EFTA00609876.pdf

LAW OFFICES WILFREDO A. GEIGEL WILFREDO A. GEIGEL AOinT TEO TO PRACTICE IN U.S. VIRGIN ISLANDS AND COMMONWEALTH Or PUERTO RICO REPLY TO: EUGENIC W.A. GEIGEL-SimOuNET ST. CROIX OFFICE ADDITTLO TO PRACTICE IN PUERTO RICO OFFICE COMMONWEALTH Or PUERTO Rico August 1, 2016 Mrs. Cecile de Jongh LSJE, LLC C/O American Yacht Harbor 6100 Red Hook Quarters, B-3 St. Thomas, VI 00802-1348 Re: Betteroads Asphalt Corporation Our File No.: 16-3078 (G) Dear Mrs. De Jongh: Please be advised that I represent Betteroads Asphalt Corporation. I have been requested to respond to your letter of June 22, 2016. We are more than happy that you are interested in amicably resolving any disagreements between Betteroads and LSJE, LLC. Probably you have not been provided with information regarding the reasons that led to the cancellation of the contract and requesting a cancellation fee which included work performed and mobilization costs on three occasions involving personnel, equipment transportation and specialty equipment shipping, taxes and clearing. After several delays and inconveniences caused by your people, Betteroads was instructed to mobilize for the project. After approximately $30,000.00 actually completed, Betteroads was prevented from continuing working on several occasions. You will remembered that the contract excluded barging to and from Little St. James Island because that was LSJE, LLC's responsibility. On several occasions the barge was not available but Betteroads was not given notice to prevent mobilization which represented at total costs of $27,460.00. On some occasions work had to be stopped because the owner preferred not to hear the noise of equipment from work being done. There was another delay at the start of the project because the owner had failed to obtain necessary building permits. Betteroads adjusted its price on the contract to the point it was below the market value and the below the cost of placing asphalt. The cancellation and interruption of work was in no manner the result of any act or omission on the part Betteroads. If LSJE, LLCs personnel had taken 20 ANCHOR WAY. 2ND FLOCS • GALLOWS BAY. ST. CROIX • US VIRGIN ISLANDS 00620 P O. BOX 25709 GAL OWS BAY • ST. CROIX. V.I. 00824.1749 TEl FAX • EMAIL 167 • UFATO RICO 00SOR EFTA00609876 WILFREDO A. GEIGEL Letter to Mrs. Cecile de Jongh Re. Betteroads Asphalt Corporation Page 2 care of those problems, the project would have been satisfactorily finished on time without unnecessary burdens and unnecessary costs to Betteroads. My client has no problem in completing the project, and is very interested in continuing with the same, but the cost incurred must be reimbursed, as well as work performed must be compensated. If we can proceed accordingly, my client will be willing to waive the cancellation cost of 15%, .charged for the constructive cancellation of the contract. In the alternative LSJE, LLC pays what it owes and there is no further responsibility or obligations from either party to the other. My client would rather complete the project, as long as the interruptions can be minimized. Your prompt response will be greatly appreciated. R Wilfredo A. G. g I, EFTA00609877