孟律师:你好!
我叫霍文翔, Mega Canada Ltd. 合伙人之一。我们的案子属于Commercial Contract Dispute, 我们July 15, 2024给对方去信,大概情况如下。今上午收到他们答复,不愿意配合。您看如何处理?期待您的回复。谢谢!
Victor Huo (416-666-9969, vichuo333@gmail.com)
To Coville Consulting Inc.
Mr. Sean Colville, B.Sc., P.Ag., President,
Tel.: 905-935-2161, Ext. 101, Cell: 905-988-2283, E: Sean@colvilleconsultinginc.ca
432 Niagara Street, Unit 2, St. Catharines, ON L2M 4W3
Website: www.colvilleconsultinginc.com
Subject: Coville's Delayed Philip EIS Has Caused Huge Damages to Mega
Dear Sean and Ian,
Coville proposed to do the PHILIP EIS for Mega on Aug. 10, 2021, and two companies signed the Contract (herein referred as "CONTRACT 1") on Aug. 10, 2021, with the main conditions as below:
A. The retainer is $4,000.00, and it was paid to Coville on Aug 11, 2021.
B. Coville's proposed delivery date as "completed by approximately Aug. 15, 2022" (herein referred as DELIVERY DATE).
C. The full-service is defined a lump sum fee of $13,480.00, no hourly or any consulting fee indicated in CONTRACT 1.
D. Mega had given good credit to Coville and thought good for Coville, but one week before the DELIVERY DATE Mega emailed Coville, asking for the EIS Report, followed by at least 20 emails and phone calls since then in 2022, 2023 and 2024, no EIS draft and final EIS Report has been delivered to Mega. The copies of the communication by emails can be provided upon request.
E. Coville's delay has caused a huge damage to Mega project application and business since the end of 2022 and the lost has been expanded to today and tomorrow, evidence can be provided upon request.
F. Mega had still waited and thought of good for Coville until Dec. 11, 2023 when suddenly Coville sent Mega three unexpected and unacceptable invoices (herein referred to as INVOICES) of over $50,000.00:
a. The invoice (Iv#4208) of $25,903.94 for Philip EIS, much more over the contracted $13,480.00 without any discussion or request for more jobs for the EIS by an email, even a call to Mega for Mega's permission, no mention of delivery the long-delayed EIS.
b. The invoice (Iv # 3575) of $15,967.51 on Dec. 1, 2023, for Bernard EIS, only 42 days after The EIS Contract was signed, saying 45% of the jobs had been finished.
c. The invoice (Iv #4348) of $8,838.81 on Dec. 11, 2023 for Garrison EIS, which Coville has never proposed and Mega has not signed the EIS Contract at all.
G. Mega retained Coville's services concerned for the 3 lands in the Town of Fort Erie, ON, from early 2020. The full jobs are outlined but not limited in Coville's invoice (Iv #3575) on Feb. 8, 2021, were the following:
JOB1- Attend meetings with Client and Team
JOB2-Complete botanical inventories on three Fort Erie Properties
JOB3-Complete wildlife inventory on Garrison Road Property
JOB4-Communication with client, Planner, Region and Town of Fort Erie
JOB5-Attend site visit with team
JOB6-Prepare summary mapping for circulation to planner
JOB7-Project management Tasks
H. Coville finished above jobs with the invoice (Iv #3575) on Feb. 8, 2021, and the full $11,012.72 was paid after the final report was delivered to Mega on June 3, 2021. The cheque paid copy can be provided upon request.
I. Coville divided the Iv#4208 into two invoices, Iv#4212R for $10,967.51 for the contracted 70% jobs and Iv#4208 EX for $15,578.86 for an extra of jobs after receiving Mega's big questions.
J. Coville copied the jobs from JOBS 1 to JOB7 outlined above, finished in 2020, and put them into the INVOICES.
K. Coville requested two Zoom meetings and Mega attended the meetings in May and June 2024, followed by a long driving to Coville's office in St. Catherines also invited by Coville on July 9, 2024.
L. Mega still gave patience wishing to clear the misunderstandings at meantime has been pushing Coville to deliver the Philip EIS. On the contrary, Mega has been telling again and again by Coville no more job will be done if the full requested amount is not paid.
M. After reviewing the part of records kept in Coville's computer, Mega found Coville has done the jobs shown in the computer, but will not be provided the copies of the records.
N. Mega has asked Coville a few times to check the jobs included in INVOICDES with supporting documents, no positive response.
Based on the above facts and to prevent the situation from legal action, Mega suggests the followings:
1. Coville tries its best to provide the final revised invoices.
2. Coville provide all the supporting documents of the INVOICES to a third party like to Miss Hanieh Alyssia, the planner of the project from Weston Consulting Group Inc.
3. Once the final revised invoices are accepted, with the supporting documents received by the third party, the revised fee will be paid according to the conditions defined in the Amendment Agreement. read more