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2. Petitioner's Manuals, Documents, and Procedures
Choate wrote petitioner's business plans for 1991, 1992, and
1993. He wrote petitioner's training and procedural manuals and
manuals for project superintendents and managers, fast track
projects, program scheduling, preliminary cost reports, project
controls, site analyses, and estimating procedures. He also
wrote petitioner's employees' handbook for 1990 and 1991. Choate
wrote petitioner's internal control documents, procedures for job
site meetings, subcontractor safety, checklists for estimating
bids for office buildings, check voucher forms, credit reports,
daily reports, expense reports, and employment applications. The
procedures Choate developed worked in concert with petitioner's
computer, scheduling, and accounting systems.
Petitioner rarely hired an attorney. Choate negotiated
contracts for petitioner. He drafted and reviewed contracts,
purchase orders, corporate resolutions, stock sale agreements,
shareholders' agreements, promissory notes, profit-sharing plans,
and deferred compensation agreements. Choate handled claims from
subcontractors. No subcontractor claims against petitioner
reached arbitration until 1995.
Choate authorized petitioner to issue section 1244 stock on
July 27, 1989.
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Last modified: May 25, 2011