All Tribes Steel, Inc. v. Tetra Steel Worx OK, Inc.

IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA ALL TRIBES STEEL, INC., Plaintiff, v. TETRA STEEL WORX OK, INC., Defendant. PETITION Plaintiff, All Tribes Steel, Inc. ("Plaintiff" or "ATS"), for its claims against Defendant, Tetra Steel Worx OK, Inc., ("Defendant" or "Tetra"), alleges and states as follows: PARTIES, JURISDICTION, AND VENUE 1. ATS is incorporated in the State of Oklahoma and has its principal place of business in Wagoner County. 2. Tetra is incorporated in the State of Oklahoma and has its principal place of business in Tulsa County. 3. The Court has jurisdiction over the subject matter and the parties to this civil action pursuant to Okla. Const. Art. VII, § 7(a) and Okla. Stat. tit. 12, § 2004(F). 4. Venue is proper with the Court pursuant to Okla. Stat. tit. 12, §§ 134 and 142. BACKGROUND AND GENERAL ALLEGATIONS 5. This case involves the construction and erection of a steel building in Nampa, Idaho, referred to by the parties as the "24063 Elder & Karcher Industrial Flex Project" ("Project"). The owner of the Project is Spar Investment, LLC, and the general contractor overseeing the Project is Radix Construction. 6. Tetra is a manufacturer of steel products. It fabricated and/or sourced the steel components (and accessories) that were erected by ATS for the Project. 7. On June 6, 2025, Tetra agreed to a bid proposal submitted by ATS for the erection of Tetra’s steel components for the Project ("Contract"). The Contract set forth the terms and conditions upon which ATS would provide its services to Tetra for a lump sum amount of $275,000. A copy of the Contract is attached as Exhibit 1. 8. ATS commenced its work on the Project soon after execution of the Contract. However, upon arrival in Nampa, Idaho the condition of the Project was substantially different than represented by and agreed to by Tetra in the Contract. 9. ATS encountered multiple difficulties in completing the Project due to Tetra’s failure to provide required steel products and accessories, and the delivery by Tetra of steel products with substantial defects. 10. These defects were a substantial deviation pursuant to the terms of the Contract, which provided that: Misfabrication (missing holes, incorrect gage, incorrect size) shall not be deemed a minor misfit (which is defined as a misalignment of multiple ply connections caused by accumulated tolerances). (Exhibit 1, at 3, General Conditions and Exclusions #2). 11. ATS submitted multiple change orders given the materially different nature of the Project and defective steel products provided by Tetra. One such change order, dated August 4, 2025, requested a change to do additional drilling work for an additional $4,700 ("Change Order 1"). A copy of Change Order 1 is attached as Exhibit 2. A second change order, dated August 1, 2025, was submitted for approximately $54,000, for work required to address misalignment with the steel components supplied by Tetra ("Change Order 2"). A copy of Change Order 2 is attached as Exhibit 3. 12. Despite the fact that the issues addressed in Change Order 1 and Change Order 2 were outside the scope of work set forth in the Contract, Tetra rejected both of them and ultimately prevented ATS from completing its work on the Project. 13. Despite the difficulties that ATS encountered due to Tetra’s failures, ATS remained on schedule to complete the scope of work called for by the Contract up until Tetra’s refusal to execute the change orders proposed by ATS. 14. On August 8, 2025, Tetra’s President, Stephen Mora, sent a letter to ATS purporting to immediately terminate Tetra for cause. In that letter, Tetra claimed that ATS had (a) submitted unreasonable change orders, (b) violated “communication protocols,” and (c) engaged in anticipatory repudiation of the Contract ("Termination Letter"). The Termination Letter further demanded that ATS remove all personnel and equipment from the Project. A copy of the Termination Letter is attached as Exhibit 4. 15. On September 12, 2025, ATS demanded that it be paid the remainder of the amount owed by Tetra under the Contract, which was and remains $175,000 ("Demand Letter"). A copy of the Demand Letter is attached as Exhibit 5. 16. On September 15, 2025, Tetra refused ATS’s demand for payment and claimed that there were seven issues which justified terminating ATS from the Project and its refusal to pay the remaining amount owed to ATS "Mora Email"). A copy of the Mora email is attached as Exhibit 6. 17. The seven items identified by Tetra are (a) unsupported, (b) attributable to Tetra's failure to provide proper steel products and accessories to ATS, and (c) a pretext to avoid paying ATS. 18. At the time of Tetra's purported termination, ATS had substantially completed the scope of work expressly provided in the Contract. 19. The Contract required Tetra to pay ATS a lump sum amount of $275,000. At the time of termination, however, ATS had only been partially paid in the amount of $100,000. 20. On February 13, 2026, ATS made a demand for payment and offer to compromise, which was rejected by Tetra. FIRST CLAIM FOR RELIEF Breach of Contract 21. ATS incorporates paragraphs 1 through 20 as though fully set forth herein. 22. ATS and Tetra are parties to the Contract whereby ATS agreed to provide labor and services to erect a steel structure on the Property. In exchange, ATS agreed to be compensated for the lump sum amount of $275,000. 23. ATS substantially performed the Contract and provided labor and services as set forth in the Contract, but Tetra has failed to pay ATS the amounts owed for its labor and associated costs in erecting the steel structure. Instead, Tetra, without notice and without any justified cause, purported to terminate the Contract on August 8, 2025. 24. ATS has been damaged as a result of Tetra's numerous material breaches of the Contract. 25. ATS is entitled to judgment against Tetra on its First Claim for Relief for breach of contract and an award of general and special damages, including consequential and incidental damages, to be proven at trial in an amount not less than $175,000, including an award of ATS’s attorneys’ fees and expenses. SECOND CLAIM FOR RELIEF Breach of Implied Covenant of Good Faith and Fair Dealing 26. ATS incorporates paragraphs 1 through 25 as though fully set forth herein. 27. Under Oklahoma law, there is an implied duty of good faith implicit in every contract. Tetra, as party to the Contract with ATS, owed a duty to ATS to deal with ATS fairly in connection with (a) supplying conforming steel products and accessories, (b) payment for substantial performance, (c) negotiation of change orders for labor and services not contemplated by the Contract, and (d) with respect to good faith termination of ATS. 28. Tetra breached the duty of good faith implicit in the Contract through its acts and omissions as alleged herein, particularly in failing to timely provide conforming steel components and accessories to ATS, failing to agree to change orders for labor and materials outside the scope of the Contract, and terminating ATS without justifiable cause and for alleged causes that are not provided for in the Contract (such as improperly communicating with the owner of the Property) in an effort to avoid payment to ATS. 29. ATS is entitled to a judgment against Tetra on its Second Claim for Relief for breach of the implied covenant of good faith and fair dealing and an award of general and special damages, including consequential damages, to be proven at trial in an amount not less than $175,000, including an award of ATS’ attorneys’ fees and expenses. PRAYER FOR RELIEF WHEREFORE, ATS demands that it be granted relief against Tetra as follows: A. A judgment for breach of contract in favor of ATS and against Tetra and an award of general and special damages, including consequential and incidental damages, to be proved at trial; B. A judgment for breach of the covenant of good faith implied in all contracts under Oklahoma law in favor of ATS and against Tetra and an award of general and special damages, including consequential and incidental damages to be proved at trial; and C. All other relief to which ATS is entitled at law or in equity, including pre- and post-judgment interests as well as attorneys’ fees and costs in maintaining this action, under the facts alleged in this Petition. Dated this 24th day of February, 2026: Respectfully submitted, Chad J. Kutmas, OBA #19505 David J. Anderson, OBA #35538 NORMAN WOHLGEMUTH, LLP 401 S. Boston Avenue, Suite 3200 Tulsa, OK 74103 (918) 583-7571 (office) (918) 584-7846 (facsimile) [email protected] Attorneys for Plaintiff, All Tribes Steel, Inc. BID PROPOSAL ALL TRIBES STEEL 32558 E. 750 Rd Wagoner, OK 74467 918-508-1963 Date: 6/4/25 Proposal No: PR-24063 Company: Tetra Steel Worx Attn: Stephen Mora, Levi Medlin Subject: 24063 Elder & Karcher Industrial Flex All Tribes Steel Inc. propose to perform the identifiable and quantifiable work for the above referenced project subject to the terms and conditions of this proposal. SCOPE OF WORK • Division 5 • PEMB & Components • Does not include Sheets LABOR & EQUIPMENT TO INSTALL PEMB Section 1 • Mobilize and establish onsite presence with full time competent crew/foreman & craftsmen. • Unload and safely stage materials. • Supply all Safety personnel, equipment and Firewatch. • 40 hour work week • 30% Mobilization net 10 BID DOCUMENTS Structural SPECIFIC EXCLUSIONS 1. Any Items not shown on design drawings listed above, or any items not listed In Section 1 of this proposal. 2. Bollards 3. Grout 4. SURVEYING 5. ANYTHING FROM MECHANICAL, ELECTRICAL, LANDSCAPING AND PLUMBING 6. ANYTHING NOT IN BASE BID 7. Removal of Block, Rock or Brick 8. Bonding 9. Adjustment of any embeds 10. Providing weldable shim material 11. Shipping of materials 12. Wall and Roof Sheets 13. Insulation PROJECT-SPECIFIC CONDITIONS AND EXCLUSIONS 1. Proposal is based on working a straight-time, 8-hour day, forty (40) hours per week. 2. We will furnish and install two-line temporary safety railing without toeboards at floor perimeter and major floor openings. The temporary railing system will be left in place after erection and detailing of floor is complete, at which time General Contractor assumes liability for the safety railing, as well as for removal and return of material when no longer in use. 3. We will furnish and install a two-line temporary safety railing at the roof. The temporary railing system will be left in place after erection and detailing of floor is complete, at which time General Contractor assumes liability for the safety railing, as well as for removal and return of material when no longer in use. 4. Hoisting provided by erector 5. If hoisting is provided by contractor, erector shall have priority to use hoisting equipment. 6. This proposal includes composite general clean-up time. 7. This proposal includes firewatch requirements. 8. Grout by others. 9. Members shall be built up in assemblies in the shop to the greatest extent possible. 10. Railing shall be delivered with inserts or panels installed. 11. Proposal price is based on single [multiple] mobilization. 12. Fabricated steel to include standard erection aids, such as picking holes at top of columns and holes in web of columns for safety cables. 13. Bent plates to be ship loose [shop bolted to beams]. 14. Proposal based on have full access around the structure to install and detail the structure. 15. Proposal based on being allowed to perform Christmas treeing (multiple pick rigging) per OSHA. 16. Proposal excludes fees for using the Textura payment system. 17. Proposal includes] minority or female work participation. 18. Proposal includes women/minority business enterprise participation. 19. Proposal based on tension control bolts (twist-off). 20. Miscellaneous materials shall be shipped assembled to the fullest extent possible. 21. Gusset plates and grit clips shall be shop bolted or welded to the appropriate connecting member to facilitate erection, per our requirements. 22. Fabricator to provide all drilled anchors for railings, stairs and landings. 23. Proposal excludes grouting of column base plates. 24. Proposal includes core drilling for railing installation. 25. Fabricator is to shop prepare field weld joints, including weld tabs and back-up bars. 26. Fabricator to leave edges to be welded unpainted. 27. All column and truss splices shall be field bolted. 28. An agreed-upon baseline project schedule shall be included in the contract documents, which describes order, sequence and rate of delivery. 29. We shall be provided with schedules, drawings and bolt placement sheets in advance of work performed to review and make requests for erections aids and sequence to efficiently conduct our operations. 30. Delivery of material will be scheduled to maintain continuous operations after we begin. Proof of enforceable delivery schedule prior to start of erection is required. 31. Developed fill plates shall be shop welded to the appropriate member. 32. Supply or payment of Performance and Payment Bonds are excluded. 33. Preparation of as-built drawings is excluded. 34. Removal of weld tabs, back-up bars, erection aids and plugging erection holes are included. 35. Removal or replacement of fireproofing for our work is included providing field measurements for fabrication is excluded. 36. Cleaning steel and deck is by others. 37. Dust control, snow removal, pedestrian protection, protection of existing facilities, traffic control, lane closures and flagmen required for our operations are included. 38. Touch up paint (primer) is excluded. Final touch up paint is excluded. 39. Mechanical and electrical penetration frames or reinforcement not shown on the structural drawings are excluded. 40. Support frames for mechanical and electrical components shall be provided and installed before decking. 41. Erector shall not cut the deck for the mechanical openings. 42. General Contractor to provide one grade nut per cluster at final elevation prior to start of erection. 43. Pre-employment drug testing costs shall be paid by General Contractor or Owner. 44. This proposal excludes badging costs. 45. Parking for workers shall be provided by the General Contractor. GENERAL CONDITIONS AND EXCLUSIONS 1. We reserve the right to review all contract conditions and contract language prior to entering into a subcontract agreement. Even if a sample subcontract was attached to the bid documents, we reserve the right to negotiate acceptable and fair subcontract language prior to entering into a subcontract agreement at this price. 2. Misfabrication (missing holes, incorrect gage, incorrect size) shall not be deemed a minor misfit (which is defined as a misalignment of multiple ply connections caused by accumulated tolerances). 3. Proposal is based on the provisions of the AISC Code of Standard Practice for Steel Buildings and Bridges, June 15, 2016, RCSC and AWS D1.1, D1.3 and OSHA Subpart R. 4. Builders Risk Insurance or Builders Risk Deductibles and insurance premium payable for OCIP/CCIP/ROCIP policies are paid by others. 5. Cost and scheduling of third-party inspection and testing of any kind are excluded. 6. All materials which are to become a permanent part of the structure including shims, fills, shear connectors, field bolts, expansion anchors, cartridge anchors and back-up and extension bars are excluded. 7. Erection of steel items that do not connect directly to the main structural frame at the time of its erection, such as anchor bolts, embed plates, lintels, or masonry supports are excluded. 8. Demolition of any kind is excluded. 9. Steel Installation as classified under the jurisdiction of boilermakers, electricians or pipefitters is excluded. Price only includes steel erected under the jurisdiction of ironworkers. 10. Protection of underground utilities and removal of overhead obstructions are excluded. 11. Unloading, storing or installation of hangar clips or acoustical batts for metal decking (if any) are excluded. 12. Installation of rebar, deformed bar anchors, cold formed framing or Unistrut are excluded. 13. Cutting and patching of existing construction is excluded. 14. Reinforcements or modifications to existing steel, removal or replacement of any sheeting or paneling to access our work are excluded. 15. Hoisting for other trades is excluded. 16. Marshalling of steel if steel is located other than accessible with hook is excluded. 17. Electrical power for our welding operations that is furnished and connected to our panel boards shall be by others. 18. Use of weld washers for steel deck is excluded. 19. Shoring of metal decks and taping and caulking decking gaps and making them mortar tight are excluded. 20. Planking and netting are excluded 21. Contractor to provide elevation and gridlines at every level to erector. 22. Protection of final slab, walls, and products to be by others. 23. Erector takes no responsibility in errors or omissions in the design or the compliance of the design to building codes. PAYMENT TERMS 1. We will require a mobilization payment of 10% payable at mobilization. This is included in our lump sum price. 2. Invoices shall be submitted on the 20th] date of the month. 3. Payment shall be within 30 calendar days of the invoice date. 4. The maximum retention shall be 5% on labor only. Retention shall be paid within thirty days following completion of our portion of the work. 5. This proposal document, as amended by mutual written agreement, shall become a part of the subcontract agreement. Due to market volatility of unknown tariffs, This proposal is valid for Thirty (30) days after date of receipt. BASE PRICE: $ Lump Sum Price for the above-mentioned scope of work, conditions and exclusions: This price and proposal is valid for 30 days Signature: TJ G Cooper All Tribes Steel Signature: [signature] Tetra Steel Worx 6/6/2025 CONSTRUCTION CHANGE ORDER <table> <tr> <th>Company Name</th> <td>All Tribes Steel</td> <td rowspan="3"><img src="https://example.com/image.png" alt="Logo"></td> <td></td> </tr> <tr> <th>Company Address</th> <td>32558 E 750 Rd. Wagoner, OK 74467</td> <td></td> </tr> <tr> <th>Company Phone</th> <td>918-999-2301</td> <td></td> </tr> <tr> <th>Project Name</th> <td>Elder & Karcher Industrial Flex</td> <th>Client</th> <td>Idaho Project</td> </tr> <tr> <th>Change Order No.</th> <td>00001</td> <th>Company Name</th> <td>Tetra Industrial Group</td> </tr> <tr> <th>Requesting Party</th> <td>All Tribes Steel</td> <th>Address</th> <td>3100 Charles Page Blvd. Tulsa OK 74127</td> </tr> <tr> <th>Date of Request</th> <td>8/4/2025</td> <th>Phone Number</th> <td>918-288-0400</td> </tr> <tr> <th>Description of Changes</th> <td colspan="3">Drill holes through purlins on J line 1-3</td> </tr> <tr> <th>Reasons for Change</th> <td colspan="3">The holes in the purlins did not line up with each other, the holes were 2" off center.</td> </tr> </table> Additional Information <table> <tr> <th>Materials</th> <th>Description</th> <th>Quantity</th> <th>Unit Price</th> <th>Amount</th> </tr> <tr> <td>Drill Bits</td> <td></td> <td></td> <td></td> <td>$50.00</td> </tr> <tr> <td colspan="4">Total</td> <td>$50.00</td> </tr> <tr> <th colspan="2">Labor</th> <th>Hours</th> <th>Rate</th> <th>Amount</th> </tr> <tr> <td>Regular Pay</td> <td></td> <td></td> <td></td> <td></td> </tr> <tr> <td>Overtime Pay</td> <td>4 Jou neyman (Sat Work)</td> <td>32</td> <td>$115.00</td> <td>$3,680.00</td> </tr> <tr> <td colspan="4">Total</td> <td>$3,680.00</td> </tr> <tr> <th colspan="2">Equipment</th> <th>Hours</th> <th>Rate</th> <th>Amount</th> </tr> <tr> <td>(2) 26' sissor lifts</td> <td></td> <td></td> <td></td> <td>$400.00</td> </tr> <tr> <td colspan="4">Total</td> <td>$4,130.00</td> </tr> </table> <table> <tr> <th></th> <th></th> <th>OH/P 15%</th> <th>$619.50</th> </tr> <tr> <td colspan="2"></td> <td>Grand Total</td> <td>$4,749.50</td> </tr> <tr> <th rowspan="3">Approved By</th> <th>Date</th> <th>Signature</th> <th>Notes</th> </tr> <tr> <td></td> <td></td> <td></td> </tr> <tr> <td></td> <td>Print Name</td> <td><b>Please sign and date to proceed</b></td> </tr> </table> CONSTRUCTION CHANGE ORDER <table> <tr> <th>Company Name</th><td>All Tribes Steel</td> <th>Company Address</th><td>32558 E 750 Rd. Wagoner, OK 74467</td> <th>Company Phone</th><td>918-999-2301</td> </tr> <tr> <th>Project Name</th><td>Elder & Karcher Industrial Flex</td> <th>Client</th><td>Idaho Project</td> <th>Change Order No.</th><td>00002</td> <th>Company Name</th><td>Tetra Industrial Group</td> <th>Requesting Party</th><td>All Tribes Steel</td> <th>Address</th><td>3100 Charles Page Blvd. Tulsa OK 74127</td> <th>Date of Request</th><td>8/1/2025</td> <th>Phone Number</th><td>918-288-0400</td> </tr> </table> Description of Changes Remove bolted on clips, cutt approximatley 2" off of the girts to allow this too work, then replace and weld clips in new location. Reasons for Change Clips installed in wrong orientation Additional Information Contract work will be completed by Friday 8/8/2025. Need signed change orders to complete work for this project. <table> <tr> <th>Materials</th><th>Description</th><th>Quantity</th><th>Unit Price</th><th>Amount</th> </tr> <tr> <td>Welding Rod</td><td>For welding on clips back on.</td><td></td><td></td><td></td> </tr> <tr> <td colspan="4">Total</td><td></td> </tr> <tr> <th colspan="2">Labor</th><th>Hours</th><th>Rate</th><th>Amount</th> </tr> <tr> <td>Regular Pay</td><td>(7) Men 40 hours</td><td>280</td><td>$85.00</td><td>$23,800.00</td> </tr> <tr> <td>Overtime Pay</td><td>(7) Men 10 hours</td><td>70</td><td>$115.00</td><td>$8,050.00</td> </tr> <tr> <td>Subsistance</td><td>(7) Men @ $120 per Day X 7 days</td><td></td><td>$6,000.00</td><td>$6,000.00</td> </tr> <tr> <td colspan="4">Total</td><td>$37,850.00</td> </tr> <tr> <th colspan="2">Equipment</th><th>Hours</th><th>Rate</th><th>Amount</th> </tr> <tr> <td>2 Boom Lifts</td><td></td><td></td><td></td><td>$9,000.00</td> </tr> <tr> <td>2 Scissor Lifts</td><td></td><td></td><td></td><td></td> </tr> <tr> <td>1 Skytrack</td><td></td><td></td><td></td><td></td> </tr> <tr> <td colspan="4">Total</td><td>$46,850.00</td> </tr> <tr> <td colspan="4">OH/P 15%</td><td>$7,027.50</td> </tr> <tr> <td colspan="4">Grand Total</td><td>$53,877.50</td> </tr> </table> Approved By <table> <tr> <th>Date</th><th>Signature</th><th>Notes</th> </tr> <tr> <td colspan="3">Print Name Please sign and date to proceed</td> </tr> </table> August 8, 2025 Thomas Cooper President All Tribes Steel 32558 East 750 Road Wagoner, OK 74467 VIA EMAIL Re: Termination for Cause – Breach of Subcontract Dear Mr. Cooper: This correspondence serves as formal notice that Tetra Steel Worx is terminating the erection agreement with All Tribes Steel for the Elder & Karcher Industrial Flex Building project in Nampa, ID for cause, effective immediately, pursuant to our contractual rights and applicable law. From the outset of the project, All Tribes Steel has engaged in repeated and material breaches of the agreement, including but not limited to: 1. Unreasonable and Noncompliant Change Orders – You have submitted unreasonable change orders and demands for payment that are excessive in scope and cost and are unsupported by contractual entitlement and engineering necessity. 2. Violation of Communication Protocols – You have bypassed the required communication structure and contacted the project owner and general contractor directly, causing disruption of project administration. 3. Anticipatory Repudiation – You have expressly threatened to abandon the project unless your improper change orders were approved. Such threats constitute an unequivocal refusal to perform your contractual obligations and a direct violation of the subcontract’s requirement to proceed diligently with the work, regardless of disputes. We rejected your proposed change orders. Your conduct has materially interfered with project execution, delayed progress, and forced us to secure alternate contractors to complete your scope of work. These actions have caused, and will continue to cause, damages for which you are liable, including but not limited to additional completion costs, delay-related damages, and any liquidated damages assessed by the owner. Effective immediately, you are hereby directed to cease all work, remove all personnel and equipment from the jobsite, and vacate the premises. Any failure to comply will result in your forcible removal from the site, with all associated costs charged back to you. We will be pursuing all remedies available, including recovery of all costs, damages, attorneys' fees, and interest, as allowed under the agreement and applicable law. Nothing in this letter shall be deemed a waiver of any rights or remedies. Sincerely, Stephen Mora President together. Crew will need to cut loose the welded ones and make all the corrections to install. Crew cut these welds then lower the columns to the correct elevation and install the plate clips that attached the top of the column to the beams. drawings per the contract drawings 6. Crew continued to make all corrections to structural bolting and diaphragm sag rods and the swapping of hardware at all of these connections from E line towards A line. Crew finished squaring the roof on the west side between grids J and H 7. Note: After the crew on 1 line moved on to the next bay to the east, they soon realized that the top of these walls are leaning too much to be able to install these working rest upper girts properly. After further investigation we realized that there was supposed to be spacers installed in between the stub up column and the rafter so that the column would be plumb. The previous erector had installed these properly on line 3 but failed to install these on line 1 all the way down. Stephen Mora Chief Strategy Officer Tetra Industries Group Contact Information: D: 918 992 6288 C: 928 853 9683 [email protected] www.tetraig.com 3100 Charles Page Blvd Tulsa OK 74127 From: Whitney Ratliff <[email protected]> Sent: Friday, September 12, 2025 11:08 AM To: Stephen Mora <[email protected]> Cc: [email protected] <[email protected]> Subject: Re: Immediate Action Required: Updated Payment Instructions for All Tribes Steel Inc Hi Stephen, Thank you for sending the attached document. We have reviewed it, and it does not alter our position. The outstanding balance of $175,000.00 remains due no later than September 19th, as previously stated. If full payment is not received by that date, we will have no choice but to proceed with placing a lien on the project. We remain available to discuss resolution, but our position regarding the balance due is unchanged. Thank you, Whitney Ratliff Office Administrator 918-946-1960 [email protected] alltribessteel.com Native Owned TERO & CESO CERTIFIED ALL TRIBES STEEL Outlook Fw: Immediate Action Required: Updated Payment Instructions for All Tribes Steel Inc From David Norsworthy <[email protected]> Date Mon 9/15/2025 9:13 PM To Thomas Cooper <[email protected]>; Whitney Ratliff <[email protected]> This is the email From: Stephen Mora <[email protected]> Sent: Monday, September 15, 2025 9:53:26 AM To: Whitney Ratliff <[email protected]> Cc: [email protected] <[email protected]>; David Norsworthy <[email protected]> Subject: Re: Immediate Action Required: Updated Payment Instructions for All Tribes Steel Inc To confirm, despite the following All Tribes position is that they completed their scope of work. Not one line was bolted, torqued, or plumb. Not one... And a bolt went into every hole once the members were properly installed. Primary Structure Rework Summary: 1. Note: Through this discovery crew found that in multiple connections wrong bolts had been installed in both grade, length and diameter in roughly 75% of connections and had not been torqued down per the contract documents. Crew started swapping out bolts for the correct per plan but will need to revisit torque sequence until building is racked and plumb ready to be locked in. 2. Note: crew found that all diaphragm rods installed had not been installed with the hill side washers or the intended call our of plate washers per the contract documents. This is causing the hardware "nuts and small washer" to suck through and into the hill side rod connection. Crew had to go back with focus on removal and replacement of the required hardware prior to racking sequence previously being performed. (One of the Apexes was installed backwards with the hillsides on the wrong side as well) 3. Note: Crew found while trying to bolt up portal frame located on grid 1/C to D, that previous erector had installed all pieces required in incorrect location "backwards" and that bolt hole patters will not allow for this to work. Crew had to take down a portal beam and 2 columns installed the columns and make all correction per the contract drawings. 4. Note: Crew found that canopy pieces at grids 1/C to D and at 1/Ato B have the main members B37 and B35 spun upside down creating a dog leg /"bow" in the exterior member and will not allow the straight appearance desired per design. Crew took apart the canopy members to reinstall correct per the contract drawings. 5. Note: Crew found that all portal columns installed by previous erector had not had upper column connected plates installed and crew found that the erector was welding a few of these together. Crew will need to cut loose the welded ones and make all the corrections to install. Crew cut these welds then lower the columns to the correct elevation and install the plate clips that attached the top of the column to the beams. drawings per the contract drawings 6. Crew continued to make all corrections to structural bolting and diaphragm sag rods and the swapping of hardware at all of these connections from E line towards A line. Crew finished squaring the roof on the west side between grids J and H 7. Note: After the crew on 1 line moved on to the next bay to the east, they soon realized that the top of these walls are leaning too much to be able to install these working rest upper girts properly. After further investigation we realized that there was supposed to be spacers installed in between the stub up column and the rafter so that the column would be plumb. The previous erector had installed these properly on line 3 but failed to install these on line 1 all the way down. Stephen Mora Chief Strategy Officer Tetra Industries Group D: 918 992 6288 C: 928 853 9683 [email protected] www.tetraig.com 3100 Charles Page Blvd Tulsa OK 74127 From: Whitney Ratliff <[email protected]> Sent: Friday, September 12, 2025 11:08 AM To: Stephen Mora <[email protected]> Cc: [email protected] <[email protected]> Subject: Re: Immediate Action Required: Updated Payment Instructions for All Tribes Steel Inc Hi Stephen, Thank you for sending the attached document. We have reviewed it, and it does not alter our position. The outstanding balance of $175,000.00 remains due no later than September 19th, as previously stated. If full payment is not received by that date, we will have no choice but to proceed with placing a lien on the project. We remain available to discuss resolution, but our position regarding the balance due is unchanged.