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Law360 (June 7, 2018) An environmental engineering company asked a San Francisco judge on Thursday to nix claims over its role in a scandal over an alleged conflict of interest that ended a $400 million water desalination plant construction project, saying allegations it concealed the hire of a public official overseeing the project were time-barred. RMC Water and Environment said it hadn’t concealed that its paid consultant had also been a board member at one of the public agencies overseeing the desalination plant construction project it was working on. The company said plaintiff California-American Water Company had known about the alleged conflict since at least 2010, which meant the statute of limitations on its concealment claims had expired by the time the suit against RMC was filed in 2015. Cal-Am Attorney Robert Moore of Allen Matkins Leck Gamble Mallory & Natsis LLP said there was a tolling agreement between all the parties that meant the claims were still valid. And he added that the 2011 letter wasn’t addressed to RMC and said nothing about its claims against the subcontractor. He added that this argument hadn’t made it into RMC’s motion, and that he’d walked into court that morning “not on notice of what he’s going to argue today. We're not suing Monterey, we’re not suing Marina in court right now, we're suing RMC. When RMC hired Collins doesn't make any difference. … This [letter] has absolutely nothing to do with RMC. They’re not a party to this mediation,” he said. “We could have addressed all this if they'd ever put it in their papers, which they didn't.”
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