Distracted from Evelyn's cross by Ferguson picking his nose. I so wish I had not been made aware of that.

The RFP documents stipulate that records must be kept. also that meetings with DBA must be attended.

1.Looking at minutes from June 23rd 2003 for JOA/Xcel kickoff Design/Build meeting. Certain tasks for the meeting are recorded. Lists tasks and the responsible parties assigned to those tasks. Woodhouse assigned.2 task: take site photos and start detailed scheduling after physical needs assessment.

Clearly states on minutes if there is any disagreement with what is on the meetings must be conveyed within 2 days of receipt. SDG people there, Woodhouse there, Ferguson there but witness was not at the kickoff meeting.

2.September 25th 2003 OAM (Owner Architect and Manager) meeting- cost $5.5 million and fee is $1.1 million.

Minutes prepared by Calvin Hall and lists participants of meeting- witness again not at the meeting. Evelyn making a point how could witness know what was going on if he was not at the meetings.

3.Another OAM meeting on October 15th 2003- - lists community advocacy for $65,000. Initially hadn't known whether to renovate existing center or build a whole new one. Ultimately it was decided to build a new one. Evelyn saying that project had community participation in it. Witness agrees. Minutes lists participants and again the witness is not there.

"Of course," says Evelyn about the witness's absence.

4.Another meeting on December 9th 2003 shows progress on the project. List of attendees of all the usual suspects including community development group. No witness again.

5.Another Design/Build meeting in March 22nd 2004. Looking at tasks assignments- tasks assigned to Woodhouse and to Calvin Hall. Witness again not there.

6. Yet another meeting on May 18th 2004. We get it- Xcel did work and the witness didn't go to the meetings. More task assignments for Hall and Woodhouse. And yes, witness was not at the meeting.

7. Another set of minutes with handwritten notes. More assignments for Woodhouse and Hall. Surprise, surprise no witness in attendance. Evelyn says witness was on the distribution list.

8. Another meeting in June 2004. More tasks for Woodhouse and Hall. No witness at the meeting.

Bernard is scribbling on some paper. I wonder what he is doodling has to be more interesting than these minutes.

Evelyn brings out more minutes. Judge Edmunds interrupts and asks for sidebar. Probably asking Evelyn to speed it up. I'm hoping.

Evelyn reads out more meetings- June 2004, November 2004 and August 1st 2006. Apparently we won't be having to go through every single one.

11:30AM Looking at list of attendees on walk-through of Heilmann project. Even Christine Beatty is there but witness is not.

Evelyn asks if this was not important enough for him to participate in. Witness says he had other people working on it and he had 13 or 14 other contracts going on at the time.

Document on DBA letterhead from August 26th 2004. Says that JOA/Xcel has not provided sub-contractors contracts. Evelyn saying no one could get paid until those contracts are signed and JOA was responsible for it. Again, witness did not attend but other employees of JOA did. Witness says he was not at the meeting but was copied on everything related to the job. Witness is saying that the contracts were not done because SDG, the architects, hadn't drawn up plans.

Evelyn saying that woodhouse had to step up and participate because the project was lagging. Witness says this is not true.

More meeting minutes from April 14th 2006, lists things that needed to get done for completion date of May 16th 2006. Lists several sub-contractors with issues that need to be resolved. Evelyn saying this indicates that Woodhouse had to get more involved because JOA was not doing his job.

Judge asks Evelyn to move it along.

11:40AM More minutes with items requiring resolution. 

Evelyn says this is all being driven by Woodhouse. 

Blackwell objects. Judge overrules.