The County was urged at public meeting to put clauses into the contracts that would cover performance issues and did not. They were also urged not to hire someone from the primary engineering firm to oversee the project and did anyway.

Whatever happens, nobody in County Government can say that they weren't strongly warned about making certain mistakes...and they did anyway.

Too bad these folks are playing with OUR money and not their own.

I have had several conversations with involved parties and want to thank them for their trust.

As a result of several things, I have come to the conclusion that there are good guys and bad guys and guys who are chicken****...Ok, let me say that differently...There are guys who lack a certain courage and are willing to go along with some borderline stuff in order to get by because they are caught in the middle.

Whatever the ultimate outcome of all this, the old proverb keeps coming to mind that states, "A Fish rots from the head."

The head of this fish is our Roane County government, who bought in to an illconceived project and didn't meticulously . I'll have more as I think about what I have been told and what should be said.

There will be lawsuits filed very quickly and with some justification, it appears at this point.

My question is: Can the County use this as a reason to cancel their contract with any of these people?

Or are the contracts so badly written that even non-performance isn't a reason for cancellation?

Smith, Cashion & Orr, P.C. is a law firm that handles construction litigation.

SITEWORX LLC

April 8,2008

Roane County Government
200 East Race Street
Kingston TN 37763

Re: Roane County Detention Center

To Whom It May Concern:

Please be advised that Siteworx,LLC has not been paid for labor and
materials incorporated into the above-captioned project for a
significant period of time. Siteworx entered into a subcontract with
J&M Incorporated. Siteworx has performed persuant to terms of the
subcontract agreement.

It is my understanding that Henson Construction Services Inc. has
failed to pay J&M for services provided. As all are aware,Henson has
alleged that certain geo-grid material was not installed persuant to
plans and specifications. This is accurate however the geo-grid
material was installed persuant to specific instructions and direction
of the Henson project superintendent.

I have requested meetings with all interested parties on numerous
occasions, all to no avail. Siteworx has made every effort to resolve
the dispute with J&M and Henson.

While performing and investigation concerning the geo-grid issue,it
has become apparent that significant design issues exist. I have made
every effort to address these issues in order to provide quality
construction for the citizens of Roane County. As a result, I have no
alternative but to request the payment and performance bond provided
by Henson and the payment and performance bond provided by J&M. We
would respectfully request that copies of the bonds be provided
immediately. By copy of this correspondence, we are notifying all
parties.

Thank you,

Brian Mullins
Siteworx LLC

Cc: Henson Construction Services
J&M Incorporated
Smith, Cashion&Orr, PLC