EFTA00727991.pdf

VIA EMAIL and First Class Mail DARREN K. INDYKE DARREN K. INDYKE, PLLC 301 East 66th Street, 10B New York, Telephone: Telecopier: email: March 24, 2010 Jay Goldberg, Esq. 250 Park Avenue Suite 2020 New York, New York 10177 Re: Agreement for Design Services dated May 15, 2009 by and among Juan Pablo Molyneux, J.P. Molyneux Studio, Ltd., L.S.J., LLC and Jeffrey Epstein Dear Jay: Fanceli has left the Island for a third time without finishing the cabinetry for the Library. This time, at the eleventh hour, they claim that the humidity levels in the library are too high to properly apply a varnish finish to the cabinets. As I understand it, this will delay the project yet again for at least another two months. The cabinetry has been installed in the Library since September of last year. Mr. Molyneux's "expert" millworkers and finishers have been on site two times since then and never once mentioned any problems with the humidity levels or the necessity for the humidity to be at a particular level in order to properly finish the cabinets. Although we have been discussing finishing the cabinetry on site since before we reached our settlement almost 11 months ago, neither Fanceli nor Mr. Molyneux has ever specified any conditions required at the Library for that on-site work. Indeed, Mr. Molyneux, himself, has been on site and never expressed any concern about the existing conditions. Only now, when we are pressed up against a deadline that Mr. Epstein has already extended two times, are we informed that there is a problem. As I have explained several times, over two years ago, Mr. Epstein complained that the cabinetry was made from the wrong wood, was of the wrong color and was not as originally rendered by Mr. Molyneux. As Mr. Molyneux well knows, this cabinetry is the centerpiece of this multimillion dollar project and, as such, Mr. Epstein made it very clear that it needed to be exactly as Mr. Molyneux EFTA00727991 rendered it to Mr. Epstein when he approved it. Mr. Molyneux assured Mr. Epstein that he would be completely satisfied with the finished product. Time and time again, Mr. Epstein requested that the cabinetry be finished in Europe and photographs of the finished pieces be sent to him for approval, so that Mr. Epstein could make sure it would be as Mr. Molyneux promised, before the cabinetry was ever sent to the Island. Mr. Molyneux refused to address this problem then or even when we reached our settlement, insisting that this cabinetry, made from the wrong materials, first be installed on the Island and then be finished on site. As I understand it, Fanceli now claims that a varnish finish will not be able to cure properly under the existing conditions at the Library. However, Mr. Epstein has never insisted on a varnish finish. In fact, both of the purchase orders for the cabinetry, the original one requiring dark walnut and the one that was changed in the settlement agreement to reflect the fact that the cabinetry was built of the wrong wood, indicated that the finish would be a wax finish. Moreover, in Mr. Epstein's numerous discussions with Mr. Molyneux since entering into the settlement agreement, Mr. Epstein has repeatedly asked Mr. Molyneux to provide completed millwork samples of darker colors with varnish, wax and urethane finishes in order to evaluate the finish that is most suitable for the Library. When Mr. Molyneux met with Mr. Epstein on the Island over two months ago, Mr. Molyneux presented Mr. Epstein with only one sample, which Mr. Epstein flatly rejected as inadequate for his multimillion dollar Library. Mr. Epstein then asked Mr. Molyneux to provide Mr. Epstein with six completed millwork samples of different colors and finishes, so that Mr. Epstein could work with Mr. Molyneux to produce a result consistent with Mr. Molyneux's original rendering. After waiting more than a month for these samples, three weeks ago, Mr. Epstein received a single small sample board with five narrow stripes of virtually indistinguishable colors with the same exact finish. I sent you a photograph to show you how absurdly inadequate that sample board was. When they came to the Island this time, Fanceli's finishers brought no materials with which to create different finishes to present to Mr. Epstein. In fact, these representatives, represented by Mr. Molyneux to be the finest craftsmen, intended to provide Mr. Epstein with additional finish samples created with garden-variety varnish they were to purchase at the local Home Depot. Jay, this is outrageous. Sincerely, /s/ Darren K. Indyke Darren K Indyke EFTA00727992