Edwin L. Doernberger, an attorney at law duly admitted to practice before the courts of this state, affirms, under the penalties of perjury, as follows:

I am a member of the firm of Saxe Doernberger & Vita, P.C., counsel for Plaintiffs Gilbane Building Co./TDX Construction Corp., a Joint Venture; Gilbane Building Company; TDX Construction Corporation (collectively “‘Plaintiffs”).

This action was instituted by Plaintiffs against the above—named defendants seeking declaratory relief with respect to insurance coverage for the underlying litigation known as Dormitory Authority- State of New York, at al. v. Samson Construction Co. et al., Supreme Court, New York County, index No. 403436/06 and other related third-party actions and related proceedings (the “Underlying Action”).

Roadway Contracting, Inc.; Soil Solutions, Inc.; Consolidated Edison Company of New York, Inc.; and SPX Corporation, have been added as potentially liable parties in the Underlying Action.

in addition, Plaintiffs seek to add the builders risk insurer, Crum & Forster Specialty Company; to the present case to determine the obligations of these defendants to provide insurance coverage to plaintiffs.

Attorney for Defendant Hayward Baker, Inc. Joseph A. Wilson, Esq. Hiscock & Barclay, LLP 100 Chestnut Street Rochester, New York 14604

Attorneys for Liberty Insurance Underwriters Roadway Contracting, Inc. 570 Garnder Ave. Brooklyn, NY 11222 Consolidated Edison Company of New York, Inc. 4 Irving Place New York, NY 10003 Liberty Mutual Insurance Company 175 Berkeley St. Boston, MA 02117 National Casualty Company 8877 North Gainey Center Drive Scottsdale, AZ 85258 Attorney for Defendant Perkins Eastman Architects, P.C. Michael L. Zigelman, Esq. Eric Stern, Esq. Kaufman Dolowich Voluck & Gonzo LLP 135 Crossways Park Drive, Suite 201 Woodbury, NY 11797

Upon information and belief, defendant Crum & Forster Specialty Company (“Crum”) is a corporation, duly organized and existing under the laws of the State of Arizona with its principal place of business located at 305 Madison Ave., Morristown, New Jersey.

Upon information and belief, in its contract with DASNY, Roadway promised to make the JV an additional insured on general liability policies during the course of Roadway’s work on the Project.

Upon information and belief, the negligent timber pile driving broke down the Substrata beneath the soil’s surface, resulting in further settlement to the C&D building.