EFTA02360004.pdf

From: Cecile de Jongh Sent: Tuesday, June 21, 2016 5:02 PM To: Jeffrey E. Subject: Re: Better Roads </=iv> Yes, the next step will be to turn it over to Erika or&=bsp;whomever you would like to deal with this matter. With warm regards, Cecile =» wrote: To clarify, you want to change the payee from LSJE, LLC to LSJ= LLC? With warm regards, Cecile On Tuesday, =une 21, 2016 12:45 PM, jeffrey E. <jeevacation@gmail.com <mailtoleevacation@gmail.=om» wrote: turn over to Isj,lIc s On Tue, Jun 21, 2016 at 12:45 PM, Cecile de Jongh <mailto > wrote: No, I don't think that it's incomplete but I can change i= to "I sincerely hope that you will opt to voluntarily return the funds so=that we can avoid escalating this matter any further." Is that better? With warm regards, Cecil= EFTA_R1_01349483 EFTA02360004 On Tuesday, June 21, 2016 12:35 PM, je=frey E. <jeeva=ation@gmail.com <mailto:jeevacation@gmail.com» wrote: last sentence=nbsp; incomplete??! <=iv>On Tue, Jun 21, 2016 at 11:51 AM, Cecile de Jongh <mailto wrote: This is a=draft of the certified letter to Mr. Diaz that Darren wrote with my minor =dits. Please let me know if this is fine to send to him. clear="none"> Dear Mr. Diaz: &n=sp; 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. &n=sp; 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. &n=sp; 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.&=bsp; 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. &n=sp; 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 r=ason 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 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. &n=sp; • &n=sp; • &n=sp; &n=sp; • &n=sp; Regards, 2 EFTA_R1_01349484 EFTA02360005 &n=sp; • &n=sp; • &n=sp; • &n=sp; • &n=sp; Cecile de Jongh With warm regards, =br clear="none"> Cecile </=iv> &nbs=; please note The information contained in this com=unication is confidential, may be attorney-client privil=ged, may constitute inside information, and is intended =nly for the use of the addressee. It is the property of<=r clear="none">JEE Unauthorized use, disclosure or cop=ing of this communication or any part thereof is strictl= prohibited and may be unlawful. If you have received th=s communication in error, please notify us immediately b= return e-mail or by e-mail to jeevacation@gmail.com <mailtoleevacarion@gmail.com> , and destroy this communication and all copies thereof, including all attachments. copyright -all rights reserved &nb=p; please note =he information contained in this communication is confid=ntial, may be attorney-client privileged, may constitute=inside information, and is intended only for the use of =he addressee. It is the property of JEE Unauthorized use, disclosure or copying of this communi=ation or any part thereof is strictly prohibited and may=be unlawful. If you have received this communication in =rror, please notify us immediately by return e-mail or b= e-mail to jeeva=ation@gmail.com <mailtoieevacation@gmail.com> , and destroy this communication and =11 copies thereof, including all attachments. copyright =all rights reserved 3 EFTA_R1_01349485 EFTA02360006 &nb=p; please note The information contained in this co=munication is confidential, may be attorney-client privi=eged, may constitute inside information, and is intended=only for the use of the addressee. It is the property of=br clear="none">JEE Unauthorized use, disclosure or co=ying of this communication or any part thereof is strict=y prohibited and may be unlawful. If you have received t=is communication in error, please notify us immediately =y return e-mail or by e-mail to jeevacation@gmail.com <mailto:jeevac=tion@gmail.com> , and destroy this communication and all copies thereof, including all attachments. copyright -all rights reserved 4 EFTA_R1_01349486 EFTA02360007