EFTA02461311.pdf

From: jeffrey E. <[email protected]> Sent: Tuesday, June 21, 2016 4:35 PM To: Richard Kahn Subject: Fwd: Better Roads have her hand deliver herlself Forwarded message From: Cecile de Jongh < ate:=Tue, Jun 21, 2016 at 11:51 AM Subject: Better Roads To: Jeffrey Epst=in <[email protected] <mailto:[email protected]> &=t;, Richard Kahn This is a draft of the certified letter to M=. Diaz that Darren wrote with my minor edits. Please let me know if =his is fine to send to him. Dear Mr. Diaz: =AO As I emailed you on Friday, April 8, 2016, I repeatedly called you all last we=k, leaving you numerous voice mail messages, as well as messages with your administrative assistant. Failing to receive any response, I also left a message for Mr. Jeffers and requested t=at that he forward that message to you. Mr. Jeffers has subsequently confirmed that he passed on the message however, you have yet to respond. Consequently, I am writing this letter to formally demand the immediate return to LSJE, LLC of $114,540.53 previou=ly paid to and unlawfully retained by Better Roads for work that has never bee= performed by Better Roads on Little St. James. =AO No representative of LSJE, LLC or Little St. James has ever signed any written agreement entitling Better Roads to charge any cancellation fee for work th=t has not been performed on Little St. James; nor has Better Roads at any tim= ever presented any representative of LSJE, LLC or Little St. James with a proposed contract that provides for the payment to Better Roads of such a cancellation fee. Moreover, no Better Roads representative has ever previously advised any representative of LSJE= LLC or Little St. James, either verbally or in writing, of any such cancellation fee, and there is simply no applicable statute or rule of law =hat authorizes Better Roads to charge or retain any such a cancellation fee. Better Roads' attempts to retain $76,875 as a cancellation fee, in addition to the $56,292.80 which it asserts as its cos=s on a project that it barely commenced and never completed, are therefore completely unlawful and entirely improper. =AO In the hopes of amicably resolving any disagreements between Better Roads and LSJE, LLC, the assertion by Better Roads that it has expended $56,292.80 on work performed on Little St. James to date has not as yet been challenged b= LSJE, LLC. However, should Better Roads refuse to return the remaining $114,540.53 of the total $170,833.33 which L=JE, LLC previously paid it, then LSJE, LLC shall have no choice but to pursue Better Roads legally for all moneys previously paid to Better Roads.=C2 In that event, Better Roads will surely expend will in excess of $76,875 and face the loss of the additional $56,292.80 it=has retained in a futile effort to hold onto a cancellation fee for which there=is absolutely no contractual or legal support whatsoever. =AO As I stated in my email to you, we are very disappointed with how this transac=ion has been handled to date, but are providing you with a last effort to see rrason and settle this matter amicably. Please respond immediately confirming that you will promptly refund $114,540.53 of=the $160,833.33 deposit which LSJE, LLC previously paid to EFTA_R1_01567250 EFTA02461311 you, or I will have =o choice but to turn this matter over to LSJE, LLC's. I sincerely hope that it will not be necessary to escalate this matter further. =AO =C2 =AO =C2 =AO =C2 =AO =C2 =A0 Regards, =AO =C2 =A0 =C2 =AO =C2 =AO =C2 =A0 Cecile de Jongh With warm regards, =ecile please note The inform=tion contained in this communication is confidential, may be attorney-c=ient privileged, may constitute inside information, and is intended onl= for the use of the addressee. It is the property of JEE Unauthor=zed use, disclosure or copying of this communication or any part thereo= is strictly prohibited and may be unlawful. If you have received thiscr>communication in error, please notify us immediately by return e-mail=or by e-mail to <[email protected]> , and destroy this communication and all copie= thereof, including all attachments. copyright -all rights reserved =/div> 2 EFTA_R1_01567251 EFTA02461312