8-3001-17706-2

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE DEPARTMENT OF TRANSPORTATION

In the Matter of MnDOT Detroit Lakes Regional Headquarters, Construction Project Number 00TZ1791B

THIRD PREHEARING ORDER

Following the submissions of the parties at a August 27, 2007 Pre-Hearing Conference, the Scheduling Order in this matter was modified and summarized anew at that Conference;

IT IS HEREBY ORDERED:

1. By 4:30 p.m. on Friday, September 7, 2007, Comstock Construction Company will serve upon the Department a statement identifying any person whom it expects to call as an expert tradesman witness.

2. By 4:30 p.m. on Monday, September 17, 2007, the parties will exchange statements from any non-tradesman, designated expert witnesses (i.e., Messrs. Baum, Holmberg and Natwick) including a summary of the facts and opinions as to which this type of expert is expected to testify.

3. By 4:30 p.m. on Monday, September 24, 2007, the Department will serve affidavits from its tradesman experts, detailing the facts and opinions as to which this type of expert is expected to testify.

4. By 4:30 p.m. on Monday, October 15, 2007, Comstock Construction Company will serve affidavits from its tradesman experts, detailing the facts and opinions as to which this type of expert is expected to testify.

5. The period for discovery is hereby extended 14 days and shall close on Monday, October 29, 2007.

6. All other portions of the April 25, 2007 Stipulation and Amended Scheduling Order in this matter, not modified by this Order, remain in effect.

Dated this 14^th day of September, 2007.

_s/Eric L. Lipman_________________

ERIC L. LIPMAN

Administrative Law Judge