FPL Group, Inc. & Subsidiaries - Page 177

                                                - 62 -                                                  
                              whatsoever arising out of or in                                           
                              connection with such termination.                                         
                        44.5 If the sum of all previous payments and                                    
                              credits made by Owner exceeds the sum                                     
                              payable under Section 44.1, such excess                                   
                              shall be refunded by Contractor to Owner                                  
                              immediately upon determination of such                                    
                              excess by the Parties.[66]                                                
                  According to an actual cost report, as of December 31, 1985,                          
            the total amount expended on the SJRPP was $703,407,644.67                                  
            According to that report, as of December 31, 1985, FPL’s                                    
            obligation was $140,681,529.  Apparently a retention account was                            
            created,68 which totaled $31,259,567 as of December 31, 1985.                               




                  66 Mr. Reid testified that, as of Dec. 31, 1985, it was 100                           
            percent likely that FPL and the JEA would continue with the                                 
            existing contractors, and that there was a zero percent                                     
            likelihood that the JEA or FPL would terminate these contracts.                             
            Furthermore, Mr. Reid testified that neither the JEA nor FPL                                
            exercised the termination clause.                                                           
                  67 Mr. Reid testified that, as of Dec. 31, 1985, the SJRPP                            
            was between 60- and 65-percent complete.  According to Mr. Reid’s                           
            testimony and the stipulated summary of the SJRPP contracts, as                             
            of Dec. 31, 1985, FPL and the JEA were “committed” to spend                                 
            $810,902,712.  Mr. Reid testified that this sum “represents cash                            
            out the door.”                                                                              
                  68 As Mr. Reid testified:                                                             
                        Retention is monies withheld from the contractors                               
                  invoice pending overall completion, successful                                        
                  completion of the contract of work and/or performance                                 
                  testing acceptance, monies withheld from the                                          
                  contractors invoice on a monthly basis.                                               
            However, Mr. Reid also testified that the retained amounts were                             
            owed to the contractors.                                                                    




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