Most interactions were between Ozust from Inland and Ferguson. McCann says that sometimes she inserted herself.
McCann says there was more difficulty with Ferguson than with other contractors. She says many of the normal clauses were hard to get over with Ferguson. Ferguson resisted insurance clauses. Finally, in early 2003, a contract with Ferguson was signed. McCann says problem was that they couldn't give him revenue without signed contracts.
11:34AM McCann says they offered to mentor him but Ferguson was not interested in being mentored. Williams, however, had been enthusiastic to come into opportunity to work with Soave companies. To learn the business from the other side was appealing to him.
On Ferguson's work performance, McCann says there were a number of challenges. One incident they received something from the city of Detroit stating not to give the sub-contractor more work until he got caught up. Also some of the billings by Ferguson were faulty.
Looking at an Avoid Verbal Order from the city of Detroit on August 19th 2004 to Dennis Oszust of Inland. Advises Inland to have Ferguson work stopped until issues for restoration are resolved.
Document has a deficiency list of at least 7 different locations.
McCann says Ferguson was upset that he was unfairly blamed for the activity. McCann says not uncommon for people to have complaints. "He felt he was being a scapegoat."
Witness says Ferguson took credit for Inland contract 1368 despite not being on the bid. McCann says his theme was disrespected and did not get the credit he deserved. That he could have picked anyone and he picked Inland. it was a recurring theme.
Ferguson told them that at the sinkhole at 15 mile in Sterling Heights Inland was only there because of him.
McCann says she took notes of their conversation. "We had a sense that some day we would be telling the story and we had to have documentation."
"We knew the risk of losing work was hanging over our heads," says McCann.
McCann was wondering if they were being crippled intentionally because they were not working on Ferguson's threat. "There was a constant threat."
McCann says that her company was instructed make sure Ferguson works for anything payment. Inland employees told "To stay within the handrails" and not pay for no show work.
McCann says she stayed closer to this contract than she would have otherwise. this particular circumstance rose to another level so she was more meticulous about note taking.
Witness says Soave met with mayor because he was concerned about stop work order. "He was worried there was another message there." Soave told McCann after the meeting that Ferguson was still their sub-contractor.
McCann says she knows some Insitu form employees talked to the mayor about Ferguson. One such employee was a Paul Jorgensen. Jorgense indicated to McCann that the mayor told him that "Bobby was the guy."
Ferguson wanted a portion of profits from 15 mile of sinkhole- 20% of revenues and associated profit. McCann says it was an emergency, a huge chasm in the ground, and specialized crews were brought in. Ferguson ultimately disappointed in the revenues that came in for the job- the whole job was worth $50 million.
Chutkow submits some documents into evidence.
11:51AM Looking at email from Dennis Oszust on September 17th 2005 to McCann. There is a hold up to an amendment to the sinkhole project because it's waiting for executive approval. Oszust says he will settle outstanding issues with Bobby. McCann believes the issues had to do with how much profit Ferguson was going to earn on that job.
Email from October 11th 2005 from Oszust to McCann. About amendment #4 being held up until Ferguson is satisfied. An Insitu executive had talked to Kwame about the hold up.
Ferguson called McCann and Oszust for a meeting after Kwame's re-election. Ferguson told them that he was dissatisfied with historical relationship. He was not going to go forward in the same circumstances. He had a litany of complaints including being disrespected, not being given credit for getting Inland work, having to sign a note for cash flow, upset by conversations of Levin and Soave with administration about Ferguson. McCann says it was a disturbing meeting for her. The fact that "Inland still had a sword hanging over their head" and Ferguson acting like he had full power over Inland getting work.
Ferguson was still upset about getting so little on 15 mile sinkhole. Inland had talked to Mercado about Ferguson on the sinkhole. And Mercado said don't worry about Bobby just do the work well. Inland reported back to Ferguson who told them it was just a smokescreen and "You act like Victor has ever made a single decision there, ever."
McCann agrees that she was concerned about the contracts and that is why she kept relationship.
12:01PM Judge calls for a 5 minute break.
12:15PM Susan Van Dusen for Bobby Ferguson cross-examines. It's been some time since we heard from Van Dusen.