RACMP Enterprises, Inc. - Page 8




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          C.  Performance of the Contract                                             
               Petitioner began performance of the contract by constructing           
          the concrete forms on the ground out of lumber in accordance with           
          the developer's blueprints.  After the placement of the forms was           
          accepted by the developer, fill sand and drain rock were spread             
          within the forms according to the plan specifications.                      
          Petitioner cut wire mesh and rebar to size and placed them within           
          the forms and engaged a carpenter subcontractor for the correct             
          placement of the other hardware items.  Once the form work was              
          inspected and accepted by the developer, petitioner ordered                 
          delivery of the ready-mix concrete.                                         
               Ready-mix concrete is composed of water, cement, and                   
          aggregate, which are mixed together to a mudlike consistency.               
          The concrete must be poured within 3 or 4 hours after the water             
          is introduced to the cement; the concrete cannot be poured after            
          this length of time as it changes from a liquid into a solid.               
               Petitioner ordered concrete from a supplier that delivered             
          it to the construction site.  Petitioner did not manufacture,               
          deliver, or store the concrete.  In a typical transaction,                  
          petitioner placed the order with the concrete supplier's                    
          dispatcher by telephone, specifying the quantity of concrete and            
          the time and place of delivery.  The concrete supplier's invoice            
          provided that petitioner was liable for payment for the concrete.           
          After the order was placed, the concrete supplier sent a                    






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Last modified: May 25, 2011