From: jeffrey E. <[email protected]> Sent: Tuesday, June 21, 20164:51 PM To: Cecile de Jongh Subject: Re: Better Roads Ilc? did you mean turn over to pawyers for Ilc </=iv> On Tue, Jun 2=, 2016 at 12:49 PM, Cecile de Jongh wrote: To clarify, you want to chan=e the payee from LSJE, LLC to LSJ, LLC? Wi=h warm regards, Cecile <=div> On Tuesday, June 21, 2016 12:45 PM, j=ffrey E. <[email protected] <mailto:[email protected]» wrote: turn over to Isj,lIc s On Tue, Jun 21, 2016 at 12:45 PM, Cecile de Jongh =span dir="ltr">< <mailto: > wrote: No, I don't think that it'=s incomplete but I can change it to "I sincerely hope that you w=ll opt to voluntarily return the funds so that we can avoid escalating thi= matter any further." =div dir="ltr">ls that better? <=div> With warm regards,=/div> Cecile On Tues=ay, June 21, 2016 12:35 PM, jeffrey E. <jeevacation@gma=l.com <mailto:jeevacation@g=ail.com> wrote: EFTA_R1_01567461 EFTA02461433
<=r clear="none"> last sentence inco=plete??! On Tue,=Jun 21, 2016 at 11:51 AM, Cecile de Jongh < ote: This is a draft of the certified letter to Mr. Diaz that Darren wrote=with my minor edits. Please let me know if this is fine to send to h=m. Dear Mr. Diaz: 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. 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. 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. 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. 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. Regards, Cecile de Jongh With warm regards, =br clear="none"> 2 EFTA_R1_01567462 EFTA02461434
Cecile </=iv> 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 [email protected] <mailto:[email protected]> , and destroy this communication and all=copies thereof, including all attachments. copyright -al= rights reserved 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 destroy this communication and all copies thereof, incl=ding all attachments. copyright -all rights reserved please note The information contained in this=communication is confidential, may be attorney-client privileged, mayconstitute inside information, and is intended only for the use of the=addressee. It is the property of JEE 3 EFTA_R1_01567463 EFTA02461435
Unauthorized use, disclosure or=copying of this communication or any part thereof is strictly prohibite= and may be unlawful. If you have received this communication in err=r, please notify us immediately by return e-mail or by e-mail to [email protected]<=a>, and destroy this communication and all copies thereof, including=all attachments. copyright -all rights reserved 4 EFTA_R1_01567464 EFTA02461436

