EFTA02707143

From: BMG Sent: Wednes ay, June 26, 2013 8:10 PM To: Richard Kahn Cc: J Epstein; Richard Barnett Subject: Fwd: JB Henderson Attachments: AR Aging, 6-26-13, 7-17 AM.pdt Untitled attachment 00043.htm Rich It seems JBH have not r=ceived payment Brice Gordon St=nley, NM 87056 Ph <=iv> Begin forwarded message: From: Dorian Atwater «mailto: Date: lune 26, 2013 1:55:18 PM M=T To: "Brice Gordon Subject: FW: JB Henderson Good afternoon Brice, I'm sorry to inform=you that Henderson Const. is not able to continue to support your eff=rt regarding the Cooling Tower work. Per this e-mail below from Richard, we have as of today 6/26/13, not receive any monies as Richard refers to. <=:p> Ironically this morning I w=s reviewing my A/R, which I've attached a copy of Henderson'= AIR log dated this morning, at 7:17 AM, MST. When I reviewed my AIR and seen that we had not received this draft, I had also left a V/M for Ric=ard as noted at 7:15 AM, MST, this morning. EFTA_R1_02104225 EFTA02707143 I apologize for the inconve=ience that this may cause you, but I've been instructed buy Henders=n owners, that we cannot continue to support Zorro until we are made whole regarding our A/R. As another stipulation going forward, onc= we are made whole, we need to have a plan in place with some type of guara=tee of payments, at a minimum of 30 days or less from invoice date. <=:p> I hope you understand and l=ok forward to any questions that you might have regarding this matter. Sincerely, Dorian From: Richard Kah= Sent: Friday, June 21, 2013 3:33 PM To: Dorian Atwater Subject: Re: JB Henderson please check with your bank as i sent 8,827.25 on 6/1=12013 after we spoke my commitment was that you would be paid within 30 da=s not 1 week - we should discuss ok to proceed with cooling tower work i keep trying to call you at and keep ge=ting busy signal can you please provide me with all your contact infor=ation thank you and have a nice weekend ps- i am free to talk anytime to resolve any other ou=standing issues monday from 9am - 6pm est Richard Kahn 2 EFTA_R1_02104226 EFTA02707144 HBRK Associates Inc.</=:p> r, New York, New York 10022 On Jun 21, 2013, at 8:52 AM, Dorian Atwater wrote: Good morning Richard, I wanted to follow up, as i= has been several days now since I sent the e-mail below, regarding credit t= Zorro and new balance remaining for overdue payment. Because I've not he=rd back from you, I'm somewhat unclear what the status is of your r=view and approval/disapproval of information that we have sent you and status if not approved, what issues are still unclear or if OK, status of p=yment? As we discussed last w=ek , I believe that your commitment going forward was to pay within a week f=r any outstanding invoices, it there wasn't an issue. Based on the below information regarding credit owed to Zorro, my expectation was=that because I've not heard back from you, that payment would be fo=th coming timely. If you could help me with s=atus of Henderson's proposed credit and final payment, so we can pu= this to bed and move forward. Also Brice has contacted He=derson regarding and scheduling cooling tower work at Zorro, but as we agre=d, and listed below as one of our conditions to continue to perform work for Zorro, Henderson would need your approval prior to movi=g forward with any new work. At this point I'm having our team pull=off moving forward on this project until we hear back from you. I'v= copied Brice on this e-mail, so I'm considering this is Henderson's formal notice that work on cooling tower projec= is at a stop. 3 EFTA_R1_02104227 EFTA02707145 Thank you for your immediat= response regarding both payment and approval to work on cooling project...=/span> Dorian <=:p> From: Dorian Atwater Sent: Monday, June 1=, 2013 3:16 PM To: 'Richard Kahn' Aaron J. Armijo Cc: 'bellaklein Klern'; 'Darren Indyke'; Aaron J. Armijo; Susan Sawyer; Jim Eichhorst; 'Brice G=rdon'; John Stroud; 'Zorro Ranch'; Jeanette Sanmann Subject: RE: JB Hen=erson Good afternoon Richard, I think we are down to the b=ttom of all the outstanding issues, per the attached Invoice and history.</=pan> It seems that there is a li=tle less credit from Invoice # 24102, as it seems that these invoices were f=r material purchased, ( please see Inv. 24102, Inv. Detail, (2 ea. items for a total of $152.76), and the 2 receipts from Home D=pot , totaling $152.76), and not for gas. We are also furnishing a new JB H=nderson Construction , Invoice & Payment History for your review also.<=span> If you agree with this info=mation, the total now due is $9,015.08, which should close out this final A=R. With this said, we should be able to move forward with what I have proposed as the new processes below, and implementation of=new and better communication between Zorro and JB Henderson Const .<=:p> Thank you Richard again for=all your help and time in this matter, along with looking forward to a rene=ed relationship between both parties. Please get with me if you h=ve any questions, otherwise we look forward to seeing this payment timely.<=span> 4 EFTA_R1_02104228 EFTA02707146 Have a great evening. Dorian From: Dorian Atwater Sent: Thursday, Jun= 13, 2013 10:25 AM To: 'Richard Kahn' =Aaron J. Armijo Cc: bellaklein Klei=; Darren Indyke; Aaron J. Armijo; Susan Sawyer; Jim Eichhorst; 'Brice Gordo='; John Stroud; Zorro Ranch; Jeanette Sanmann Subject: RE: JB Hen=erson Good afternoon Richard, First I want to thank you f=r your time and setting up and discussing areas of improvement needed by JB= for better communication lacking in the past with yourself and Zorro. I'm going to try an= capture what we took down as bullets to help moving forward to improve com=unication and processes. I am responsible 100% for all issues to date, and implementing immediately remedies to make corrections. I would=look forward for you to get with me in the future, for whatever the reason,=if we continue to fail in any of the areas listed from our conversation and=this e-mail with proposed processes. 2. &=bsp; <=pan style="font-size:11.0pt;font-family:"Calibri","sans-se=if";color:#1F4970">Regarding your inquiry for Cottage Sink charge of $643.67, as we discussed we have us=ally an average of 2 hours travel, so this subtracted from this $643.67 is t=e real cost for this work performed. For this remaining cost, for the work p=rformed, our tradesperson was requested by Brice to perform a task, which took less than a day to acc=mplish, so while already on site, we were requested to change out a d=sposal and I believe a faucet on the sink in cottager Sink, as we were alre=dy on site, and as we discussed yesterday, we need to be very cost effective when we travel 2 hours to perform work an= not having to make several trips with a 2 hour charge for each trip to per=orm work. So we performed this addition work while was more that the origin=l task. 4. &=bsp; <=pan style="font-size:11.0pt;font-family:"Calibri","sans-se=ir;colortilF497D">Going forward, as discussed and agreed to by yourself and myself, prior to beginn=ng any work in the future, the following sequence will be maintained on any=project from cradle to grave so to speak; 5 EFTA_R1_02104229 EFTA02707147 b. &=bsp; An estimate will be sent to Mr. Gordon, along with yourself, to cover ei=her a Lump Sum or a T&M cost NTE estimate for SOW as requested by Mr. G=rdon. for review/ approval, negotiation, but work is not to be performed wi=hout your approval only. 5. &=bsp; <=pan style="font-size:11.0pt;font-family:"Calibri","sans-se=if";color:#1F4970">We did not work out process for emergency work to be performed if time is a pr=ority, so if you could forward your process so we have as a part of our pro=ess, approval and start of work, either immediately per Brice, or per appro=al process and by who, with back up of estimate? We did talk about this topic , this morning, but I4>=99m not sure I came away with a good understanding of what the process is i= case of an emergency, if you could clarify? 7. &=bsp; <=pan style="font-size:11.0ptfont-family:"Calibri","sans-serif";color:#1F4970">Per our phone conversation this morning, along with Aaron's e-mai., we are approved to move forward with Brice's request to respond t=is morning, regarding pump issue. Along with your approval of this em=rgency work this morning, this work will also include a sub performing work, we have your approval to start work on the Cooling T=wer replacement, in about a week or so, which you have our quoted price whi=h is a T&M not to exceed. 8. &=bsp; <=pan style="font-size:11.0pt;font-family:"Calibri","sans-se=ir;colorit1F497D">Also per this morning's conversation, we will be forwarding an invoice f=r work preformed as requested by Brice, for June 12th, to furnis= a camera to do research on the inside of existing duct, to include rental o= camera. I'm not sure that I=have covered all points discussed, but if not please get with me and 4.99I1 modify as needed. If I have miss stated any points mentioned, please also get with me with your comments so I can better explain, modify,=or you better understand and do not take issue with. Thank you again for our ver= fruitful conversations and your time in these matters, moving forward with=a very much improved relationship/communication! Have a great day and look f=rward to your response/s. Dorian <=:p> From: Richard Kahn Sent: Wednesday, Ju=e 12, 2013 12:23 PM To: Dorian Atwater;=Aaron J. Armijo Cc: bellaklein Klei= Subject: JB Henders=n Attached is summary deducting gasoline expense and ma=kup as we discussed Please review and upon your approval I will wire fund= immediately (today or tomorrow) 6 EFTA_R1_02104230 EFTA02707148 In addition i have attached Bella Klein on email who h=ndles all of our accounts payable Her tele hone is Please send all i=voices to an email we share: I am glad that we worked thru our issues yesterday an= looking forward to moving forward with our new understanding.</=> Thank you again for your time. Richard Kahn HBRK Associates Inc.=o:p> New York, New York 10022 Begin forwarded message: From: Date: June 12, 2013 11:38:19 AM EDT</=pan> To Subject: Message from KMBT_C253 Reply-To: This message originates from J.B. Hende=son Construction Company, Inc. It contains information, which may be confid=ntial or privileged, and is intended only for the individual or entity named above. It is prohibited for anyone else to disclose, copy, d=stribute or use the contents of this message. All personal messages express=views 7 EFTA_R1_02104231 EFTA02707149 solely of the sender, which are not to be attributed to J.B. Henderso= Construction Company, Inc. and may not be distributed without this disclaimer. If you received this me=sage in error, please notify us immediately at www.jbhenderson=com <http://www.jbhenderson.com> and destroy the document. Thank you for your cooperation. This message originates from J.B. Henderson Construction Company, Inc. It co=tains information, which may be confidential or privileged, and is intended=only for the individual or entity named above. It is prohibited for anyone e=se to disclose, copy, distribute or use the contents of this message. All p=rsonal messages express views solely of the sender, which are not to be att=ibuted to J.B. Henderson Construction Company, Inc. and may not be distribu=ed without this disclaimer. If you received this message in error, please n=tify us immediately at www.jbhenders=n.com <http://www.jbhenderson.com> and destroy the document. Thank you for your cooperation. =/html>= 8 EFTA_R1_02104232 EFTA02707150