[sheet: Summary]
Category | Amount ($) | Notes
MCA Total Contract Price | $1,200,000,000 | Fixed per MCA; 65% fixed-price milestones ($780M) / 35% unit-rate ($420M)
Phase 1 Milestone Value (3,200 route miles) | $208,000,000 | Per MCA Exhibit B — NY Metro & Northern NJ (Milestones 1–4)
Phase 2 Milestone Value (5,600 route miles) | $363,000,000 | Per MCA Exhibit B — CT, Western MA, Southern PA (Milestones 5–8)
Phase 3 Milestone Value (9,700 route miles) | $629,000,000 | $1.2B – $208M – $363M; MD, VA, Eastern PA (Milestones 9–14)
Total Gross Certified Work | $569,666,670 | Sum of all approved progress payment applications across all phases
Total Retainage Held (10%) | $56,966,667 | 10% of $569,666,670 gross certified work per MCA § 18.1
Total Liquidated Damages Assessed | $49,000,000 | Phase 1: $8.225M + Phase 2: $40.775M; aggregate cap of $60M (5% × $1.2B) not yet reached
Remaining Capacity Under Aggregate LD Cap | $11,000,000 | $60,000,000 aggregate cap – $49,000,000 assessed = $11,000,000
Total Net Payments to Meridian | $512,700,000 | $199.775M (Ph1) + $281.225M (Ph2) + $31.7M (Ph3)
Disputed Phase 3 Invoices (Unpaid) | $16,500,000 | Disputed on grounds of defective work and inflated unit counts; subject of Meridian Count II
Total Amounts Held by NFA | $122,466,667 | Retainage ($56,966,667) + LDs ($49M) + Disputed Invoices ($16.5M)
Remaining Unperformed Contract Value at Termination | $630,300,000 | $1.2B – $569.7M; 9,360 route miles remaining of 18,500
Route Miles Completed at Termination | 9,140 of 18,500 (49.4%) | 3,200 (Ph1) + 5,600 (Ph2) + 340 (Ph3)
Contract Value Earned (Northgate Position) | $569,700,000 (47.5%) | Of $1.2B total contract price
Excess Completion Cost (Crestline Replacement) | $81,700,000 | Crestline contract price ($712M) – remaining MCA value ($630.3M)
[sheet: Phase 1 Payments]
Payment App No. | Application Date | Milestone Reference | Description of Work | Gross Amount Requested ($) | Amount Approved ($) | Retainage Withheld (10%) ($) | LD Deduction ($) | LD Deduction Basis | Net Payment ($) | Payment Date | Cumulative Net Paid ($) | Status
PA-001 | 2020-04-30 | MS-1 | Mobilization, survey, initial trenching — NY Metro | $5,200,000 | $5,200,000 | $520,000 | $0 | N/A | $4,680,000 | 2020-05-28 | $4,680,000 | Paid
PA-002 | 2020-05-31 | MS-1 | Directional boring & conduit installation — Manhattan/Brooklyn corridors | $8,750,000 | $8,750,000 | $875,000 | $0 | N/A | $7,875,000 | 2020-06-29 | $12,555,000 | Paid
PA-003 | 2020-06-30 | MS-1 | Underground conduit placement — Queens/Bronx corridors | $10,500,000 | $10,500,000 | $1,050,000 | $0 | N/A | $9,450,000 | 2020-07-30 | $22,005,000 | Paid
PA-004 | 2020-07-31 | MS-1 | Fiber cable pulling & initial splicing — Manhattan backbone | $12,300,000 | $12,300,000 | $1,230,000 | $0 | N/A | $11,070,000 | 2020-08-28 | $33,075,000 | Paid
PA-005 | 2020-08-31 | MS-1 | MS-1 completion — NY Metro mobilization & initial backbone (on time) | $15,250,000 | $15,250,000 | $1,525,000 | $0 | N/A | $13,725,000 | 2020-09-30 | $46,800,000 | Paid
PA-006 | 2020-09-30 | MS-2 | Underground duct bank construction — Lower Manhattan & NJ access | $11,800,000 | $11,800,000 | $1,180,000 | $0 | N/A | $10,620,000 | 2020-10-30 | $57,420,000 | Paid
PA-007 | 2020-10-31 | MS-2 | Conduit installation & vault construction — Midtown/Upper Manhattan | $13,200,000 | $13,200,000 | $1,320,000 | $0 | N/A | $11,880,000 | 2020-11-30 | $69,300,000 | Paid
PA-008 | 2020-11-30 | MS-2 | Fiber cable installation — NY Metro underground segments | $14,500,000 | $14,500,000 | $1,450,000 | $0 | N/A | $13,050,000 | 2020-12-30 | $82,350,000 | Paid
PA-009 | 2020-12-31 | MS-2 | Splicing & OTDR testing — NY Metro underground network | $8,400,000 | $8,400,000 | $840,000 | $0 | N/A | $7,560,000 | 2021-01-29 | $89,910,000 | Paid
PA-010 | 2021-01-31 | MS-2 | MS-2 completion — NY Metro underground installation (on time) | $5,850,000 | $5,850,000 | $585,000 | $0 | N/A | $5,265,000 | 2021-02-28 | $95,175,000 | Paid
PA-011 | 2021-02-28 | MS-3 | Mobilization & initial boring — Northern NJ corridor | $11,600,000 | $11,600,000 | $1,160,000 | $0 | N/A | $10,440,000 | 2021-03-30 | $105,615,000 | Paid
PA-012 | 2021-03-31 | MS-3 | Conduit & fiber installation — Newark/Jersey City segments | $13,750,000 | $13,750,000 | $1,375,000 | $0 | N/A | $12,375,000 | 2021-04-30 | $117,990,000 | Paid
PA-013 | 2021-04-30 | MS-3 | Aerial construction & pole attachments — Northern NJ rural segments | $12,100,000 | $12,100,000 | $1,210,000 | $0 | N/A | $10,890,000 | 2021-05-28 | $128,880,000 | Paid
PA-014 | 2021-05-31 | MS-3 | Underground construction — NJ Turnpike corridor crossings | $14,800,000 | $14,800,000 | $1,480,000 | $0 | N/A | $13,320,000 | 2021-06-30 | $142,200,000 | Paid
PA-015 | 2021-06-30 | MS-3 | Fiber splicing & testing — Northern NJ central segments | $10,200,000 | $10,200,000 | $1,020,000 | $0 | N/A | $9,180,000 | 2021-07-30 | $151,380,000 | Paid
PA-016 | 2021-07-31 | MS-3 | Continued splice & construction — NJ delayed segments | $9,500,000 | $9,500,000 | $950,000 | $0 | N/A | $8,550,000 | 2021-08-30 | $159,930,000 | Paid
PA-017 | 2021-10-31 | MS-3 | Final splice & testing — Northern NJ segment (MS-3 completion, 47 days late) | $12,400,000 | $12,400,000 | $1,240,000 | $8,225,000 | MS-3: 47 days late (target Aug 28, 2021; actual Oct 14, 2021) × $175,000/day = $8,225,000 per MCA § 9.1; assessed via NFA letter dated Nov 5, 2021 | $2,935,000 | 2021-11-30 | $162,865,000 | Paid — LD deducted
PA-018 | 2021-12-31 | MS-4 | Phase 1 final completion, integration testing & closeout | $36,910,000 | $36,910,000 | $3,691,000 | $0 | N/A | $36,910,000 | 2022-01-30 | $199,775,000 | Paid
PHASE 1 TOTALS | $226,910,000 | $208,000,000 | $20,800,000 | $8,225,000 | $199,775,000 | $199,775,000
[sheet: Phase 2 Payments]
Payment App No. | Application Date | Milestone Reference | Description of Work | Gross Amount Requested ($) | Amount Approved ($) | Retainage Withheld (10%) ($) | LD Deduction ($) | LD Deduction Basis | Net Payment ($) | Payment Date | Cumulative Net Paid — Phase 2 ($) | Status
PA-019 | 2022-01-31 | MS-5 | Mobilization & initial construction — CT corridor | $11,200,000 | $11,200,000 | $1,120,000 | $0 | N/A | $10,080,000 | 2022-02-28 | $10,080,000 | Paid
PA-020 | 2022-02-28 | MS-5 | Underground boring & conduit — Hartford/New Haven corridor | $13,400,000 | $13,400,000 | $1,340,000 | $0 | N/A | $12,060,000 | 2022-03-30 | $22,140,000 | Paid
PA-021 | 2022-03-31 | MS-5 | Fiber cable installation — CT backbone segments | $14,800,000 | $14,800,000 | $1,480,000 | $0 | N/A | $13,320,000 | 2022-04-30 | $35,460,000 | Paid
PA-022 | 2022-04-30 | MS-5 | Aerial construction & pole attachments — CT rural segments | $12,600,000 | $12,600,000 | $1,260,000 | $0 | N/A | $11,340,000 | 2022-05-30 | $46,800,000 | Paid
PA-023 | 2022-05-31 | MS-5 | Splicing & OTDR testing — CT backbone | $10,900,000 | $10,900,000 | $1,090,000 | $0 | N/A | $9,810,000 | 2022-06-30 | $56,610,000 | Paid
PA-024 | 2022-06-30 | MS-5 | Continued construction & testing — CT delayed segments | $8,500,000 | $8,500,000 | $850,000 | $0 | N/A | $7,650,000 | 2022-07-30 | $64,260,000 | Paid
PA-025 | 2022-07-31 | MS-5 | MS-5 completion — CT backbone (22 days late) | $14,600,000 | $14,600,000 | $1,460,000 | $3,850,000 | MS-5: 22 days late × $175,000/day = $3,850,000 per MCA § 9.1 | $9,290,000 | 2022-08-30 | $73,550,000 | Paid — LD deducted
PA-026 | 2022-08-31 | MS-6 | Mobilization & survey — Western MA corridor | $11,300,000 | $11,300,000 | $1,130,000 | $0 | N/A | $10,170,000 | 2022-09-30 | $83,720,000 | Paid
PA-027 | 2022-09-30 | MS-6 | Underground construction — Springfield/Worcester segments | $14,200,000 | $14,200,000 | $1,420,000 | $0 | N/A | $12,780,000 | 2022-10-30 | $96,500,000 | Paid
PA-028 | 2022-10-31 | MS-6 | Aerial construction — Western MA rural corridors | $13,600,000 | $13,600,000 | $1,360,000 | $0 | N/A | $12,240,000 | 2022-11-30 | $108,740,000 | Paid
PA-029 | 2022-11-30 | MS-6 | Fiber cable pulling & splice — Western MA segments | $12,500,000 | $12,500,000 | $1,250,000 | $0 | N/A | $11,250,000 | 2022-12-30 | $119,990,000 | Paid
PA-030 | 2022-12-31 | MS-6 | Continued construction — Western MA delayed segments | $10,800,000 | $10,800,000 | $1,080,000 | $0 | N/A | $9,720,000 | 2023-01-30 | $129,710,000 | Paid
PA-031 | 2023-01-31 | MS-6 | MS-6 completion — Western MA segment (68 days late) | $18,300,000 | $18,300,000 | $1,830,000 | $11,900,000 | MS-6: 68 days late × $175,000/day = $11,900,000 per MCA § 9.1 | $4,570,000 | 2023-02-28 | $134,280,000 | Paid — LD deducted
PA-032 | 2023-02-28 | MS-7 | Mobilization & initial construction — Southern PA corridor | $12,800,000 | $12,800,000 | $1,280,000 | $0 | N/A | $11,520,000 | 2023-03-30 | $145,800,000 | Paid
PA-033 | 2023-03-31 | MS-7 | Underground boring — Philadelphia suburban segments | $14,100,000 | $14,100,000 | $1,410,000 | $0 | N/A | $12,690,000 | 2023-04-30 | $158,490,000 | Paid
PA-034 | 2023-04-30 | MS-7 | Conduit & fiber installation — Southern PA corridors | $13,500,000 | $13,500,000 | $1,350,000 | $0 | N/A | $12,150,000 | 2023-05-30 | $170,640,000 | Paid
PA-035 | 2023-05-31 | MS-7 | Aerial construction — PA rural segments | $11,900,000 | $11,900,000 | $1,190,000 | $0 | N/A | $10,710,000 | 2023-06-30 | $181,350,000 | Paid
PA-036 | 2023-06-30 | MS-7 | Continued construction — Southern PA delayed routes | $9,800,000 | $9,800,000 | $980,000 | $0 | N/A | $8,820,000 | 2023-07-30 | $190,170,000 | Paid
PA-037 | 2023-07-31 | MS-7 | Splice testing & remediation — Southern PA segments | $8,200,000 | $8,200,000 | $820,000 | $0 | N/A | $7,380,000 | 2023-08-30 | $197,550,000 | Paid
PA-038 | 2023-08-31 | MS-7 | MS-7 completion — Southern PA construction (91 days late) | $16,900,000 | $16,900,000 | $1,690,000 | $15,925,000 | MS-7: 91 days late × $175,000/day = $15,925,000 per MCA § 9.1 | $-715,000 | 2023-09-30 | $196,835,000 | Paid — LD deducted; net credit applied to next draw
PA-039 | 2023-09-30 | MS-8 | Mobilization & initial construction — Phase 2 final integration | $12,400,000 | $12,400,000 | $1,240,000 | $0 | N/A | $11,160,000 | 2023-10-30 | $207,995,000 | Paid
PA-040 | 2023-10-31 | MS-8 | Integration testing — CT/MA interconnect points | $14,600,000 | $14,600,000 | $1,460,000 | $0 | N/A | $13,140,000 | 2023-11-30 | $221,135,000 | Paid
PA-041 | 2023-11-30 | MS-8 | System integration — Southern PA to CT backbone | $13,200,000 | $13,200,000 | $1,320,000 | $0 | N/A | $11,880,000 | 2023-12-30 | $233,015,000 | Paid
PA-042 | 2023-12-31 | MS-8 | Continued integration & testing — Phase 2 segments | $15,100,000 | $15,100,000 | $1,510,000 | $0 | N/A | $13,590,000 | 2024-01-30 | $246,605,000 | Paid
PA-043 | 2024-01-31 | MS-8 | Ongoing MS-8 work — remediation of test failures | $17,300,000 | $17,300,000 | $1,730,000 | $0 | N/A | $15,570,000 | 2024-02-29 | $262,175,000 | Paid
PA-044 | 2024-02-29 | MS-8 | Partial MS-8 work — ongoing (not completed before termination) | $13,500,000 | $13,500,000 | $1,350,000 | $9,100,000 | MS-8: 134 days accrued as of termination × $175K = $23.45M, capped at 10% of MS-8 value ($91M × 10% = $9.1M) per MCA § 9.1 | $3,050,000 | 2024-03-30 | $265,225,000 | Paid — LD deducted (capped)
PA-044A | 2024-03-31 | MS-8 | Final Phase 2 pay application — pre-termination partial work | $16,000,000 | $16,000,000 | $1,600,000 | $0 | N/A | $16,000,000 | 2024-03-30 | $281,225,000 | Paid
PHASE 2 TOTALS | $345,000,000 | $322,000,000 | $32,200,000 | $40,775,000 | $281,225,000 | $281,225,000
[sheet: Phase 3 Payments]
Payment App No. | Application Date | Milestone Reference | Description of Work | Gross Amount Requested ($) | Amount Approved ($) | Amount Disputed ($) | Dispute Basis | Retainage Withheld (10%) ($) | LD Deduction ($) | Net Payment ($) | Payment Date | Cumulative Net Paid — Phase 3 ($) | Status
PA-045 | 2023-07-31 | MS-9 | Phase 3 mobilization — MD corridor, initial survey & boring | $5,400,000 | $5,400,000 | $0 | N/A | $540,000 | $0 | $4,860,000 | 2023-08-30 | $4,860,000 | Paid
PA-046 | 2023-08-31 | MS-9 | Conduit installation — Baltimore metro area | $6,100,000 | $4,200,000 | $1,900,000 | Defective conduit depth per NCR reports; inflated splice closure unit counts exceeded verified field counts by 23% | $420,000 | $0 | $3,780,000 | 2023-09-30 | $8,640,000 | Partially approved; $1.9M disputed
PA-047 | 2023-09-30 | MS-9 | Underground construction — MD I-95 corridor segments | $5,900,000 | $4,100,000 | $1,800,000 | Splice loss exceeding specification in MD segment; improper conduit depth identified on 3,400 linear feet | $410,000 | $0 | $3,690,000 | 2023-10-30 | $12,330,000 | Partially approved; $1.8M disputed
PA-048 | 2023-10-31 | MS-9 | Fiber cable pulling — MD/VA border crossings | $5,500,000 | $4,000,000 | $1,500,000 | Unauthorized route deviations from approved engineering plans; inflated linear footage claims | $400,000 | $0 | $3,600,000 | 2023-11-30 | $15,930,000 | Partially approved; $1.5M disputed
PA-049 | 2023-11-30 | MS-9 | Aerial construction — VA Northern Corridor | $7,800,000 | $4,500,000 | $3,300,000 | Substandard aerial lashing per NS-FIBER-2020 spec; inflated pole attachment unit counts | $450,000 | $0 | $4,050,000 | 2023-12-30 | $19,980,000 | Partially approved; $3.3M disputed
PA-050 | 2023-12-31 | MS-9 | Continued construction — MD/VA segments & splice work | $5,100,000 | $3,500,000 | $1,600,000 | Non-conforming splice closures; field verification showed 18% quantity inflation | $350,000 | $0 | $3,150,000 | 2024-01-30 | $23,130,000 | Partially approved; $1.6M disputed
PA-051 | 2024-01-31 | MS-9/10 | Fiber installation & testing — Eastern PA initial segments | $6,800,000 | $3,900,000 | $2,900,000 | Critical splice loss failures; non-conforming fiber cable installation per NS-FIBER-2020 | $390,000 | $0 | $3,510,000 | 2024-02-29 | $26,640,000 | Partially approved; $2.9M disputed
PA-052 | 2024-02-29 | MS-9/10 | Continued construction — VA/MD corridors pre-termination | $5,400,000 | $4,000,000 | $1,400,000 | Incomplete restoration work; unauthorized sub-grade materials used | $400,000 | $0 | $3,600,000 | 2024-03-30 | $30,240,000 | Partially approved; $1.4M disputed
PA-053 | 2024-03-31 | MS-9/10 | Final pre-termination application — partial work in MD/VA | $5,200,000 | $2,100,000 | $3,100,000 | Work rejected for non-conformance with NS-FIBER-2020; splice loss exceeding specification | $210,000 | $0 | $1,890,000 | Not paid — Termination April 1, 2024 | $31,700,000 | Partially approved; amount unpaid due to termination
PHASE 3 TOTALS | $53,200,000 | $35,700,000 | $17,500,000 | $3,570,000 | $0 | $32,130,000 | $31,700,000
PHASE 3 ADJUSTED TOTALS (per reconciliation) | $48,200,000 | $31,700,000 | $16,500,000 | Total disputed amount = Meridian Count II claim | $3,966,667 | $0 | $31,700,000 | $31,700,000
[sheet: Liquidated Damages Detail]
Milestone No. | Phase | Milestone Description | Milestone Value ($) | Per-Milestone LD Cap (10%) ($) | Target Completion Date | Actual Completion Date | Days of Delay | LD Rate ($/day) | Uncapped LD Amount ($) | Cap Applied? | LD Amount Assessed ($) | Assessment Date / Reference
MS-1 | Phase 1 | NY Metro mobilization & initial backbone | $52,000,000 | $5,200,000 | 2020-08-31 | 2020-08-31 | 0 | $175,000 | $0 | No | $0 | N/A — completed on time
MS-2 | Phase 1 | NY Metro underground installation | $52,000,000 | $5,200,000 | 2021-02-28 | 2021-02-28 | 0 | $175,000 | $0 | No | $0 | N/A — completed on time
MS-3 | Phase 1 | Northern NJ construction & splice | $52,000,000 | $5,200,000 | 2021-08-28 | 2021-10-14 | 47 | $175,000 | $8,225,000 | No (within cap) | $8,225,000 | NFA letter dated Nov 5, 2021; deducted from PA-017
MS-4 | Phase 1 | Phase 1 final completion & testing | $52,000,000 | $5,200,000 | 2021-09-30 | 2021-09-30 | 0 | $175,000 | $0 | No | $0 | N/A — completed on time
Phase 1 | PHASE 1 LD SUBTOTAL | $208,000,000 | $20,800,000 | 47 | $8,225,000 | $8,225,000
MS-5 | Phase 2 | CT backbone construction | $91,000,000 | $9,100,000 | 2022-04-30 | 2022-05-22 | 22 | $175,000 | $3,850,000 | No (within cap) | $3,850,000 | Assessed in PA-025
MS-6 | Phase 2 | Western MA fiber installation | $91,000,000 | $9,100,000 | 2022-10-31 | 2023-01-07 | 68 | $175,000 | $11,900,000 | No (within cap) | $11,900,000 | Assessed in PA-031
MS-7 | Phase 2 | Southern PA construction | $90,000,000 | $9,000,000 | 2023-03-31 | 2023-06-30 | 91 | $175,000 | $15,925,000 | No (within cap) | $15,925,000 | Assessed in PA-038
MS-8 | Phase 2 | Phase 2 final completion & integration testing | $91,000,000 | $9,100,000 | 2023-06-30 | Not completed (termination Apr 1, 2024) | 134 (as of termination) | $175,000 | $23,450,000 | YES — capped at 10% of MS-8 value | $9,100,000 | Capped: 134 × $175K = $23.45M exceeds $9.1M cap; assessed in PA-044
Phase 2 | PHASE 2 LD SUBTOTAL | $363,000,000 | $36,300,000 | $55,125,000 | $40,775,000 | Cap savings: $14,350,000 on MS-8
MS-9 | Phase 3 | MD corridor construction | $105,000,000 | $10,500,000 | 2023-09-30 | Not completed (termination) | N/A | $175,000 | N/A | N/A | $0 | Not assessed — terminated before milestone completion assessed
MS-10 | Phase 3 | VA Northern Corridor construction | $105,000,000 | $10,500,000 | 2024-03-31 | Not started | N/A | $175,000 | N/A | N/A | $0 | Not assessed — terminated before milestone due
MS-11 | Phase 3 | VA Southern Corridor construction | $105,000,000 | $10,500,000 | 2024-06-30 | Not started | N/A | $175,000 | N/A | N/A | $0 | Not assessed — terminated before milestone due
MS-12 | Phase 3 | Eastern PA construction | $105,000,000 | $10,500,000 | 2024-09-30 | Not started | N/A | $175,000 | N/A | N/A | $0 | Not assessed — terminated before milestone due
MS-13 | Phase 3 | Phase 3 integration & testing | $104,000,000 | $10,400,000 | 2024-12-31 | Not started | N/A | $175,000 | N/A | N/A | $0 | Not assessed — terminated before milestone due
MS-14 | Phase 3 | Phase 3 final completion & closeout | $105,000,000 | $10,500,000 | 2025-03-31 | Not started | N/A | $175,000 | N/A | N/A | $0 | Not assessed — terminated before milestone due
Phase 3 | PHASE 3 LD SUBTOTAL | $629,000,000 | $62,900,000 | $0 | $0 | No milestones assessed
GRAND TOTAL LDs ASSESSED | $1,200,000,000 | $120,000,000 | $63,350,000 | $49,000,000
Aggregate LD Cap (5% × $1.2B) | $60,000,000 | Cap not reached; $11,000,000 remaining capacity
Aggregate Cap Reached? | No | $49,000,000 of $60,000,000 cap utilized (81.7%)
[sheet: Retainage Analysis]
Phase | Gross Certified Work ($) | Retainage Rate (%) | Retainage Withheld ($) | Retainage Released ($) | Retainage Balance Held ($) | Notes
Phase 1 (MS 1–4) | $208,000,000 | 10% | $20,800,000 | $0 | $20,800,000 | Phase 1 completed; retainage not released due to pending NCR remediation and subsequent termination dispute
Phase 2 (MS 5–8) | $322,000,000 | 10% | $32,200,000 | $0 | $32,200,000 | Phase 2 not fully completed (MS-8 incomplete); retainage held pending resolution
Phase 3 (MS 9–14) | $39,666,670 | 10% | $3,966,667 | $0 | $3,966,667 | Gross certified = approved amounts on total certified basis; Phase 3 terminated April 1, 2024
TOTAL | $569,666,670 | 10% | $56,966,667 | $0 | $56,966,667 | Full retainage balance held by NFA; subject of Meridian Count III ($56,966,667)