August 17, 2005
BEARD TECHNOLOGIES, INC.
BOYCE, GRAYBEAL & SAYRE, INC.
This Construction Contract is made and entered into as of the 17 th day of August, 2005, by and between
BEARD TECHNOLOGIES, lNC., with offices located at 355 William Pitt Way, Pittsburgh, Pennsylvania 15238
("Purchaser”) and BOYCE, GRAYBEAL & SAYRE, lNC., with offices located at 100 Amy Lane, P.O. Box 110, Slab
Fork, West Virginia 25920 ("Contractor').
Purchaser is leasing an area identified as the Smith Branch Impoundment ("the Construction Site"), location on
the Pinnacle mine site and owned by PinnOak Resources, LLC ("Land Owner”) upon which a fine coal recovery
plant and operation will be installed and established (''Facility''). The Construction Site is located in Wyoming
County and near Pineville, WV. The Purchaser desires to install a new fine coal recovery preparation plant at this
Construction Site (“the Plant”), Contractor is in the business of designing and building coal facilities and is
willing to design and build the Plant for Purchaser upon the terms and conditions set out in this contract.
As used in this contract the term "Plant” shall mean all of the equipment, machinery, structures, services, and
other items needed to provide a preparation plant to recover a fine coal product from the Smith Branch
lmpoundment, as contained in the Bid Documents and listed specifically in Attachment A, which is attached to
and made a part here of ("Documents").
Now, therefore, the parties agree as follows:
Contractor shall design, fabricate, build and install the Plant on the Construction Site and shall furnish all items
contained in the included Documents except those items specifically designated to be supplied by Purchaser.
Purchaser shall furnish Contractor the Construction Site free of any obstructions and graded to working