you.
il
18 note came into play, it was agreed that Robinson 18 A. We have requested legal opinion about
19 Construction was going to get paid. Robinson 19 whether that is -- II :::
20 Construction agreed to carry the $5 million. Grassy 20 Q. (BY MR. HARRING) Did you do anything to
21 Creek Holdings wrote Robinson Construction a $91,863 21 apportion the lien amongst the lots?
22 check to square that up. For that pay apps 4 through 22 A. Not that I'm aware of.
23 17 were to be paid current. 23 MR. GRAGG: Can we go off the record for
24 Q. Again, comparing now Exhibits 3 and the 24 a second.
25 second Da!!:e of Exhibit 23 Exhibit 3 reflects Dav aDD 25 (Discussion off the record.)
70 (Pages 274 to 277)

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Page 278 Page 280 ~~

~i
1 Q. (BY MR. HARRING) With respect to 1 and Robinson's counsel wherein we discussed the
2 Exhibits 8 and 9, were these invoices sent to 4S 2 possibility of settling with them for the purpose of
3 Development, if you know? 3 allocating the liens amongst the various lots.
4 A. I don't know. I'd be making an 4 MR. CAL: Okay.
5 assumption. 5 Q. (BY MR. HARRING) Sowho else
6 Q. Did you ever discuss these invoices with 6 participated in that conversation?
7 anyone from4S? 7 A. Mr. Doughty, Mr. Anderson, their counsel,
8 A. I did not. 8 and our counsel.
9 Q. In your view, are these dummy invoices or 9 Q. Who is "their counsel"?
10 are these real invoices? l O A . I believe Matt Griffith was their -- I
11 MR. BERNSTEIN: Object to the form of the 11 would have to check to make sure.
12 question. 12 Q. Who was your counsel?
13 A. These invoices are based on -- 13 A. Dan Gragg.
14 MR. BERNSTEIN: Just answer his question, 14 Q. And the counsel representing Doughty and
15 if you can. 15 Anderson would have been from the Andrews Davis firm? ~,!
16 A. They are not dummy invoices. 16 A. I believe so. ;
§.
17 Q. (BY MR. HARRING) Did Robinson 17 Q. Was there a request made to apportion the ,~
18 Construction Company intend that these invoices be 18 liens on the various lots at Villages at H a y d e n ? ! !
19 paid by someone, if you can answer that? 19 A. No.
20 A. At the time they were created, we would 20 Q. Was there a request made to apportion the
21 have intended for them to be paid. 21 liens on the lots at Hidden Springs?
22 Q. Do you know whether the amounts contained 22 A. Not that I'm aware of.
23 in these invoices are included within your liens? 23 Q. What settlement offers were made and by
24 A. I do not know that. 24 whom during that meeting?
25 MR. HARRING: I have no further 25 MR. BERNSTEIN: I'm going to object to
Page 279 Page 281 ~
1 questions. 1 the form and foundation of this question. I think II
2 EXAMINATION 2 it's getting into Rule 408 issues.
I
3 BY MR. CAL: 3 MR. CAL: 408 is subject to discovery.:
4
5
Q. I have a follow-up because I want to fmd
out about this conversation where Mr. Doughty and : It'saQoo;~i~ty~al:=~t offers were
6 Mr. Anderson requested the apportionment of the liens. 6 made at that meeting? ~
7 Did you participate in that conversation, Mr. Moisan? 7 A. First State Bank has provided financing
8 A. Yes. 8 for several of the individual lots at Mt. Harris and
9 Q. Okay. Remember I asked you to tell me 9 the fmancing in the individuals on those lots are
10 about all your conversations with those guys. When 10 investor individuals that have come in. So in order
11 was that conversation? 11 to -- in order for First State Bank to take care of
12 A. I don't recall the specific time and date 12 all of this, they made the -- or they started
13 of that conversation. 13 discussing about making an offer to refmance their
14 Q. Time frame, what's the time frame? 14 mortgages that they had put in place for the
15 A. Between August of '07 and the filing of 15 individual investors and payoff our lien amounts that
16 the bankruptcy. 16 were pro rata share on those lots.
17 Q. And did they ask you -- who else took -- 17 Q. SO these are -- the investor individuals
18 who else took part in that conversation? 18 are investors in FSB?
19 MR. GRAGG: Are we talking about 19 A. No. No, they're not investors in FSB.
20 apportionment? That was a conversation between 20 They're third-party individuals who have been brought
21 attorneys, Peter. 21 in to purchase property and they have taken out a
22 MR. CAL: He just told me he had a 22 first mortgage on the property, but there's a buy-back
23 conversation with Mr. Doughty and Mr. Anderson. 23 contingent liability when the property sells.
24 MR. GRAGG: He was present at a meeting 24 Q. Who has the obligation to buy the
25 with Mr. Doul!htv and Mr. Anderson and their counsel 25 oroDertv back?
71 (Pages 278 to 281)

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Page 282 Page 284 "

~J
1 A. MAP!. 1 Q. Then MAPI uses those funds for its il
2 Q. And that's, you said, when the property 2 operating costs? ili
3 sells? 3 A. That is correct.
4
5
A. Yeah. They would hold the property --
their intent is to hold the property for a given
4
5
Q. But ultimately at some portion -- some
time down the road MAPI has an obligation to buy the
Ii
6 amount of time and then resell the property, try to 6 property back?
7 take advantage of the real estate value increase 7 A. I have not seen the agreement that is ~.
8 over -- I haven't seen the agreement, so I'm not sure 8 made with these investors. I know that there is a
9 what that time frame is. 9 third-party deal dealing with those investors and
10
11
12
Q. How much of a down payment did these
individuals have to make?
A. Does not appear like -- I don't know the
10
11
12
those properties.
Q. Who is that third-party deal between, FSB
and the investors or between MAPI? ~:
I~~
13 answer to that. The loans are 90 percent loans and 13
14 there's a second back to MAPI that is listed in 14
A. MAPI and investors.
Q. During this settlement meeting, was there I
15
16
settlement statements that I have just seen yesterday.
So I don't have the answer.
15
16
any -- was the scope of the settlement discussion
limited to the lien on Grassy Creek? m
I
17 Q. What were the circumstances of your 17 A. No. jji
18 looking at those yesterday? 18 Q. What were the nature of the settlement

19 A. They were documents that were produced. 19 discussions about Villages at Hayden? i :::
20 Q. Were they provided to you by your 20 A. The discussions were about Don working
111
21 counsel? 21 with Vectra Bank and creating some sort of an ~
II
22 A. Yes. 22 agreement with them for either more money or refinance
23 MR. CAL: Claim privilege for that? 23 or just overall refinance structure on how to pay the
24 MR. BERNSTEIN: What's that? 24 thing. There was not a resolve that came out of it,
25 MR. CAL: Then it's a privilege? 25 mostly just dealing with refinancing the property to
Page 283 Page 285 \ ~:
1 MR. BERNSTEIN: Yes, it is. 1 get everybody paid for. il

~~.
2 MR. CAL: Okay. Then say so. 2 Q. And any discussion about a settlement for
3 Q. (BY MR. CAL) Do you understand why MAPI 3 the Hidden Springs lien?
4 would enter into this transaction where it would have 4 A. The Hidden Springs property was always
5 the obligation to buy back these loans or buy back 5 considered to be one that could be self-liquidated,
6 these properties? 6 and everybody has considered that to be a property
7 A. Third-party investors would not be 7 that has enough equity in it to pay down the note and
8 uncommon for a developer to use for finance purposes, 8 the liens.
9 the ability to lower some of the risk and spread the 9 Q. SO there were no settlement discussions
10 fmance out amongst other people, pre-sales of 10 on the Hidden Springs; is that what you're saying?
11 properties, pre-sale programs. That wouldn't be an 11 A. No.
12 uncommon thing to do. 12 Q. That is what you're saying?
13 Q. And so it generates sales to help attract 13 A. You're getting me turned around. Yes,
14 others to come in and buy property? 14 there was no settlement discussion.
15 A. No, not necessarily. 15 Q. No settlement discussions on Hidden
16 Q. How does it help MAPI to have these 16 Springs. Subsequent to that meeting you've just
17 properties sold? 17 testified about, have there been any other settlement
18 A. Provides income so that future -- the 18 meetings, to your knowledge, between Robinson and
19 future phases of the property can be continued to be 19 Mr. Doughty and Mr. Anderson?
20 developed. 20 A. Not that I can recall. Again, there's
21 Q. How does this income come into MAP!? 21 been --
22 A. Standard real estate transaction. 22 Q. Was Mr. Keys a participant in those
23 Q. MAPI sells the property and at the 23 settlement discussions you testified about?
24 closing funds are transferred into MAPI? 24 A. No, he was not.
25 A. That's correct. 25 O. Has Mr. Kevs had anv settlement
72 (Pages 282 to 285)
a140fd45-f1 f8-4913-a4c8-ace8dd24d060
Page 286 Page 288 ~j
1
2
discussions with Robinson Construction or Robinson &
Sons?
1
2
such an assignment between 4S and MAPI?
A. Not that I'm aware of.
I
3 A. Not that I'm aware of. 3 Q. You testified that in early October,
4 MR. CAL: Thank you. 4 directing yourOcattebnti°3n2toooE6xhibit lkn0' thalt dYOU f ':"~:;
5 MR. BERNSTEIN: I have a few follow-up 5 executed on to er, , an ac ow e gement 0 d
6 questions. 6 consent of contractor; is that correct? *
7 EXAMINATION 7 A. That is correct. 11
BY MR. BERNSTEIN:
indic~~d:~:~u::::~~~:~~~~:: i
8
9 Q. Mr. John Bernstein on behalf of the :
10 Robinson entities. Mr. Moisan, I want to refer you 10 default or there was a breach of that agreement as of
11 back to some questions that Mr. Cal asked you earlier 11 the date that you had executed this acknowledgement
12 today with respect to the assignment of rights under 12 and consent. Do you recall that testimony?
13 construction contracts, which is Exhibit 10. Before 13 A. Yes, that is correct.
14 you tum to that document, at any time -- the 14 Q. Have you had an opportunity to reflect
15 construction contract for the Villages that was 15 upon that testimony since Mr. Cal asked you those
16 entered into with Robinson Construction was with 4S, 16 questions?
17 correct? 17 A. Yes, I have.
18 A. Correct. 18 Q. And do you still -- is it your testimony
19 Q. MAPI was not a party to that construction 19 upon that reflection that your -- that the
20 contract; is that correct? 20 construction contract was in default?
21 A. That is correct. 21 MR. CAL: Objection, leading. Object to
22 Q. Are you familiar with the AlA contract, 22 the form, leading.
23 the standard contract that was entered into between 23 MR. BERNSTEIN: This is
24 Robinson Construction and 4S in connection with the 24 cross-examination. I think I can lead the witness as
25 Villages? 25 far as I want to.
Page 287 Page 289
1 A. Yes. 1 MR. CAL: It's your witness.

2 Q. Does it -- does that contract have a 2 Q. (BY MR. BERNSTEIN) Do you have -- is it
3 provision for an assignment to a third party? 3 your -- have you had an opportunity to reflect upon
4 A. Yes, it does. 4 your testimony in connection with your prior testimony
5 Q. And to your knowledge, does that 5 that the construction contract was in breach in early
6 requirement for the assignment to any third party 6 October 2oo6?
7 require it to be in writing and with the consent of 7 A. Yes.
8 Robinson Construction Company? 8 Q. And what have you reflected upon?
9 A. Yes, it does. 9 A. Based on the recognition of the
10 Q. At any time did 4S come to Robinson 10 $5 million worth of debt, payouts 1 through 3, and
11 Construction Company to seek an assignment -- or seek 11 Robinson Construction agreeing to carry the $5 million
12 a consent to an assignment of the construction 12 debt until June of 2007, at that point in time the
13 contract in connection with the Villages at Hayden? 13 contracts had been paid and there was no breach of
14 A. No, not that I'm aware of. 14 contract based on payment.
15 Q. You don't recall any form of an agreement 15 Q. And you wish for the record to reflect
16 that was ever presented to you at Robinson 16 that testimony; is that correct?
17 Construction Company in connection with 4S's request 17 A. Yes,Ido.
18 to assign the construction contract to MAPI? 18 Q. And you are correcting the testimony --
19 A. No. 19 your prior testimony which you indicated that there
20 Q. To your knowledge, has 4S ever formally 20 had been a breach as of early October 2oo6?
21 assigned the construction contract to MAPI? 21 A. That is correct.
22 A. Not that I'm aware of. 22 Q. In connection -- with respect to the
23 Q. Has Robinson Construction Company ever 23 acknowledgement and consent of contractor document
24 received any kind of assignment form, notification, 24 that you signed on October 3, '06, the certifications
2 5 anYthing in writing from 4S and/or MAPI indicating 25 that you made such as in naralITanh No. 1 which states
73 (Pages 286 to 289)

a140fd45-f1 f8-4913-a4c8-ace8dd24d060
Page 290 Page 292 !1
1 "The construction contract is in full force and effect 1 Q. And what is the -- do you wish to change
2 and no breach or default exists under the construction 2 that answer or correct that answer?
3 contract and no event has occurred and no condition 3 A. Yes. Vectra was notified of the lien
4 exists that after notice or lapse of time or both 4 proceedings.
5 would constitute a breach or default under the 5 Q. And how were they notified?
6 construction contract," is it your testimony that that 6 A. Statement of lien.
7 is a correct statement as certified by you on 7 Q. And was that sent to Vectra--
8 October 3? 8 A. Yes.
9 MR. CAL: Objection, leading. 9 Q. -- to your knowledge?
10 Q. (BY MR. BERNSTEIN) You can answer the 10 A. To my knowledge.
11 question. 11 MR. BERNSTEIN: I have nothing further.
12 MR. GRAGG: After all your stuff about 12 EXAMINATION
13 having only form of the question objections. 13 BY MR. CAL:
14 MR. CAL: That's form. 14 Q. Okay. I have got a few questions.
15 MR. GRAGG: Didn't sound like form. It 15 Mr. Moisan, prior to sending this statement of lien to
16
17
sounded like objection, leading.
MR. CAL: Are you serious over there?
16
17
y ecu:a~ di~ Rth0binson cofnstructiohn evderc nul0tify Vectra
ill wnting ill e event 0 a b reac or ela t b Y 4 S
~.,!: .,
;'
18 MR. GRAGG: Yes. 18 under the construction contract?
19 Q. (BY MR. BERNSTEIN) Answer the question. 19 A. Through the notice of lien requirements
20 A. Now, I need the question back again. You 20 for the lien proceedings, yes.
21 guys got me all messed up here. 21 Q. But before the notice of lien
22 MR. BERNSTEIN: Would you read the 22 requirements, the statement of lien, the notice of
23 question back to the witness, please. 23 lien, before that had Robinson Construction notified
24 (The question beginning on page 289, line 24 Vectra in writing of a breach or default by 4S under
25 24, was read back as follows: "In connection -- with 25 the construction contract?
Page 291 Page 293 !i
~.
1 respect to the acknowledgement and consent of 1 A. No. *
2 contractor document that you signed on October 3, '06, 2 Q. When was the first time, to your
3 the certifications that you made such as in paragraph 3 knowledge, after October 3, 2006 -- let me start that
4 No. 1 which states, "The construction contract is in 4 question again.
5 full force and effect and no breach or default exists 5 After October 3, 2006, when was the first
6 under the construction contract and no event has 6 time 4S was in breach under the construction
7 occurred and no condition exists that after notice or 7 contracts?
8 lapse of time or both would constitute a breach or 8 MR. BERNSTEIN: Object to the form of the
9 default under the construction contract," is it your 9 question.
10 testimony that that is a correct statement as l O A . Payment was due June 30, 2007, and it was
11 certified by you on October 3 ?") 11 not made.
12 MR. CAL: Objection, leading. 12 Q. (BY MR. CAL) Were there any other
13 A. Yes. 13 breaches under the construction contract before that?
14 Q. (BY MR. BERNSTEIN) Do you recall the 14 A. Not that I'm aware of.
15 question that Mr. Cal asked you in connection with 15 Q. How about these e-mails in the
~~.
16 whether or not Robinson Construction Company ever 16 October 24, 2006, time frame when Mr. Robinson was J
17 notified Vectra prior to the commencement of the 1 7 apparently expressing some frustration at Don ;~
18 litigation? 18 Anderson? Was there a breach then?
19 A. Yes. 19 A. As we talked about earlier this morning,
20 Q. Do you recall what your answer was? 2 0 after the $5 million note, Robinson Construction
21 A. I answered that we had not notified 21 agreed to carry $5 million and the understanding
22 Vectra. 22 between all parties was that Robinson Construction was
23 Q. Have you had an opportunity to reflect 23 to be paid on time on an every-two-week application
24 upon the accuracy of that answer? 24 period and --
25 A. Yes. 25 O. Did that happen?
74 (Pages 290 to 293)

a140fd45-f1 f8-4913-a4c8-ace8dd24d060
Page 294 Page 296 ~
1 A. I would have to look at the dates that we 1 a record here.

2 got the check, but Randy Robinson was under the 2 Q. (BY MR. CAL) What did Mr. Bernstein tell
3 impression that we had not been paid. And I could 3 you during that break? .!
4 verify that if we look at the checks. 4 MR. BERNSTEIN: Objection, and I'm going il
5 Q. SO is it your position now that this 5 to insQtru.ct(Bthye MRwitn.ecssALno)t tWhoanatSwdiedr·Mr. Gragg tell you •,'..,1.1.
6 unsigned promissory note that you want to refer to as 6 •
~ an ackn~.d:~~~~~~agbj~~~ ~~:~t? ~ during ~r~~GG: I assert my privilege, too, I

exec:~d ~~ ~e:~~~th:: ::::~ ~::~~~~y :~~:~~~~.~~~ ~~~s:::~ :=~~~~~~ns
9 9
10 10 with II
11 Q. (BY MR. CAL) So a promissory note that's 11 answer to the extent that I had attorney-client
12 never been completely executed and terms of which have 12 privilege with him as well.
13 never been met is what it meant that -- okay. You 13 MR. CAL: Mr. Bernstein, are you
14 recall when I was asking you this afternoon about the 14 directing him not to answer as well?
15 acknowledgement and consent of contractor, after you 15 MR. BERNSTEIN: I am. I'm directing him
~ ~ ~::~~~urattorneys requested a break? You ~ ~ :~~:e~:~rc:~ng that is a communication between I!
18 A. Yes. 18 Q. (BY MR. CAL) Mr. Moisan, what did you
19 Q. And, in fact, you and your attorneys went 19 tell Mr. Bernstein during that meeting?
20 off into the room over there and took a break; is that 20 MR. BERNSTEIN: Same objection, directing
21 right? 21 him not to answer.
22 A. Yes. 22 Q. (BY MR. CAL) Mr. Moisan, what did you
~:~
23 Q. Did you speak with your attorneys about 23 tell Mr. Gragg during that meeting? I.:
24 your testimony here that you've changed? 24 MR. BERNSTEIN: Same objection, directing ~
2: ~M:::s::~:~:g~:~:~ 295 2: rnm:ro~::CAL) l idyoumveMy Page 297 1

2 That calls for privileged communication. 2 discussions with your attorneys about the change in
: =:;:~~.:.:=y~~~~;~ero :
3 MR. CAL: If you don't know that I'm 3 your testimony at the second meeting that we -- the
6 be kidding me. You're going to assert privilege? 6

=ond
Q
~\~v~~~:~~that again. Peter.
(BY MR CAL) Did you have any
I "
~ ~:~~~~~:~~~~=~ thi~~scuaft;:e\ornnno;o:nur?·.~e:~::~i:e:ea:~~~::g:~~~~:e
7
to the house 8 .i!,. •,.,.:!1

. .•
9 on this one. You're directing him not to answer that? 9 ,

10 MR. BERNSTEIN: Yes, I am. What I'm 10 MR. BERNSTEIN: Same objection, and I'm
11 directing him to do, Peter, is that he's not going to 11 directing him not to answer.
12 testify on any attorney-client communication. 12 MR. CAL: Are you going to direct him not
13 MR. CAL: I asked him whether he had 13 to answer all my questions concerning all discussions
14 communications in that room with his attorneys about 14 he had with you concerning the change in his
15 his changed testimony. Are you going to direct him 15 testimony?
16 not to answer that? 16 MR. BERNSTEIN: Yes, I am.
17 MR. BERNSTEIN: Sounds like to me you're 17 Q. (BY MR. CAL) Does anything that your
18 asking for an attorney-client communication. I think 18 attorneys told you during those breaks affect the
19 you would respect the privilege, would you not? 19 testimony that you've given here this afternoon?
20 MR. CAL: No. There is no privilege for 20 MR. BERNSTEIN: Yeah. I don't understand
21 that. The law is crystal clear on it. 21 the question. And I'm objecting to that question and
22 MR. BERNSTEIN: You have told me a lot 22 directing him not to answer that question.
23 about what the law is. I haven't really agreed with 23 Q. (BY MR. CAL) Has your testimony changed
24 you on any of those topics. 24 this afternoon based on anything other than your
25 MR. CAL: Okav. We're going to establish 25 discussions with vour attornevs?
7S (Pages 294 to 297)

a140fd45·f1 f8·4913·a4c8-ace8dd24d060
Page 298 Page 300 i!

1 MR. BERNSTEIN: Objection, calls for an REPORTER'S CERTIFICATE
STATE OF COLORADO )
2 attorney-client privileged communication, instructing ) ss.
3 the witness not to answer. COUNTY OF ARAPAHOE )
4 MR. GRAGG: You made your record. I, TIFFANY D. GOULDING, Registered
Professional Reporter and Notary Public, State of
5 MR. CAL: I've made my record. Colorado, do hereby certify that previous to the
6 MR. GRAGG: Can we call it a day and go commencement of the examination, the said KIRK MOISAN
7 to the airport? was duly sworn by me to testify to the truth in
relation to the matters in controversy between the
8 MR. CAL: Yes. parties hereto; that the said deposition was taken in
9 WHEREUPON, the within proceedings were machine shorthand by me at the time and place
aforesaid and was thereafter reduced to typewritten
1 0 concluded at the approximate hour of 6:36 p.m. on the fonn; that the foregoing is a true transcript of the
11 25th day of April, 2008. questions asked, testimony given, and proceedings had.
12 * * * * * I further certify that I am not employed
by, related to, nor of counsel for any of the parties
13 herein, nor otherwise interested in the outcome of
14 this litigation.
15
IN WITNESS WHEREOF, I have affixed my
16 signature this 9th day of May, 2008.
17 My commission expires October 14, 2010.
18 _x_ Reading and Signing was requested.
_ _ Reading and Signing was waived.
19 _ _ Reading and Signing is not required.
20
21
22
23
24
25
Page 299
1 I, KIRK MOISAN, do hereby certify that I May 12,2008
2 have read the above and foregoing deposition and that John H. Bernstein, Esq.
3 the same is a true and accurate transcription of my Kulak Rock LLP
4 testimony, except for attached amendments, if any. 1801 California Street, Suite 3100
Denver, Colorado 80202
5 Amendments attached ( ) Yes () No
6 Re: Mountain Adventure Property Investments, LLC
7 Deposition(s) of: Kirk Moisan
Dear Mr. Bernstein:
8 Enclosed are the original signature pages(s) of the
KIRK MOISAN above-named deposition(s). It was agreed that you would
9 arrange for signature of same by means of your copy
transcript(s) and the enclosed signature page(s).
10
11 Also enclosed are amendment sheets for changes if necessary.
12 The signature above of KIRK MOISAN was Please return the signed and notarized signature page(s) and
amendment sheet(s), if any, to our office for filing within
13 subscribed and sworn to before me in the county of 30 days from the date of this letter to comply with the
14 , state of Colorado, this day of statute.
15 ,2008.
Thank you for your attention to this matter.
16
17 Sincerely,
18
Tiffany D. Goulding, RPR
19 Notary Public HUNTER + GEIST, INC.
My commission expires Registered Professional Reporters
20
21 c: Peter A. Cal, Esq.
22 Richard L.Harring, Esq.
Mark J. Fischer, Esq.
23 Laura O'Toole, Esq.
24 Mountain Adventure Property Investments, LLC 4/25/08
25 (tdg)
76 (Pages 298 to 301)

a140fd45·f1 f8·4913·a4c8·ace8dd24d060
In Re: Mountain Adventure Property KIRK MOISAN 4/25/2008 In Re: Mountain Adventure Property KIRK MOISAN 4/25/2008
Page 1 Page 2
A accusing 130:16 227:4,8 44:9,12,15,16 A1pine2:18197:20 39:10,17,1840:12 65:1269:181:19 201:22 4:1110:21,24 250:11,16
ABC 181:17 131:15 additions 159:19 45:3,7,9,10,19 Altus 14:20 85:10 41:1,743:5,11,20 81:22,25 90:18 apparently 108:1 11:350:17,22 architect-signed
abilities 26:25 ACE58:9 addressed 14:20 46:1,4,747:8,11 85:1688:18,22,23 49:4,11,19,24 99:15102:15,19 148:16,17,19 52:23 53:2,14 162:13
ability 15:5 67:9 acknowledged 50:5 144:14 47:12,1350:15 89:4,7,9,13,15 73:1674:1675:6 105:6 106:2,4 177:5 189:15 85:18,19 102:8,13 area212:13258:22
261:2,17283:9 119:25 adds 173:4195:17 92:20,21,2493:2 amenable 49:23 76:1,1677:3,7,25 107:15115:3 192:24 206:17 112:19150:2,4,8 259:23
able26:1886:18 acknowledgement adjnslments 114:5 93:5,8,15,18,22 amended 13:8 82:2284:8 86:13 119:10 122:3 207:11 213:5 150:13 156:21 areas 15:2216:1
178:5,16 183:2 50:1251:652:15 administrative 93:2496:23101:3 amendment 301:10 86:1489:690:12 123:7124:16,20 227:7228:15 157:7,19,22 argoendo 181:16
187:2,6202:25 52:18102:24 145:10 174:12 106:12109:6,7,11 301:11 90:13,2491:10 127:7 130:23 237:17293:17 162:14165:13,23 arising 33:23
207:14241:17 104:12,16107:18 admissibility 81:9 128:2 130:5,8,11 amendments 299:4 92:4,1695:12,18 131:2132:1,23 appear23:1798:25 176:25180:13 arrauge256:17,19 ,
261:10 122:2,5,25 123:5 281:4 131:4,8,10 132:7 299:5 95:24,24 96:4 135:25139:11,14 99:10 168:12 183:5185:13 301:9
above-named 123:10 124:8,10 admissible 81:1,7 132:14,15,17 amount 11:18,23 97:15,17,21,22 139:18,25140:6 196:19282:12 198:11 243:23 arrauged256:17
301:8 129:3,4 143:7 advancement 130:6 137:17215:13,19 11:2517:4,13,17 98:15,2599:10,17 140:15,18150:12 appearing 2:20 267:7 arrested 55:3
absolutely 41:24 156:15288:5,11 131:5 218:8,22219:1,6 22:2023:1724:3 100:6,16,18,23 180:19,21188:21 197:20 applied 150:3,8 asked 18:10 41:17
84:22 268: 10 289:23291:1 advantage282:7 219:24 220:3,13 26:931:14,19 101:2108:11 195:24 201:21 appears 12:18 236:14262:7 59:20101:8,10
AC57:21,2358:11 294:7,15 Adventure 1:4 10:2 228:18229:3 33:934:11,24 116:22 117:2 204:12209:24 30:2599:17 apply 211:15 105:11,15 108:13
58:12,17,22,24 acknowledging 45:846:1072:20 231:18233:6 35:543:2,7,12 119:23,25 120:11 217:22,24243:11 179:14189:24 apportion277:3,21 108:16,21110:17
59:11,19226:7 123:15 73:3299:24 301:5 234:23,24 235:11 47:1994:19,20 121:11,14,15,20 243:13 266:24 196:18199:5 280:17,20 110:20127:16
access 32: 10,13 acquire 64:19 affect297:18 235:12236:11 159:16 161:15,16 122:6,10,14 269:7,9,20270:1 200:5,10 203:24 apportionment 146:5 154:20
253:7 79:24 affixed 300: 12 248:7,9259:14 161:18,25162:4 134:22 143:9,12 274:23,24278:14 205:3206:10 277:10 279:6,20 163:7213:5256:6 '
accomplish 98:3 acquired 65:17,19 aforesaid 300:8 261:2 262:4 282:8 163:9,25 164:6 144:24,25 146:25 278:19282:13,16 211:25219:3 appreciate 110:13 279:9286:11
accountant 13:12 65:22,2466:1,3,6 afternoon 116:5 284:7,22287:15 166:19,24167:1,6 147:5148:11,20 290:10,19291:20 254:13270:12 241:22 288:15291:15
14:7 67:2,4 294:14297:9,19 288:10 167:7,19,22178:6 152:17154:22,25 291:24292:2,2 applicant 254: 19 apprenticeship 295:13300:9
accountants 7:20 acquiring 80:9,11 297:24 agreements 98: I 187:3,6 188:2 155:24 156:2 295:1,9,16296:5 application 59: 14 55:17 asking 10:2011:16
8:10 9:5,18 22:24 acquisition 80:4,16 agents 60:20 64: 12 109:2 130:20 189:23193:12,15 194:4,14196:5 296:11,14,16,21 83:11150:4157:5 approached 67:7 15:1227:24 30:2
23:328:4 114:4 acres 107:1,3,5,7 ago7:1153:2254:6 131:19132:11,12 194:19195:18 208:9222:5 296:25 297:11,13 157:8,9,13158:4 appropriate 18:17 35:265:20,21
274:22 107:12 109:14 54:14,15,2066:21 132:19,25 216:11 199:12,23203:17 233:17244:1 297:22 298:3 158:18,25 164:1 appropriately 87:11,19,2093:6
accounting 7:22,23 143:21 144:1,4 79:1380:5,23 218:2248:2 203:18210:23 261:25277:9 answered 101:8 168:7171:16,17 18:21 93:1599:7114:19
8:12,2411:4,6 242:6,7,9,13,16 106:2183:19 agrees 138:11 211:11220:5,10 279:6,23,25 280:7 127:16227:7 172:4,7,12175:16 approximate 25:16 119:14122:4
29:2530:331:12 243:12,16244:17 225:4228:16 184:7 226:3267:21 280:15285:19 268:25291:21 175:25176:8,9,21 244:3 298: 10 132:8143:17,18
114:11,21115:13 244:17,19,21 247:1,2252:6 abead65:12148:4 272:4273:16 293:18 answers 124:18 176:22177:2 approximately 143:24 155:9
246:7 254:5,22 action 38:4 agree22:12,13,14 170:16196:15 277:3282:6 Anderson's 49:5 auybody28:18 178:4,20,25 17:14,1631:22 232:24 261:7
accounts 11:5 active 64: 14 258:13 22:1692:13 100:3 197:18231:16 amounts 30:5,5,19 117:23155:25 146:10 222:2 179:25180:11 48:383:2204:17 294:14295:18
33:12,14 activities 142:19 128:10 166:3 AlA 137:17159:4,6 31:8,11 32:8,22 Andrews280:15 229:19 181:24185:19,22 apps 197:14 269:3 asphaltl96:8
accuracy 15:13 150:1177:15 168:16171:10,11 159:9 185:23 32:2333:550:12 andlor 19:24 75:25 auymore 108:25 186:7187:9 271:4275:10,12 208:13 213:3,6,7
274:11291:24 258:23 173:12,15197:3 198:20241:19 130:8131:7 75:2580:10 235:15273:24 188:19189:17,23 275:16,22 213:8,13226:10
accurate 10:24 activity 110:11 251:18,22274:11 286:22 162:24163:8 115:10167:10 anyway 257:21 190:13193:7,9,12 April 1:9,12 3:2 259: 15 262:20,20
15:9 16:24 22:9 actua180:6 92: 15 275:3 airport 298:7 173:18178:17 170:6171:1,4 apart 192:2,5 193:13194:12,19 7:1458:2059:3 270:20
22:14,17,2123:10 93:1,5,15254:6,7 agreed 43:1,6,14,21 Alabama 74:20 179:17180:6 287:25 255:11,22256:15 194:22195:7,14 59:17,24176:16 assemble 185:12
23:11,1727:19,23 ad 125:2 47:3,16,1888:3 allocate 112:4,9 182:2 189:19 Angel 145:9 257:4 195:15 198:16,20 298:11 assembled 198:11
28:2,3,11 32:5 add 172:24173:1,8 97:25 130:13 211:7 278:22281:15 Ankrom 250:18 apologize 13:20 199:1,1,5,18 ARAPAHOE assert 166:20
33:847:5 99:22 204:21206:1,4 131:12275:18,20 allocated 58:6 analysis 186:1 answer 14:3 15:2 75:10 200:5 202:7 203:9 300:3 194:16200:16
175:7200:9274:9 added 173:2 293:21 295:23 211:10 270:24 251:19,22 15:1316:10 17:8 app 171:24 188:22 204:21,25205:1 arbitration 252: 11 201:11,19241:24
299:3 adding 167:20 301:8 allocating 280:3 Anderson 3:12,13 24:827:14,15 267:21269:1 205:25 206:8 252:15,18,21 241:25 295:6
accurately 17:3,9 addition 113:11 agreeing 24:20 allow 128:20 3:1914:2025:24 28:8,15 33:945:5 271:5,5 275:25 267:10 268:11 architect 162:9 296:8
115:3 188:21 additional 88:4 289:11 allowauces 174:9 26:828:1435:13 45:13,16,18,24 276:6,16,21 293:23 163:21 250:9 asserted 12:117:11
211:2 106:23 107:20,25 agreement 43:12 188:4 35:17,2337:4,11 46:23,2449:8 apparent 12:20 applications 4:6,9 architecture 194:23241:23
....... ................................ ................. . ...........

depo@huntergeist.com HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490 depo@huntergeist.com HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490
In Re: Mountain Adventure property KIRK MOISAN 4/25/2008 In Re: Mountain Adventure property KIRK MOISAN 4/25/2008
Page 3 Page 4
244:15 193:24 194:5,15 275:14279:15 93:11,1394:10 36:472:886:8,16 277:10 170:19203:7 138:3,21 139: 10 244:17 148:18150:22
asserting 107:12 200:16,20201:5 AugnsllSeptember 96:497:2099:8,9 89:23 105:10,12 Bates 157:15 204:14205:20 139:15,20140:2,7 big 35:22 255:13 151:13,16,19
184:19 201:11,19222:20 230:13 106:3,5 110:5,6 105:14,16,18 158:13 171:18 209:7213:12 140:8141:16 bigger 242:8 153:1194:4,14
asserts 232: 11 277:2 Anstin2:20 110:19,22126:18 106:17108:15 175:17,19176:8 221:5223:24 146:17147:1 biD 34:21 38:644:6 250:1
assign287:18 attempting 79:24 authority 260:20 127:7130:11 138:20 139:8,16 185:20 186:8 225:2230:2247:7 148:3151:21 114:12,15174:15 Bob's 154:18
assigned 246:4 attention 288:4 authorized 260:18 131:1,10 140:10 140:13,16,19,22 187:10 188:23 250:3257:6 156:1165:17 177:6,17178:3,5 boUerplate259:13
287:21 301:13 261:9,20 140:12142:10 164:25 165:3 198:15199:19 264:10,24 266:8 166:22167:18,23 178:10 193:15,20 bond4:14215:5,6
Assignee 138:11 attenuated 66:24 available 9:17 154:18157:14 197:20220:4 202:7 280:10,16 168:1 169:21 213:11 225:3,5 215:9,10,12,22,24
141:8 attorney 197:10 42:10 116:10 160:20,22 165:20 252:10,22281:7 Bay 76: 10 believed 221:2 170:10,13,17 246:12,13,15 215:25 216:2,3,6
assignment4:1 296:17 259:22 165:22 169:23 281:11 284:21 Beach 76:2,5 belongs 94:23 171:9175:10 249:20265:15 216:12,12,16,17
286:12287:3,6,11 attorneys54:9 82:6 Avenue 2: 16 171:13,15175:5 bankrnptey 1:1 bear 147:19 benches 228:2 178:23 179:2 267:16269:4 217:2,3,8,16,21
287:12,24 288:1 279:21294:16,19 award 252:11,15 176:20183:4 57:9,13 66:23 beat 197:2 Bend 56:3 69:25 180:14182:17 biDable 246:23,23 217:22,25 218:5
Assignor 141:10 294:23295:14 aware7:1912:8,9 186:8188:18 73:2 82:23,25 becoming 248: 10 77:4,16,22 188:11189:11,18 254:25255:3 218:11,14,17,18
assistantl2:19 297:2,18,25 12:1113:10 23:20 190:21192:12 83:2,11,14184:13 Beek 7:25 8:1,6,22 benefit 244:21 191:17193:3,16 biDed 30:5 114:8 219:17220:5,10
14:2327:16 attorney-dient 30:1 33:2,5 34:2 194:3201:3,15 184:17,20279:16 9:1813:13,16 245:9 194:7197:13 126:5 174:19 220: 15,24 228: 10
145:10153:24 295:12,18296:11 35:636:1553:17 209:24212:4,13 Bank's 80:12 14:722:2523:3 Bernstein 2:5 3:6 200:22 201 :6,13 175:2176:19 228:11,13,14,19
154:6 155:9,14 298:2 65:4,1866:568:5 214:23218:9 Barackman4:3,15 32:8,10,13,20 5:48:7,15 12:17 204:9216:7,13 177:9,12246:18 228:23229:3,8,11
assistants 174:13 _283:13 68:13,14,1869:17 225:3226:15 4:1619:1140:15 109:23 110:25 14:1,10,1515:1 231:6,10232:5,16 249:22 254:2,2,13 229:12,15,16,20
associated 175:13 Atwell 2:19 73:15,17,2174:1 235:13 241:1 40:17,2041:13,15 begnn59:16 15:11,19,2416:10 232:23 233:4 254:19255:4,6 229:23230:3,8,11
254:18 auditor 7: 18,19 74:7,11 75:23 242:23 244:5 41:1942:4,15 beginning7:119:1 17:25 18:4,8,13 234:21235:9 267:13268:8,16 231:2,12,14,21
Association 4:20 13:21 77:1978:1,12,13 247:11,13,17,18 145:3 206:15 45:1852:255:6 18:17,1921:9,21 237:20238:5,9 269:6273:2 232:3,14,22233:2
214:1263:16 auditors25:14 84:13,1690:23 247:22 254: 11 208:23209:10,10 56:158:16,18 24:5,10,1827:1,9 244:8249:1,4 billing 29:2 30:18 233:5,10,12,13,14
271:12 Augnst 19:18,20 91:1292:2393:1 255:10 259:9 212:1 222:19 60:494:9 106:4 27:2028:632:25 255:23256:23 174:3 177:5,13,18 233:16,18,21,24
assume 153:23 20:20,2321:25 93:5,6,14,16,21 261:22263:21 236:17,23237:1,5 108:19 110:21 33:2434:2537:9 257:22258:2 204:16245:23 234:4,6,18,20
181:16,19214:5,7 30:25 31:2 32:2 95:13 97:6100:15 264:22,25274:21 237:10 259:2 118:18 119:2 43:2245:1448:7 262:25277:15 254:18266:13 235:5,15236:1,2
216:16221:22 37:16,17,18,19,22 101:12105:16,19 281:25282:14 264:21 265:14 165:4188:5201:2 65:2,866:11,17 278:11,14280:25 270:16,17 236:10 237:15
252:1 38:1251:14,17,21 128:3147:9 283:5,5 284:6 Baron 64:23 272:2 290:24 66:2074:579:2 282:24 283:1 biUings3:14164:7 238:8,19,23239:2
assumed 229: 18 52:7,10,14,17 154:15 166:4 286: 11 290:20,23 base 188:3 272:3 behalfl:1119:25 80:1,2481:11,14 286:5,8,9288:23 177:12266:2,4,6 239:5,8,11,13,20
assuming 204: 15 53:1,6 102:4,5 201:25 224:6 290:25 based 22:7 31:15 40:11111:24 81:16,2082:1 289:2290:10,19 266:9 269:20 240:2,3,6 262:2
223:3229:15 128:11171:2 225:22 229:9 background 55:6 104:13 116:25 112:1 144:7,10 87:7,1688:19 290:22291:14 270:13 bonding9:9
232:6 176:12 187:12 236:15 238:16 backside 272:5 120:15121:14,17 155:15,16 184:9 89:190:2,14,22 292:11 293:8 binding 122:17 bonds 9:12 196:8
assumption 28: 10 188:10190:17 252:9,12253:2 backnp 32:15,17 122:21,22,25 197:20233:19,25 91:5,11 94:24 294:8,25 295:7,10 294:7 217:10,13 233:9
181:22278:5 191:5,25 193:10 262:14275:2 174:4267:13 126:6129:4 234:2235:22 95:596:199:3,13 295:17,22296:2,4 bit57:22 141:17 Booeo 164:9,11,12
as-built 190:22 193:13,14,21,23 277:22280:22 bad 231:4 232:20 135:24139:18 246:8253:21 101:8 102:10,16 296:13,15,19,20 152:23225:3 178:13,17184:4,6
263:10 194:10,10,13 286:3287:14,22 232:25 140:6164:7 260:18261:11 103:7 104:8 105:5 296:24 297:5,7,10 264:5 184:7,19,22 185:2
as·builts 192:7 200:5,11,13 288:2293:14 balance 17:19 22:5 184:18234:6 286:9 105:22 107:14 297:16,20298:1 blame255:21 185:5 187:22,23
202:21205:1 201:10,18202:1 awfally81:3 22:2025:2528:18 261:1278:13 believe 12:1413:2 108:2110:14 301:3,7 blank 78:2 188:7211:19
213:21,24 273:7 206:17,18,25 a.m 1:12 48:24,24 96:14128:11 289:9,14297:24 17:820:2223:8,9 115:17,23118:7 best 37:14 39:8 Blessinger 2: 14 212:1,5213:4,5
attached 4:13 208:3,5 209:20 135:4143:5 basieaDy 50:4 23:11 26:3,5 119:17121:7 42:2070:982:19 258:8 265:21 266:4,6,9
299:4,5 211:20214:19,24 B 161:24172:11 60:17153:7 27:1832:438:13 123:6,11 124:20 260:1265:2 blue74:18,1975:3 267:2,22268:7,12
attachment 120:16 228:24229:5,7,17 back 8:18,1910:1 270:21277:11 171:20222:2 42:11 55:2466:3 125:1126:23 271:17272:25 75:9,1376:9 268:14,20,22,23
120:18,19 230:1233:8234:3 14:517:721:13 babmces 12:20,20 basis 11:24 39:16 74:2075:8 81:5 127:15128:18 bet 173:14 147:12 Booeo's 188:1
attachments 92:20 234:9235:17,22 21:1528:2134:18 50:6 39:17,1953:3,13 85:2590:4,8,10 129:15,20,23,24 better 123:4,8,8 boat261:15 268:19
116:22117:1 240:5 260:25 38:1944:25 45:2 ballpark21:6,18 53:14128:15 90:13 117:1 130:21 132:20 140:7,8216:19 Bob 2:21 35:15 books 253:22,25
120:4 261 :23 263:8 45:16,1946:23,24 173:11,13 244:12 139:13177:10 120:17 128:25 133:23 135:12,19 275:13 36:7,8,962:5 borrower 104:3
attempt 111:5,8,25 269:1,7274:19 49:3,750:10 bank 1:112:2,18 236:19,22253:6 133:20 157:6 135:23 136:24 beyond 66:13 144:21147:21 105:2
53: 18 83:6 90:20
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depo@huntergeist.com HUNTER + GEIST, INC. 303.832.5966 I 800.525.8490 depo@huntergeist.com HUNTER + GEIST, INC. 303.832.5966 I 800.525.8490
Page 5 Page 6
bottom 142:23 271:25 124:22 125:6,9,11 295:3,8,13,20,25 carrying 46:8 cltanged31:25 32:1 229:21 233:6 246:1,11,15,17 141:11169:13 265:6273:14
172:23270:8 built 107:6226:9 125:13126:25 296:2,6,10,13,18 47:16 294:24 295:15 235:11,12236:16 249:13,14,16,23 comment 20: 12 278:18287:8,11
bougbt 259:24 bouch247:25 127:19128:22 296:22297:1,6,12 carve 168:4 297:23 city.required 215:8 254:16,17 129:20252:17 287:17,23291:16
boulders 212:11,19 burued53:23 129:19,22,25 297:17,23298:5,8 Cascade 70: 19 cltanges295:4 Civil 6:2 codes 112:9,11,13 comments 125:1,2 company's212:13
272:6 business 44: 18 130:23 131:20 301:20 77:20 301:10 claim 11:24 17:10 coincidence 189:25 commercial 64: 15 comparable263:7
Boulevard 245: 1,2 197:22 132:23 133:24 calculated 34:23 case 1:2 8: 12 10:3 characterize 17:13,18,2424:3 coUateral86:23 69:21242:18,19 compare 223:11
Booud 5:2,3,4,5,6,7 buy 98:22 281:24 135:14,21,25 164:6 53:2354:2073:2 261:18 31:14,2097:14 collect 134:13,16 connuission 299: 19 comparlng275:24
box 121:6,9 283:5,5,14284:5 137:2 138:5,6,24 caleulating 31:8 82:23 133:20 charge 83:14 167:15184:13,17 collector 244:25 300:14 compilation 273:5
boy231:5 buying83:19,23 139:13,17,20,24 calculation 160:9 160:18184:13,17 129:12,25 146:20 184:19222:7 college55:6,7,11,14 commibnent3:15 complained 252: 14
Boyle 30:9 buy.back 281 :22 140:5,10,17 caleulator 173:14 184:20232:25 190:7195:16,17 232:18241:23,24 55:15 197:22220:2 252:17
brenclt 136:17,22 141:24 142:3 California 2:6 cast 114:16 257:19 282:23 Colorodo 1:1,5,11 common 191:10 complaining
136:25138:14,17 C 146:21 147:3 301:4 catch 98:1 charged 133:18 claimed 210:15 1:12,13 2:2,4,7,13 commouly217:7 141:16
141:9,13288:10 c2:1301:20 148:8 151:25 call 121:22 214:8 category 203:21 247:10,21249:11 claiming 101:15 2:1640:2371:10 communication complaint 260:6
289:5,13,20290:2 cable 263: 17,22,22 156:2 158:14 256:25 298:6 cause215:21 charges 128:16 claims 11:12,19,25 71:14,15,18,20,22 54:9106:19 complete 160:22
290:5 291:5,8 Cal 2:2 3:3 5:3 6:9 165:20 166:4,25 called 9:24 10:2 caused 215:5 244:2,3254:4 15:10,1817:19 73:2118:19 147:20,25276:24 163:8,23 192:1,12
292:17,24293:6 8:13,179:312:23 167:20,24 168:4 39:2460:12,15 274:19 charging 164:21 32:933:681:5 136:20142:17 295:2,12,18 206:15207:16
293:18 13:17,22,2514:3 169:23 170:12,15 69:1970:1671:10 CEO/president 203:25 204:7 167:5,10 169:11 149:2,7,8,12 296:16298:2 208:10,13,14,23
breaches 293:13 14:13,16,1715:2 170:20,21171:10 71:2574:18 36:3 chart 121:14 170:6 184:19 240:21,21299:14 communications 208:24209:1,7
break 46: 19 82:17 15:14,2016:3,14 175:14178:25 143:19153:19 certain 65:15 81:11 check 147:24148:2 clarification 48: 1 300:2,5 301:4 295:14296:9 217:18,20221:3
116:7,8 141:22,22 18:2,6,10,17,21 179:3180:16,21 163:12252:23 161:2 148:10,12,14 79:2 coluum 163:25 compnnies56:17 221:16222:8
180:24183:10,12 18:2221:13,23 181:10,12182:20 269:24 271:5 certainly 54:4 166:19,24167:1 clarify 19:23 27:2 172:23,24173:2 57:3,1564:14 223:7,17225:2,10
183:14251:8 24:10,22,2425:4 182:24 183:2,11 calling 85:21 244:9252:3 181:4,6,7 194:25 131:22259:18 174:23186:24 98:5 118:19 225:13,14,16
294:16,20296:3,7 25:8,11,18,20 183:14,16188:14 calls 16:1118:8 certificate 162:9 211:13225:22 c1ear21:322:19 columns 268:22 136:22,25 226:4,6,15227:18
297:4,8 27:4,12,24 28:8 189:12,15,20 89:1100:5121:24 300:1 259:25 264:20 53:572:1999:18 combinations company 1:5 2:7 228:25 229:1,1
breakdown 125:16 33:434:635:3 191:19 193:6,18 132:21 295:2 certificates 163:1 265:12275:22 118:19165:3 79:21 4:126:17,19,23 230:15,15235:25
125:22 147:25 37:1443:2444:8 194:9196:23,25 298:1 173:20179:19 280:11 294:2 169:22207:10 combined 272:4 7:12,16,20,258:1 258:19259:19
201:23 44:2545:5,16,23 197:15,18,25 Camp 69:22 180:7182:9 checks 149:23,25 273:17,19,20 come29:2562:18 8:10 9:18,2410:2 260:4263:9,10
breaks 183:10 46:17,2147:2 198:8200:25 Cuutafio 2: 15 certifications 150:3,15,17,20 295:21 90:20 121 :25 10:411:1413:13 273:8
297:18 48:10,23,2565:6 201:8,25204:12 258:8 289:24 291:3 211:16294:4 cleared 72:25 147:11149:6 14:8,24 19:9 completed 108:4
breaknp 228:24 65:10,1266:14,19 216:10,19,21,23 capnbiJity 9:9 certified 3:8 162:4 chemistry 55:12 clearly 97:1598:14 151:18152:1,3 22:25 23:3 27:5 110:9130:3131:3
briefly 57:19 67:174:979:5 217:1,3,5231:7 capacity 10:12,13 290:7291:11 CHRISTIAN 2:2 121:3136:6 160:20,22173:3 27:1732:8,10,13 135:16160:13,15
bring46:15214:21 80:281:9,12,15 231:11 232:8,20 68:489:8239:19 certifies 138:11 Cbristopber61:6 169:17170:1 218:9226:15 32:19,2036:5 160:19161:1,15
242:22 81:17,18,2482:2 233:1,7234:25 capita1111:6,l1,13 certify 182:10 61:10 client 28:20 296: 10 245:10260:23 54:158:860:12 207:12218:15
brood 69:3,4 87:14,2388:21 235:16237:22 card 55:24,25 299:1300:5,10 chronological 296:17 263:24 273:14 60:14,19,21,25 220:6,11 222:25
bronght 69:10 80:7 89:3 90:6,19,23 238:7,11244:12 care93:19154:18 certifying 163:6 158:13 clientele 9: 10 281:10 283:14,21 61:17,2568:7 225:1233:23,23
111:14155:2 91:9,1493:11,19 247:16,25249:3,6 155:19207:21 chuin 196:7 237:4,5 chronologically client's 140:9 287:10 69:11,14,1972:22 262:16263:5,25
281:20 94:7,1595:3,8 249:7251:12 236:6,8237:17,22 237:7 25:17 Cliffs 240:13,15 comfortable 51: 18 75:1487:4 109:23 265:7272:1
Brunie 196:6 96:399:7,15 256:7,24257:10 238:1,3281:11 cltance24:2525:20 chronology 193:9 c1ose57:7173:9 51:2252:11 110:25112:10 273:10
261:24,25 101:11102:14,18 257:24 279:3,22 cared 238:3 29:996:18116:4 circulated 92:5,7 190:25251:7 coming43:1744:3 117:10 118:9,18 completely 184:24
brant 147:19 103:11104:11 280:4281:3,5 carried 108:3 134:4152:14 95:2396:25 c1nsed57:5 44:5142:17 130:9131:8144:8 294:9,12
bncks38:7 105:9106:1 282:23,25 283:2,3 273:17,19,20 168:10 221:12 101:14 116:23 Closer 70: 11 147:12 177:14 144:15146:19 completing207:22
bndgets 10:15 107:16108:6 286:4,11288:8,15 carry43:1,6,12,14 cltnnge 32:22 circulating 100:7 closing 283:24 192:16209:2 162:11177:14 208:4273:6
174:12257:2 110:14,17,19,24 288:21 289: 1 43:15,21 44:1,10 159:18,18,20,23 circumstances clue 147:12 273:6 193:25205:13 completion214:12
build 263:24 115:19,24 116:8 290:9,14,17 45:21 46:2,5 47:3 160:1,3,4,10 216:15282:17 code 112:24 113:3 commencement 214:21216:12 214:23225:10,12
bOOding 53:23 116:11,16118:11 291:12,15292:13 275:20289:11 173:1 243:25 city 70:6,7 216:9 113:3,7,15 115:6 291:17300:5 257:2260:24 Completions 76:24
64:13 117:10 119:22121:10 293:12294:11 293:21 292:1297:2,8,14 218:6,8,9,23 245:23,23,24 commencing 261:23264:10 comply 301:12
123:9,13 124:17
......... ............ ............. ............ .................. ....................... .......
depo@hWltergeist.com HUNTER + GEIST, INC. 303.832.5966/800.525.8490 depo@hWltergeist.com HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490
In Re: Mountain Adventure property KIRK MOISAN 4/25/2008 In Re: Mountain Adventure Property KIRK MOISAN 4/25/2008
Page 7 Page 8
composite 185:14 confused 99:25 93:17 94:2,4,12 219:17,18220:23 contact 258:10 241:18,19260:24 194:5,16200:16 corporate 74: 10 161:20,23162:2,5 292:2
198:11 connection 286:24 96:5,13,1497:7 222:17223:4,5 contain 270:6 262:17,22263:15 201:11,19261:1 129:12 164:2,5 166:7 corrected 13:9
comprise 270:5 287:13,17289:4 99:18,21101:3,4 226:11,14,16 contained 278:22 264:14271:1 controller 12:19 correct7:119:13 167:2,3,13168:25 23:2125:12
computer 32: 11 289:22 290:25 102:25 104:13 228:18230:2 contemplnted 286:15,20,22,23 14:2427:1630:9 11:114:14,18,21 169:1,5,6171:8 100:18,21,22
159:5,7 291:15 105:13 107:11 231:20,20232:2 83:21,25196:10 287:2,13,18,21 coutroversy 300:6 14:2520:1922:23 171:21 172:5,9,14 234:10
concern 49: 13 connections 245:2 111:15 112:5,15 232:13,13,22 200:20 201:4 288:9,20289:5,14 conversation 37:4 26:2028:10 31:23 172:15,18,19 correcting289:18
221:23 Connell 168:21 112:19,21,25 233:20 234: 1,2,5 contemplating 290:1,3,6291:4,6 37:13,21,24,25 31:2435:9,18,21 173:10 175:1 correction 119:5
concerned 81 :21 259:19 113:13 114:2,6,9 234:19,20235:5 30:2031:3248:10 291:9292:18,25 38:2239:1,3,7,9 35:2437:23 38:13 176:2,4,5,23 120:2 270:20
103:2222:5 consent 287:7,12 114:10,15,22,23 235:18,23,24 contemplation 293: 13 294:7 41:678:4,7,24,25 39:20,2342:7,19 178:15179:7,9,10 271:2
concerning 15:10 288:6,12289:23 114:25 115:9,16 236:12,24237:14 83:22 contracted 117:10 80:3 127:4,18,24 43:847:2351 :11 180:13 183:5 corrections 119:14
15:22 16:15,16,18 291:1294:15 115:20117:3,7,9 237:15238:8,19 content78:19 211: 11 256:2 143:15146:1,22 51:12,15,18,19,24 185:5186:13,16 correcdy 24:9
16:2124:1626:5 consider 7:10 117:25 118:5,8,14 238:22 239:2,5,6 context 192:6 260:3264:7265:7 146:24,24147:4,8 52:1953:7,8,10 186:17,19,20,22 115:6 170:8,11,14
34:13,1935:5,8 consideration 118:21 119:3,8 239:7,10,12,15,20 contingent281:23 contractor 117:21 151:23 153:10,13 53:11,1554:21 186:25187:1,7,13 265:11268:6
37:5,2140:14,18 87:25 120:1,12,23 121:3 239:25 240:6,12 continuation 118:21 137:18 153:16,18154:15 55:1,256:22 187:14,18,19 cost 67:2088:4
40:2441:742:5,9 considered 201:9 121:5,16,18 240:19242:11 163:12,15,16 160:19,22161:2 154:20,24180:18 57:16,2459:1,18 189:2,4,5191:16 98:23165:1,1,5,8
49:478:1779:1 201:17,22202:1 122:11,15,24 245:19246:4,9 172:22186:22 161:18162:23,25 208:18,19,21 59:25 60:2,10 191:22,23193:15 165:15,25 174:23
79:23 80:3,15 285:5,6 123:1,1 126:8 247: 11,22 248:24 189:6190:5 169:3 173:19 209:4,9,16230:18 61:1,11 72:2,11 193:25194:1,6,20 175:7,12243:21
82:2283:885:10 consistent 11:25 128:20,23 129:13 249:15,16,18,20 195:14200:4 179:18180:7 232:7238:17 72:12,1589:19,21 194:21199:10,11 246:24254:18
85:16 86:13 100:6 162:6 129:14 130:7,11 250:12251:18 202:6203:21 181:5182:4,5,6,6 258:17,23259:4 92:2,5,8,9,10 95:4 199:13,14,16,17 Costco241:16
122:6134:18 consistently 98: 1 130:19 131:6,11 252:2,25 253:3,7 continue 49: 18 238:2259:14 279:5,7,11,13,18 95:1997:11,14,16 199:24,25 200:2,3 costs 47:4 53:24
152:6 194:4,15 constitute 138:17 131:19,23132:4,6 253: 15,23,25 50:16107:24 270:2288:6 279:20,23 280:6 98:11100:7,16 200:6,7,17,18,21 211:4,10 284:2
198:24236:10 290:5291:8 132:7,10,18 135:5 254:1,14,14,24 122:24 125:3 289:23291:2 conversations 33:3 102:6,9,15,19,20 201:5202:11,12 counsel 91:22
297:13,14 constmction2:6,14 136:14,18,19,23 256:1258:9,10,11 127:11 129:5 294:15 36:15,2537:1,6,7 103:21104:1,2,4 203:24204:2,14 129:16277:13,16
concerns 53:7 3:22,24 4:1,14,18 137:1,19,22 258:14259:8 167:4182:5 contruetors 160:17 38:7,15,18,19 104:5 105:4 107:9 206:5,6,9207:13 279:25 280:1,7,8
concluded 298: 10 4:196:16,187:14 138:13,15,18,22 260:2,3,7,12,14 184:24 190:4 272:2 40:21,2454:23 111:20 113:2,9,10 209:6,17,18210:9 280:9,12,14
conclusion 132:22 7:21,24 8:10,25 139:5 141:4,10,12 261:21262:8,14 continned 51:7 controcts4:140:10 79:1980:13,15,20 114:3117:4,5,16 211:6212:22 282:21 295:5
concrete 223:25 9:810:8,10 11:14 141:13 143:21 264:15265:4,21 123:2283:19 50:751:4,9,10,13 80:2281:186:12 118:3,12 119:23 215:19219:20 300:10
224:4 11:20,2214:24 144:8,15 149:23 271:16,24 275:15 continuonsly 59:23 104:13,14 128:20 100:14122:6,8 120:13,19,24 220:25223:8 coouty57:19 107:1
coudition 138:16 15:2217:419:7 150:1,5,7156:7 275:19,20,21 controct 3:14 4:14 128:23129:14 134:22141:19 121:20122:24 224:11,21226:19 109:14262:2
175:2290:3291:7 20: 1 22: 1 23:24 156:10,13,20 278:18286:1,13 17:919:125:25 130:7,12131:7,11 151:25229:4 124:6 129:6,9,10 228:12230:10 299:13300:3
conditional 4:7 27:5,1633:17 162:12,17,24 286:15,16,19,24 26:130:1431:12 132:10,18 136:23 233:22252:13 130:20131:19 231:25232:4,15 couple 12:12 38:14
166:10 169:24 37:238:239:14 164:21,25 165:2,4 287:8,11,12,17,18 31:1651:596:13 184:25 270:18 279:10 133:3,4,16 135:8 235:20236:19,20 63:24 64:22 70:22
203:11 40:1,10,14,16 165:7,15,25 287:21,23288:9 130:19 131:18 286:13289:13 cooperatively 135:9,11137:23 237:2,3,5,6,11,12 70:22 100:19
conditions 141:2 41:18,18,20,21 175:11183:1 288:20289:5,11 132:4,7136:18,19 293:7 76:20 138:25139:1,6,7 237:16239:16,17 106:2 116:21
164:4173:24 42:1,6,1244:3,11 184:1,23190:18 290:1,2,6291:4,6 137:1,20,23 contn'bute 109:9 coordinated 58:7 140:24142:22,25 240:4 242: 10 146:11176:20
174:1,6,7,20,25 44:21 45:21 46:3 190:25 191:25 291:9,16292:16 138:13,15,18,23 contn'bnted48:6 68:21 143:1,8,22 144:4 243:14245:20 course 18:24 23:6
204:3,8,15,17,21 47:448:11,21 193:14195:11,16 292:18,23,25 141:4,10,14 85:188:6109:18 coordinating 94:3 144:5,9,22,23 246:4,5247:12,23 236:13,24
211:10 223:13,14 49:1751:4,6 197:4,11198:13 293:6,13,20,22 159:12,16160:8,9 257:4 94:12 145:1,2149:13 247:24248:20,22 court 1:114:4
223:19268:4 52:1653:2458:19 199:23200:19 Constroction's 161:1178:9 contn'buting48:11 coordination 60:21 150:5,6,9,10,11 252:2260:5,16 54:11,18,24 90:21
270:22 58:2359:2,6,9,10 201:4,9,17202:1 34:4 80: 10 84:2 182:25183:25 contn'bution 99: 1,5 64:11 150:19152:18,19 265:13,16266:5 cover 10:13157:10
conduits 213:19,22 59:17,2360:4,6 207:16209:5,11 117:20143:10,12 184:6,15 185:6,13 99:11,24 111:6,11 copied 145:3 152:21,25 153:6 268:10271:7,8 167:11170:7
263:17273:15 64:3,567:9,19 209:14,17210:10 178:9184:25 187:22192:21 111:13 122:16 154:11 156:8,9,11,12,18 272:12,14283:25 174:6
confer 180:17 69:10,1274:21 210:18211:4 235:14240:3 211:11,19212:5 contnDutions copies 25:7 215:2 156:19 158:19,22 284:3286:17,18 covered 174:9
confess 252: 15 76:7 80: 10 84:25 214:3215:5,21,23 Consultants213:2 218:19219:18 98:23 copy24:12215:1 159:8,23,24 160:1 286:20,21 288:6,7 181:24
confirm 15:5 87:4 90:25 92:2 216:10 217:12,15 consultation 295:5 223:5,6235:18,24 control 61:25 62:1 301:9 160:2,5,6,10,24 288:13289:16,21 covering 169:18
confronted 80:8 92:24 93:3,7,10 218:3,10,13,20,23 consulting 59:8 236:4237:18 134:24 193:24 copying 144:24 161:3,4,9,11,19 290:7291:10 170:2186:25
.~~~~~~~·.~~·.w.·.w.·.~·.v.·.·.·
depo@hWltergeist.com HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490 depo@huntergeist.com HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490
Page 9 Page 10
covers 167:8 crossing 227:14 271:5 decides 193:14 12:324:13,23 75:14,1876:16 155:17191:6 231:17233:13 222:1,14226:22 77:680:897:15
170:18174:7 crossings 190:22 dales 118:22 decisions 260: 18,21 29:885:591:13 77:778:1788:4,7 207:19243:25 238:21284:19,20 226:23227:16 97:1798:15
180:5 186:12 202:21 212:2,6 177:14210:19,25 261:20 96:16101:17 89:4,12,21 92:25 277:13 285:9,15,23286:1 228:3,16262:13 100:17108:11
CPH36:18 263:10,19,25 225:25264:4,21 deducted 262:21 125:12137:5 93:7,10,1794:2,3 direclly75:9185:2 297:2,7,13,25 270:12274:12 121:11 134:22
ereate 17:2 22:18 265:19 265:15266:3 deductiug 189:22 142:1157:1 168:9 94:11,12104:3,7 185:7209:24 disbonest90:9,11 275:3286:14 143:9,12 144:24
29:18103:10,11 cross-examination 294:1 203:22 185:8196:14 104:10,14111:15 dirt 243:2 272:4,8 90:13 289:23291:2 144:25 146:12,16
103:13 107:23 288:24 Dave 261:24,24 deduction 164:10 197:21 198:7 136:20 137:23 disagree 81:14 dishonesty 90:16 documentation 146:20,25 147:23
121:9159:3221:8 crystal 295:21 David 196:6 164:10 270:19 205:6217:4 169:4220:14 274:16 disk 32:17 34:23 148:9,13,17,20
created 22: 11 culvert227:14 Davis 2:22 280:15 deducts 195:16 221:10 222:9 244:22250:4 disclose 105:10,11 dispatched 58:6 documented 154:21155:2
29:2330:10,13,17 culverts 227: 11,22 day 76:18 91:25 deed 105:1,7107:8 245:12250:19 256:13 278:3 105:13,15 DISPOSITION 5:1 229:20 194:3,14196:5
30:24 31:8,9,22 current50:7161:7 92:14,15200:12 107:13108:5 299:2300:7 developments disclosed 105:18 dispnte66:16136:8 documents 12:14 208:8222:4
52:1761:1788:23 162:6163:2 203:12236:23 109:13123:9,12 depositions 54:5,8 60:1869:1674:3 discovery 81:10,13 136:11,12 12:25 13:818:1 233: 17 244:1
93:2,5,15 103:14 172:17 179:6,20 298:6,11299:14 123:15124:11 deposition(s) 301:6 74:11 75:14,23 281:3 distance 240:24 20:7 22: 11 23:6 250:1261:25
103:19104:24 275:23 300:13 127:14,20128:1 301:8 de-mobed 223:16 discuss 93:25 distracted 247: 16 24:1433:334:18 284:20293:17
106:8134:15 currenlly 8:23 22:5 days 78:22 79:13 133:12,12136:5 descrtbe 259:7 Dick 262:25 142:18143:3,4 District 1:153:23 35:3 44:15 46:6 donn32949@gm.••
221:7227:9 22:2071:2 80:23154:17 144:3 270:4 died 154:19 147:17195:23 division 270:3 48:1785:9,25 4:2
235:10 249:24 costomer 57:8,10 155:20,22259:20 deeds 135:17 description 115:10 difference 172:16 278:6 document 3:20 86:197:4100:6 door 10:22,25
254:15,20278:20 cut 196:21,25 272:6 301:12 143:17,19,20 115:13,14205:15 173:7276:14,17 discnssed 44:7 12:7,8,9,11,16,18 101:13,15104:23 double215:2
creating 30:8 dea140:5,5,6 52:2 deemed 81:7 descriptions 115:2 276:21 196:5262:5,10 12:2413:1,4,4 105:20 106:7 Doughty 35:15
103:17284:21 D 83:12,1697:23 default 138:14,17 design59:8,12 differences 255: 19 280:1 18:921:5,17 119:19125:7 36:1,2,3,6,11,22
creation 16:17,19 D 1:12 3:16:13,13 154:14 155:23 138:23 141:9,13 designated 15:21 257:6 discnssing 37:10 29:14,17,18,20,22 137:14162:12,13 73:1574:1675:6
29:16,19,2130:4 300:4301:16 194:5,15228:14 288:10,20 290:2,5 designs59:13 different 33:15 66:22 134:23 29:23,24 30:1,4,9 185:14191:14,18 75:2576:1677:7
38:8,15,19,23 daDy4:1839:2 229:2263:15 291:5,9292:17,24 desire 276:24 41:2259:10 81:10 150:25 281:13 30:11,12,17,23 198:13 203:5,8 77:2579:180:2
credit47:1885:10 damage 226: 16 266:9284:9,11 defer 134:21 detail 252:19 90:5127:20 discnssion 34:20 31:7,9,1148:20 210:13 221:11 80:23 82:21 84: 15
85:15,18,19,22,22 Dan43:16270:1 dealing60:18284:9 define 71:24 details 44:7 75:21 163:19 186:3 42:1443:2544:2 53:485:6,7,8,21 240:9241:22 89:14,17,20,23,25
96:12164:11,12 280:13 284:25 defined 72: 18 determine 17:2 221:21240:17,25 49:450:979:17 85:2486:3,25 257:14,18267:3 90:9103:15,16
220:4236:14 DANIEL 2:8 Dear 301:7 137:19 27:22 31:13 34:3 253:5255:16 82:10,13,1484:1 87:10,11,12,13,20 270:5 282: 19 144:25 145:1
270:16274:3 dash245:21246:1 deht48:6,1285:1 definitely 21:2 230:17267:13 266:6267:18 84:6122:1208:4 87:2488:2391:18 doing 64:3 115:2 165:6,10 194:4
creditors 94:3,13 267:14,15268:15 102:24 104:13 78:10 118:23 determined 230:8 differenlly257:9 230:19262:12 91:2092:1 94:16 115:11146:12,16 277:8279:5,23,25
95:19 268:16,18,19 107:18 122:2,5 119:10,21268:23 230:11 difliculty 255:18 277:25284:15 95:6,11,1596:21 189:24 190:22 280:7,14285:19
Creek4:11 12:21 date25:1637:13 126:7 127:8 129:3 delegation 10:13 developed 66:7 direct68:15139:17 285:2,14 96:24 97:3,9 98:7 197:2202:21 draft 213:22
13:1414:917:5 39:1,557:182:24 236:14289:10,12 de6very 174:13 283:20 139:24 140:5 discnssions 35:7,10 101:23103:12,13 238:2 256:2 264:9 257:17
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In Re: Mountain Adventure Property KIRK MOISAN 4/25/2008 In Re: Mountain Adventure property KIRK MOISAN 4/25/2008
Page 17 Page 18
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Page 23 Page 24
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67:21222:18,23 258:18283:8 99:9,16102:11 raise 141:18 154:1165:20,22 207:14,19208:16 162:20 185:18 137:22 145:12,24 relation 65: 14 271:11279:9
222:24242:19 pU1'8uant 1:10 6:2 105:23,24110:17 raised 41:6,11 166:10,14,16 208:19,21,22 recognized 103:3 165:18193:11 300:6 removal 210:11
protection 248:8 141:3 110:20,21115:4 raising 18:14 170:8,11,14171:4 230:18,21 258:24 228:15 215:8266:13 relationship 11 :23 remove 210:8
provide9:12,14 pnrsuing 86:15 118:12 124:21 139:22 179:16180:2,3 259:6271:17 recognizing 44: 15 270:4 63:2067:1668:6 removed 184:22
15:928:11 88:3 156:18 126:17129:16,18 Ralph 2:15 201:3,15 206:22 272:25 279: 12 44:16 refers 106:23 89:499:18100:1 212:15,17 272:8
244:21 pnrview 66:13 129:21 130:24 ramps 223:21 219:4221:20 285:20287:15 record 46:18 refinance83:12,16 187:25 272:23
provided 8:6,22 9:2 pnt95:24 101:5 131:17,20132:2 Ranch3:144:9 247:17,18290:22 288:12291:14,20 102:20185:10 281:13284:22,23 re1ationships 66: 14 removiug211:4
9:5,11 86:4,8 104:22 105:1,8 132:21,24136:1 185:11,13 290:25 299:2 294:14,17 197:19198:9 refinancing 284:25 66:17 repayment 93:10
88:17105:3 106:7,10,11 139:12,14,15,22 Randall4:5153:23 reading 169:17 recap 12:20 28:19 257:11,16,25 reflect 24:3 102:20 relative 117:6 repeat14:1,4 21:12
133:11138:19 107:22 111:22 140:3,3,6,11,12 154:5 171:6300:15,16 31:1696:8 270:2 277:23,25 110:2,7,22111:1 release4:8166:10 130:22 180:23
140:21156:16 124:12 143:10 165:19,22175:1 Randy43:1,6,9,10 300:17 recappiug 25:25 289:15295:5 111:5 114:5 166:24167:5,8 repeated 85:12
198:23215:23 212:1213:24 180:19193:4,5,17 43:11,1444:1,10 reads 169:8 recaps 98:4 296: 1 298:4,5 135:20159:13,19 169:8,18,24170:2 106:3126:17
234:8251:23 218:5223:10 194:8200:23 45:2046:2,5 ready29:11116:16 receipt 156:16 recorded 108:9 160:12161:14,17 170:17,23,25 165:19194:8
281:7282:20 226:12235:12 201:1,2,14,15 47:1860:1762:20 229:20258:21 166:23167:1 196:19197:4 163:16,24211:3 171:7203:11 247:15
provides 27: 19 241:17256:20 204:13,14221:21 62:21117:12,18 real 8:13,17 60:20 Receipts 3:14 219:10 217:6,7247:10,21 218:6228:10,11 rephrase 129:16,18
165:6283:18 263:23,24 281:14 227:8232:19 126:24127:10,25 64:1280:5 130:10 receivable 33:12,14 recording 196:21 267:2268:8,12 228:14,22229:8 report3:1531:16
providing 28:3 pntting 81:20 96:5 247:14,18255:13 133:20136:13 131:10 189:25 33:15 196:22 288:14289:3,15 released 167:15 31:18,18,2249:3
92:22169:5 98:15137:13 255:24 257:13 146:5147:15,19 235:4278:10 receivables 33:19 records 112:2 291:23 172:25229:13,24 49:7174:23
provision 287:3 157:4190:21 269:6274:21 147:24148:2,5,10 282:7283:22 33:23 114:5,21 183:3 reflected 11:13 229:25 reported 49:7
pnblic 1:13 9:10 258:20 278:12,14281:1 148:12,13150:22 realize 13:15 receive24:1288:2 253:22,25273:6 32:4,933:648:16 releasing 166:20 reporler 1:13 14:4
200:11299:19 P,C2:12,15 290:11,13,19,20 151:8,13,16,19 realized 235: 14 113:23 118:24 Redmond 56:4,5,7 48:19 112:2 122:7 167:14 54:11,19,24300:4
300:4 p.m 116:15,15 290:23,24291:15 152:18153:19,25 really 42:1 60:5 211:13 56:10,12,23,24 159:25 178:4,13 Relevance 8: 13 Reporlers301:17
pulI42:12133:24 141:25,25 142:24 293:4,9295:1 154:20 155:1 79:17,19103:1 received 11:7,10 57:5,6,12,12,17 180:12205:24 relevant 8:9 REPORTER'S
174:3189:13 183:15,15251:11 297:21,21,22 201:21237:8,9 106:21 235:8 24:10 30:692:10 57:18 206:7211:15 re6ed22:25168:25 300:1
190:2195:20,22 251:11298:10 questioned 84:8,12 239: 10 248:5,6 237:17295:23 92:1395:11110:7 reduced 159:23 224:10,17243:22 169:3 reports237:1
259:9 84:15 256:4294:2 reason 90:4,6,8,10 111:18114:1 172:8,13300:8 246:10 253:22,24 relies 9:8 represent 102:12
puOed 157:5 158:9 0 questioning 8:9 Randy's 154:11 90:12177:8 149:23 150:7,16 refer 10:1,4 17:7 254:4275:11 relocated 226:25 125:25 186:3
pumps 205:16 quantify 111:8 66:1281:8,21 rarely 117:23 189:16215:2 150:17163:2 72:1979:10 129:3 289:8 rely 156:23 210:16258:9
punch 192:14,19 quantities 213:3,6 95:14288:8 rata 281: 16 263:6276:13,17 173:21179:20 134:21 209:23 reflecting 210:19 relying 210: 10 representation
196:12233:24 213:13 questions 3:8 42:2 rate 128:12,22 276:20 180:8 182:10,11 286:10 294:6 reflection 288:19 remainder 244:22 164:24 165:3,11
purchase 44:16 quantity 271:9 87:15,17,1991:6 133:19 reasons 262:22 182:14 193:22 reference 3:11 reflective 177:12 remaining 50:6 representations
45:7,9,10 109:6,7 quurterbackiug 106:2122:4 raw 88:6 rebuilding273: 16 257:14287:24 82:25 117:24 177:13 196:4 242: 16 165:13,23 166:2
109:11 130:8 255:10 124:18 135:24 reached 46:7 47:14 rec57:20,23 receives 166:18 119:15,21,23 ret1ects 17:4,9 243:18 representative
131:7281:21 question 8:18,19 140:18141:22 50:251:17,21 recalculation receiving 42: 17 referenced 92:20 102:21110:11 remedies 81:25 15:21 207:15
purchased 212: 11 11:1614:2,3,5,11 152:15166:12 52:10,1453:6 274:20 92:12,1695:17 142:14 193:19,20211:13 remember 37:4,25 239:19
227:6 15:3,25 16:2,11 232:18258:3 reaction 231: 1 recaU 37:1039:9 110:15 references 117:24 268:13275:6,25 38:2,2339:10 representatives
purchuses 58:7 16:13 17:821:4 263:1 269:17 read 8:18,1914:5 42:20 43:5 49:12 Recess 48:24 119:3,6,7,11,11 regard 258: 11 45:2347:11 84:24 73:16
purchasing 64:14 21:10,15,1624:8 279:1 286:6,11 21:13,1544:25 51:153:454:10 116:15141:25 240:9 Registered 1:12 92:12,14,1693:23 represented 102:7
purely 117:9 27:2,7,1428:9 288:16292:14 45:2,16,1946:23 54:1865:2375:17 183:15251:11 referred 67: 13 300:4301:17 95:14,17 96:3,7 175:6211:1
purported1y 17:22 29:430:1633:1 297:13300:9 46:2487:6,11,21 79:1782:19 recbaracterization 72:25118:4,13 regular 264:6 96:24 97:3113:16 239:15
purpose 31 :9,11 37:9 45: 1,2,6,17 quit18:3 139:21 87:2393:11,13 110:15 112:3 274:20 119:9 120:24 related 40:10 75:9 113:17,19,21 representiug 64: 10
103:16107:17,20 48:865:13 69:1 quite 144:12 94:7,10 99:8,9 118:22 127:4,17 recites 275:4 149:20217:8 80:6,9300:10 116:23 119:7 280:14
146:13,16216:6 74:675:11 78:5 quote 188:4 106:5 110:19,22 127:24128:1 recuguition 103:4 referring 34:8 relates 151:14 120:5136:8 represents 126:1
222:3280:2 79:1182:585:12 115:18130:23 142:7,10,13 271:2275:15 72:2079:3,4,6,11 171:1,11 143:25 148:25 204:11 210:5,6
purposes7:612:25 87:990:3,1891:6 R 131:1138:12 143:14,17145:19 289:9 118:5122:15 relating85:1786:5 149:4 152:5,9 request 24: 13
30:1831:8117:10 93:11,1394:7,9 R2:1 140:10,12141:1,7 151:22178:8 recognize 124:1 126:10 132:1 93:9 165:14,24 221:6227:20 110:16119:5
94:25 96:22 99:8 rah 152:7,7
Page 27 Page 28
210:19218:10 186:2258:10 269:19 224:17,18,20 185:17,20186:8 71:673:2274:21 153:23 154:8,21 239:5,6,7,7,10,10 role 6:25 7:3,5,9 RV67:20
277:8280:17,20 278:1286:12 reviewed 29:12 229:14231:24 187:10 188:23 74:2476:778:16 155:1,24156:4,10 239:11,12,15,16 8:4,11,20,23 9:23 Ryan 19:1140:15
287:17 289:22291:1 91:18157:23 232:9233:9 189:12193:11 80:9,10 84:2,7,11 156:13,20157:9 239:19,20,25,25 10:8,16,2311:2 41:13,15,1842:14
requested 176:3,19 295:19 171:21 251:2,16 234:15,16240:23 198:15 199:6,19 84:14,2586:19 158:25 159:3,6,9 240:2,6,12,19 19:4,729:16,19 61:5,7145:3
187:15199:12 respectively 61: 19 reviewing 12:13 242:9248:1,19,25 200:8202:7 87:3 88:1,13 162:12,17,24 241:23242:11 29:21 30:3,4 206: 15 208:23
212:1,20227:4,9 respond 121:21 23:697:3248:2 249:8,15,16 206:21266:19 90:25 92:2,24 164:21,25 165:2,4 244:20245:18 35:20,22,2536:14 211:25,25222:19
277:9,18279:6 127:9 revisions 270:18 250:25 262:19 Robert62:5,9,l1 93:2,7,1694:2,4 165:7,14,24 246:3,9,9,18,22 56:11,1660:9,11 236:23237:1,10
294:16300:15 response 24: 11 re-notice 197:24 265:17266:1,20 Robin 175:7 94:11 95:25 96:5 166:18,20168:24 247:11,11,22,22 60:14,1663:16,17 259:2 264:21
requestiug 38:3 49:597:5147:14 Richard 2:11 7:16 268:4,5 271:4 Robinson 2:5,6 96:1397:799:18 169:24173:22 248:9,10,16,18,23 64:6,8,10 68:24
179:6203:18 200:20201:4,10 301:21 272:13274:1 3:19,22,244:4,18 99:20,21,23100:1 174:15175:4,5,6 248:24249:12,15 69:3,4,9,1274:21 S
requests 236:9 201: 18 202:2 right 15:15 31:20 275:6,8276:5 4:196:16,187:8 100:13 101:1,3 175:8,11176:16 249:16,17,20,20 75:676:477:7 S2:1
require 218: 10,22 210:18229:10 37:11 38:10 48:23 294:21 7:13,17,21,238:2 102:25 103:1,2,23 176:21,24177:9 250:12251:18,22 117:6,15,17,20 Safeco4:14
226:10 287:7 respoost1Jilities 49:2150:1451:23 rights4:1166:20 8:9,249:1,4,8,14 103:25 104:6,9 178:8180:1,12,24 252:2,14,25253:3 120:12,13 121:15 Salem57:21
required 9:16 16:9 109:8,9 112:21 62:1363:1867:14 201:12,20257:23 9:1910:8,10,17 105:9,13107:11 181:25 182:6,25 253:6,14,23,25 252: 1 276:23 saIes64:13,16
164:1168:24 respoost1JUity 30:8 70:1271:575:17 258: 1 286:12 10:1811:9,14,18 107:11109:15,19 183:4,19,24184:1 254:1,13,14,21,24 roles 6:20 64:24 283:13
178:9' 264: 13 107:19 85:21 87:2089:18 risk 147:19 283:9 11:19,20,2212:1 110:2,18,23,24 184:5,9,10,15,25 254:24 256:1,4,4 117:2,7 sanitary 178:14
271:15300:17 rest 86:15 242:15 91:19100:2102:4 River 69:25 77:3 12:24 13:5,12 111:1,6,12,13,14 185:4,7,15187:24 258: 10 259:8 roO 225:3 Sapphire 57:11
requirement 9:9 243:3 102:15111:19 77:16,22 14:7,24 15:21 111:22,24112:1,5 188:1,19190:18 260:1,3,7,14 roOed 196:13 satislied53:6141:4
214:1216:9 restroom 251:6 113:20119:16,22 RK36:961:15,16 17:4,11,2219:7 112:6,14,15,18,19 191:14,20,25 261:21262:8,9,14 Rollette 64:23 saw 23:5,13 26:5,12
235:13287:6 restrueture83:16 120:5121:16 62:4 63: 17 68: 11 19:14,25 21:6,18 112:21,25,25 192:23 193:6,14 265:4269:8273:2 Ron 35:1536:14,16 86:10 137:8,12
requirements retainugel60:16 122:1123:16 69:771:4,5,9,13 22: 1,21 23:24 113:4,13,13,24 195:11,16,25 275:15,18,19,21 36:17,2040:12,22 152:24172:11
229:3,24236:16 160:21,25161:3,6 127:21 128:7,8,9 71:1972:3,13 26:10 27:5,16 114:1,6,7,8,9,10 196:16197:4,10 278:17285:18 41:1,13145:1 176:20 266:7
237:24256:16 161:6,13,25 129:14133:6,10 73:6,1974:25 28:22 29:5 30:6 114:12,13,14,15 198:13 199:22 286:1,1,10,16,24 196:6222:4227:4 saying 22:7 42:8
292:19,22 169:15172:8,12 133:15139:3,17 75:2,9 76:4,13 30:2031:3,13 114:22,22,23,23 200:19201:3,9,9 287:8,10,16,23 227:9233:17 47:550:1388:17
requiriug229:21 172:16,25 173:2,6 139:24 140:5 144:7,10,13,14 32:7,21 33:17 114:24,25 115:8,8 201:17,17202:1 289:11 291:16 243:25256:8 97:2199:1,11
271:13 173:7179:9 142:21 145:4 241:12248:9,14 34:4,935:437:2 115:15,15,20,21 203: 18,22,25 292:16,23293:16 260:19,24 261:4,9 119:18121:6
reread 132:3 186:18199:15 148:20,25 150:12 248:19,21,24,25 38:240:1641:18 115:25117:2,3,7 207:16209:5,11 293:20,22294:2 ronsillsmail@ya.•• 148:9 150:17
research 277:9 reteution 160:17 154:6,10 159:1 253:18,21,24 41:20,2142:1,6 117:7,9,12,13,17 209: 13,17,21 Robinson's 11:12 4:3 155:21 165:9
reseU282:6 161:16167:11 161:8 162:3 163:3 254:3257:20 42:1643:10,14,21 117:20,24,25 210:8,10,17211:4 15:10,1817:18 room 262:24 175:5 182:16
reserve 81:25 170:7 164:1,4,14,19,22 rood 202:21 212:2 44:2,10,2045:20 118:4,6,8,13,14 211:14,25212:1 24:333:21 39:11 294:20295:14 184:12,18192:13
197:23 257:22 retired 7:12 252:8 167:17,25169:20 212:5245:1 46:2,5,13 47:1,3,9 118:19,20 119:3,4 214:3215:5,21,23 42:1743:1253:7 rooms 54:22 192:20 193:2
reserving 258: 1 returu 212:5 171:4172:4,23 263:18,25265:19 47:15,1848:11,21 119:8,9,15120:1 216:10217:12,15 84:9,1788:11,12 roster41:3 229:18252:24
residential 64:13 222:16249:25 173:9176:1,22 272:3273:16 49:3,6,10,14,17 120:12,13,23 218:2,10,13,19,23 88:1597:13 roughed 272:6 261:12264:9
64:13 301:11 178:13179:6,13 284:5 50:3,12,1551:4,6 121:3,5,16,18 219:17,17220:23 117:18127:23 roughing 271:25 285:10,12
resolution 50:1 returns 110:9,15 180:19,22,25 roads 242:23,25 51:17,2252:10,16 122:11,15,23 221:1223:4 153:24154:6 ronghly 58: 15 says 29:5 51:2 53:1
53:6,9 revenue 257: 1 181:3,8,9182:7 271:25272:3,5,10 52:2253:1,13 123:1,1126:3,7 228:10,18229:16 155:3,8,14168:13 111:18271:6 87:394:17,19,20
resolve 80:13 revenues 274:20 187:16,17189:1 272:11273:16 58:19,23,2559:2 126:14,19127:1,9 230:2,24231:20 168:17179:23 ronte 201 :22 98:9,21 103:23
284:24 review 17:120:4 189:23 190:1 roadwork243:6,12 59:5,9,10,17,22 129:13133:6,7,20 231:20,23232:1,2 182:21 280:1 Routt 109:13 262:2 106:25121:17
resolved 58:4 21:222:10,17 195:3,4 197:8,23 273:8,9 60:4,6,12,15,16 135:4 136:9,13,13 232:8,11,12,13,21 rock 2:5 212:21 Rouue 106:25 123:3,21128:7,8
149:22261:22 24:15,25 25:21 201:12,20203: 13 Roh 208:8 233:9 60:2261:3,5,5,6,7 139:5 141:12,18 233:8,10,11,19,20 226:25258:20 RPR301:16 128:10 129:8
Resort70:4,17 29:10 87:12,20 203:23 204:1,8,13 239:18 61:8,10,12,17,21 142:16143:10,12 233:25 234:2,4,19 259:15301:3 Rule 1:8,10 8:14 137:17138:10
Resorts 68:22 96:18101:19 204:22 206: 12 RohCon 95:10 62:20 63:2,21,22 143:21144:7,15 234:20235:5,13 Rockett 3:17,19 81:2,1282:11 145:25 146:12
69:1577:12,20 117:1134:11 207:4,12209:11 98:12,16,2299:1 64:5 66:4,8 67:2,6 146:23,25 147:5 235:17,23,23 rocks 227:5,6 243:2 198:3281:2 147:23 150:24
Resources 168:22 152:14157:24 209:14211:2 99:5,11100:1 67:7,17,1968:8 147:15 149:6,11 236:12237:8,9,14 Roger 222:4 261:10 Rules6:2 154:13 155:6
respeak75:11 162:13166:9 214:9215:7 157:15158:4,7,16 68:15,21,25 69:6 149:23150:5,7 237:15238:7,8,19 261:10 runuing 255:8 157:11,11158:8
respect 120:20 221:12248:6 219:10 223:14 178:21179:1,11 69:9,10,1770:24 152:18153:17,22 238:22,25 239:1,3 Roldan 2:21 260:21 158:18159:18
161:13 164:13
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Page 29 Page 30
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168:3 169:2 170:5
170:17,25173:17
92:194:17,19
95:2398:7,9,21
283:23
Seminole 76: 10
225:10,16
services 156:16
side 35:4,4 75:7
256:10
sit 90:15
site 19:12,13,14,16
107:11109:15,19
110:2,18,23,24
126:24,25 127:3
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spoke 146:23
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started 58:19 59:2 ·
179:17191:9 103:22,24 106:22 seod 144:10 153:19
154:3,9 176:21
167:9,15169:10 sidetracked 247:14 19:19,23,25 20:3
20:11,13,17,21,23
111:1,6,12,13,14
111:22,24112:1,6
220:19255:25
294:23
spoken 16:8
spoUy264:5
60:163:15106:18
190:21206:14,20
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200: 12 206: 17 115:7117:24 170:18187:22 sign 126:19 261:11
211:9220:3 121:10 123:21 seoding 128:15 211:19259:21 signatore 15:6 20:24 39:13,16,17 112:14,18113:1,4 speaking 119:20,22 spread 283:9 264:22273:14
221:22225:12 128:7,13137:16 144:22152:18 setl88:3,4 26:15,15,19138:8 39:19,24,2540:1 113:14,24114:7,8 specilic27:6,10 spreadsheet 92:22 281:12
257:17276:1,10 137:18,19138:10 155:9,14 156:3 seUlement 81:5 144:14,18,20 41:9164:13 114:12,13,15,22 33:237:7,13 39:1 96:1597:10,12 starters 106:12
seensrio 196:12 144:21146:1,13 176:24292:15 82:14280:23 162:17,20,21,22 177:11204:6,6,25 114:23,24 115:8 43:2,6,12,1551:1 134:12 starting 82:20
seltednle 163:17,18 147:25 153:22 senior 7:6 281:5282:15 173:22179:11,14 205:3,4,17209:21 115:15,22,25 53:469:274:7 spreadsheets 3:20 264:15270:8,14
191:3222: 18 157:15 158:7 senior-level 10:11 284:14,15,18 299:12300:13 209:25 210:7,11 117:3,7,12,17,24 86:2113:6114:17 92:1695:17,22 271:16
seltednled 19:2 162:3,17163:13 seot 23:225:14 285:2,9,14,15,17 301:8,9,9,11 210:12,14211:1,5 118:6,14,20119:4 118:22 119:20,23 96:4 state6:6,1218:7
seltednling 10:15 164:3 168:14 28:13 35:4142:21 285:23,25 signed 14:23 15:4 214:22227:19 119:9,16 120:13 127:4,17,24 spring 190:21 36:4,472:898:22
192:3206:12 169:15171:18 142:23 144:6,6 seUling280:2 19:226:1447:12 236:18,21,23 231:23232:1,9,11 143:14146:10 218:7222:17 198:9257:24
207:6258: 18 172:7,20173:21 147:15 152:20 sewer 245:2 47: 15 104:23 264:10 267:14 233:20239:1,4,7 152:5 163:25 264:18 281:7,11299:14
seltooI53:23,25 175:18,23176:11 154:25 155:20 shscks 174:8 106:7,14 108:9 sites253:5 239:12,16,19,25 168:5170:2171:8 Springs2:163:14 300:2,4
54:20 179:21186:12,24 157:25177:6 shsre255:21 126:14 127:20 sitting39:854:12 246:9,18,22 191:8207:19 4:9 12:2225:10 stated 170:1171:12
scope 90:17 184:25 187:10 188:23 178:3213:22,25 281:16 137:11139:2 91:3148:25 177:8 247:11,22248:9 208:16,21210:18 26:10 47:20 79:8 statement 4: 10
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depo@huntergeist.com HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490 depo@huntergeist.com HUNTER + GEIST, INC. 303.832.5966/ 800.525.8490
Page 33 Page 34
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90:25 112:24 transaction 66:18 trying 25:2 38:1 unaware 76:2 untimely 192:25 109:23 110:25 181:6,14,20,23 119:11,13 120:6 149:8,10,12,15 198:22210:14
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148:9,11,13,18 255:1283:4,22 83:15 91:20 98:3 unele250:8 Updates 3:18 various 4: 13 95:19 198:25 214:13,14 137:15,16143:3 208:1,2,3,5 257:17260:19
uncommon 92:18 198:24 240:9 158:15 168:5
.... ................................ ................ ............ ............ ............
Page 35 Page 36
whatoot243:3 165:8,15,25 272:10,20273:1 263:16271:12 $1,332.44189:20 47:4,17,1948:5 00284 206:21 104:148:3133:25 144:7125:8168:9 2
WHEREOF 167:24172:20 273:20,24,25 yawning251:20 $1,399.46187:16 48: 12,22 50:6 00287266:19 134:1137:5,6 168:11170:22 23:13,24 21:6,18
300:12 173:15,19175:6 worked 56:3,18,20 yeah 40:22 47:6 $1,400 195:18 51:752:1653:9 01904138:2 196:20197:1 171:14175:17,25 22: 1 24:23,25
whew231:4 176:15,18,18,25 57:1958:17,22 54:458:16,19 $1,411,00096:14 87:25 88:3,11 0635:1137:17,18 206:18214:19 300:14 25:21,23,24 29:4
wWchever 258: 15 177:3.5.9178:10 59:2260:663:2 59:13 92:18 95:21 $1,435193:1 99:23 102:24 37:18,1958:20 286: 13 288:4 1424:2,5 31:2332:2398:19
Wholesale241:16 179:18,25 180:7 112:1,4,5114:12 97:1114:14151:4 $1,435.73190:8 103:3,5 104:7,10 263:12264:16,18 10124106 4:3 143,573206:5 110:22141:1
wide 255: 13 180:12181:14,23 181:18210:19 153:25154:11 $1,450.09 189:4 104:12 118:9 270:15,15271:6 10127/06 4:5 154:9111:18 150:5 206:21
willing 129:5 182:1,12183:23 259:17 163:21165:10 $1.3 220:15,24 122:25 126:2,7 271:10,21,22,23 1013106137:9,11 157:11176:9 219:22224:4,20
winter 190:21 184:8,24185:2,6 working 7:5 42:25 171:25172:24 230:3231:8232:3 128:17133:18 273:3,4 289:24 10:1548:24 185:8,10,20186:7 224:23226:13
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wintertime 263:21 190:8,11,12,18,19 59:1360:1969:12 183:13184:21 $1.497:13 136:3,7141:20 0609250:3 100 177:20 251:9 242: 19 260:25
wiring205: 16 190:20 191:6,10 74:1576:20 188:16190:15 $10,000 227:24 143:6 151:20 0695205:19 10002:19 15.4111 :2,4 261:23267:14,15
207:17,19 191:21192:1,4.12 103:20 113:4.13 197:15202:3 $100,000 227:24 275:1,16,20 077:14228:15,17 1013:21178:12 1574:6 268:15,15,18,19
wish 289:15 292: 1 192:18,21193:1 129:6 144:12 206:23 243:5 $1148:3 289:10,11293:20 264:18269:1 104106:4 164:10 38:12 271:5275:10,12
withheld 160:17 193:13194:20 177:11181:22 259:9263:8 $119,000172:14 293:21 274:4,19,19 106175:18,20 157:13169:14,19 275:16276:3,16
186:18 195:12,17196:4,9 191:11,15248:23 266:21,25267:3 $12,000 276: 17 $5,000 204:8 279:15 107175:19 178:21179:1 2nd 106:25
witoess 12:4 15:20 199:9204:5,24 248:24,25 249:14 268:22269:10 $130 205:4 266:20 $5,055.14199:12 Oil-101M-ABC 1:2 114:2142:1,3,5 187:9190:13,14 2,245.67167:2
18:3,524:1645:1 205:15,23206:7 254:9261:16 274:2275:9282:4 267:15,17 $5,181,000 120:1 152:24 193:10 196:14,16 2,350,000 276:10
66:21,2581:18 206:12,20 207:5 264:22 284:20 297:20 $1698:22 $5,181,572121:4 1 11/14/06 3:23 199:19202:7 2,350,927276: 1
87:1890:1593:12 207:11,22208:5 workload 264:6 year7:1128:16,17 $16,819.88199:24 $5,187,000 101:4 13:12,2212:3,5,6 11/17/064:14 214:24268:11 2,474,000 276: 1,6
94:8125:3139:18 208:10 209:1,2,7 worry 151:17 28:1853:2254:14 $2,000 204:5 $5,400 204:22 13:1114:628:21 11121064:16 1684:7 2.5172:9
139:25 140:11 210:12,24 211:24 worth 21:7,19 22:2 54:15,1955:7,10 $2,160.94 204:3 $5,896,259159:14 31:2332:2347:19 110110:21 174:11102:5 204:15 131:1
180:17288:24 213:1,20214:4,15 42:1848:4 102:24 55:14,1557:1 $2,200 176:22 $5.199:2,11 47:2282:5,18,20 111171:18 128:11188:23 188:23201:3
289:1 290:23 214:23215:6,22 104:13 192:4 62:12,16,1978:9 $2,245167:22 $501,951220:5 83:7,9,11 84:5 112171:22,25 190:13195:14 203:10 221:10
296:5,10 298:3 215:24 217:16 193:1196:9204:5 78:10 108:17,23 $2,245.67166:19 $551,437223:8 94:10 107:6,6 119158:6,9,10 198:7,9203:10 223:10,11,14,15
300:12 221:2222:8,15 208:10 289:10 128:12190:19,24 167:19 $6,030.79186:16 108:22 114:19 173:7 206:8267:7,10,22 224:17 228:16
word 88:5 124:9 223:3224:3,14,22 wouldn't28:4 219:21 222:25 $2,252,000 96:13 $6,129.63 203:17 135:7,10 138:12 12 3:9,12 4:5 275:23 200 201:2 268:18
170:13,15 225:20226:18 86:1890:4 114:8 247:1,2252:6 $2,252,046.37 $708.81177:23 138:24 139:3,6 128:25142:1,4 17th 1:11 2:3 2000235:21267:14
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work4:176:20 229:22 230:3 283:11 years 56:25 58:14 $2,700,000271:6 $82,000274:3 169:13,19176:12 171:16172:12 184:12205:6,8 57:18
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161:25 162:25 268:14,16,20 $1,300,000 220:6 44:4,10,17,21,24 0128:4,12245:21 1:10116:15 134,000 173:1 1984:11
Y 59:3,17,24 60:2
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Yampa213:25 $1,332193:15 00119158:4,8,16 1:55141:25
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Page 37 Page 38
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Question H - Moison - Depo - Part I E-Tscrpt - 080425

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In Re: Mountain Adventure Property KIRK MOISAN 4/25/2008

Case No. 08-10744-ABC

MOUNTAIN ADVENTURE PROPERTY INVESTMENTS, LLC, a

RULE 2004 EXAMINATION OF: KIRK MOISAN

PURSUANT TO NOTICE, the Rule 2004

depo@huntergeist.com HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490

9 & Zwierzynski, UP 7 ~~.

20 Austin, Texas 7870I Robinson Construction Co. v. Lake Village

April 25, 2008 2 Original Exhibits: Bound separately with transcript

depo@huntergeist.com HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490

20 Q. It's addressed to Don Anderson at Altus 20 A. No, he did not.

A. I would have to review the files that he \1

3 question, please. 3 Q. Well, do you think this letter accurately m

15 right? 15 Q. Pardon me?

1 original beginning. And at the time the contract was

Page 22 Page 24 "

6 as of June 30, 2007? 6 foundation. I

14 this letter? 14 in fact, sent to the auditors.

6 Grassy Creek? 6 MR. BERNSTEIN: Objection, form, ••

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

~~ cre~? :~::a:::i::=:as ~~ :J~~:.::?vanBeek&CO~anYhaveaccess I

1 A. I know which note you are talking about, 1

1 site trailer there for the construction process that ~J

1 Q. Is that correct? 1 Q. Up until what date? What year?

11 A. AC & E Electric. 11 Q. Okay. Do you have any role with the ~:

24 Q. You went straight from AC & E Electric to 24 A. No, it does not.

8 hired occasionally for design work and consulting type 8 Robinson?

4 Q. Okay. Now, this entity RK Enterprises, I 4 A. Okay. I'

11 Q. During 2oo8? 11 joining with one of their entities and acquiring .•

Page 86 Page 88 :'1

1 going to get paid. 1 A. I'm not aware of an actual inter-creditor

Page 98 Page 100

Page 102 Page 104 • •

~~ objec~~1i;~~e~AL) Before your lawyer

1 to Robinson & Sons, which was not really of effect to 1 Q.

27 (Pages 102 to 105)

Page 106 Page 108 ~

28 (Pages 106 to 109)

Page 110 Page 112 *

29 (Pages 110 to 113)

Page 114 Page 1161

30 (Pages 114 to 117)

Page 118 Page 120;

14 Construction instead of Robinson & Sons? 14 A. That is what I said. ;:

31 (Pages 118 to 121)

Page 122 Page 124 "

32 (Pages 122 to 125)

Page 130 Page 132 %

1 the question, sir?

13 Q. Were you supposed to try to collect on

35 (Pages 134 to 137)

Page 138 Page 140 • •

18 under the Construction Contract." 18 answer my questions at this examination, sir. .

36 (Pages 138 to 141)

Page 142 Page 144

38 (Pages 146 to 149)

Page 150 Page 152 l~

4 for the pay application subsequent to pay applications 4 specifically.!

39 (Pages 150 to 153)

Page 154 Page 156 *

40 (Pages 154 to 157)

41 (Pages 158 to 161)

~~ cre~? :~::a:::i::=:as :J:.::?vanBeek&CO~anYhaveaccess I

objec1i;~~e~AL) Before your lawyer

~~ ~: ~s:eo::~::i/:~~ performed during