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h. FIFTH AMENDMENT TO THE CONSTRUCTION MANAGER AT RISK AGREEMENT WITH PCL CONSTRUCTION, INC. FOR A GUARANTEED MAXIMUM PRICE NO. 3 FOR THE WATER RECLAMATION FACILITY City Council will consider a request to approve Contract Amendment No. 5 to the Construction IN THE UNITED STATES DISTRICT COURT ... in Further Support of the Moti on and Application (“Pl. Mem. ... The due process requirements of the Fifth Amendment are ... Comp. Law, Art. 95A, Sec. 5B. Issues: 1) whether such refusal constituted such "misconduct" or involved Bd's. adding category to those listed in Act; 2) whether disqualification for exercise of constitutional privilege under Fifth Amendment deprived Pl. of due process under Fourteenth Amendment. Pending. 4:14-cv-04081 #23 - Free download as PDF File (.pdf), Text File (.txt) or read online for free. Doc 23 - Plaintiffs’ Consolidated Memorandum Opposing Defendants’ Motion to Dismiss and Supporting Plaintiffs’ Motion For Summary Judgment Plaintiff also asserted violations of its Fifth Amendment rights to substantive and procedural due process, and asserted its claims against the Town Board, the Town Planning Department and John Does and/or Jane Does # 1–6.