[Fredslist] a "green" friend needs legal advice

Paul Haight-Moulins paul at rakowgroup.com
Tue Nov 24 12:26:29 EST 2009


Dear Gothamites

Please read the message below. A friend of mine needs help in this matter.

Thank you in advance. He's a good guy.

 

Best,

Paul

 

Hi Paul,

 

Thank you in advance for any thoughts you may have on this matter. 

 

For over three years I have worked with a wind company in Kitchener, Ontario
creating opportunities in the states for them to

sell Indian made turbines.  After numerous project attempts, we finally
found a project which utilized their turbines on a site

in Boston. 

 

In the event of a sale I received an email indicating the President would
compensate my company at the rate of 2% of the value of the

turbines. We had also verbally agreed to this arrangement. The project is
now up and running as of last summer and I sent

an invoice in September.  The President has to date not paid.  In November
he sent a "Full and Final Release" document which

stated he would pay 26.6% of the fee. Aside from the low offer, the document
obligated only me and did not say when, or how the company 

would pay my company.  Several days later, I wrote him a counter offer,
suggesting we split the fee down the middle and be done with it.  

Neither he or his controller responded. 

 

At this point, it is clear he has no interest to honor his commitment to my
company. I have never filed a complaint or sued anyone

so I am not sure what needs to happen and it is further complicated by the
fact that they are in Ontario, I am in New York State and 

the project is in Boston. 

 

Would you know if I must registered a complaint or suit in Ontario where
they are based or can it be handled down here.  Also should I consider 

hiring a Canadian attorney or an American?  I have been told there is an
arbitration board in Ontario which mitigates issues such as this before 

facing a court level, which I find appealing.

 

If you have any thoughts on this issue, or knowledgeable contacts in Ontario
I am all ears.  My contact information is described below.

Thanks again Paul and Happy Thanksgiving.

 

Best regards, Joe 

 

 

 

 

Joseph J. Graham
President
BlueSkyWind,LLC
10 New King Street
White Plains, New York 10604
(914) 949-2292
graham at blueskywind.com
www.blueskywind.com


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