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RE: Contract Breach Involving Candidate
My Client: Vendor
Date of Breach: November 12, 2009
I represent Vendor in its claims regarding the above-captioned
contractual matter between your respective companies. This' letter concerns a certain contract
that was entered by your company with my client in October, 2009 concerning the placement of the above-identified Candidate in a subcontracted position placement pursued with the District of Columbia Government. My client hereby demands payment of compensatory damages and loss of expected profits of $xxx.00 for your company's breach of the aforesaid contract after intentionally and foreseeably inducing my client to act in justifiable reliance upon the subject contract with your company only to fail to perform according to your reciprocal duties thereunder.
As you are aware, Vendor (hereinafter "VENDOR") had a verbal agreement with you and affrmed directly by Ms. Candidate on or about October 12, 2009. You
collectively agreed that my client would work diligently utilizing their unique corporate expertise and contacts to place Ms. Candidate and her inimitable computer skills with a certain specified position as a subcontractor position with the District of Columbia Government. This contract called for VENDOR to pursue position advertised as #207308, in the job title/role of .NET Developer Level 3 for which your company was to be paid at the hourly rate of $xx.00 for forty (40) hours per week. This agreement was cemented and launched by your company and employee, Candidate, by executing and delivering an Exclusivity Agreement which by its own terms included a
corporate assurance that "(I)f selected we wil make him (sic) join this project surely." VENDOR oversaw the proper preparation and formatting of Ms. Candidate's resume' for submission, prepared the application and actually caused to be submitted an ,application for the position, placing the full weight of the VENDOR goodwill and reputation in support of the application, plus generally coordinating the interview and follow-up process with the Master contracting party. Since Ms. Candidate is in the United States pursuant to your company's sponsorship on an H-1 B non-immigrant visa, your company has ironclad rights to substantially all of Ms. Candidate's work product and expertise delivery in the United States. Her normal rights to contract her own employment services are limited, of course, subject to your company's superior rights to her services particularly where so many of her suitors are themselves marketplace competitors. So the authority over when and where Ms. Candidate was to work rested entirely with your company. On or about November 13,2010 when the position was successfully procured by VENDOR and ready for the placement of your employee (Ms. Candidate Candidate) in the contracted position, your company refused to deliver as promised and thereby breached the aforesaid subject contract. Your company, unfortunately, used the pretext of some other intervening contract for Ms. Candidate's services at a greater hourly rate as justification for the breach. This excuse provided no legal justification for the contract breach herein described. As a result of the aforesaid breach, VENDOR was denied the benefit of its own efforts in furtherance of the contract between your companies. In this regard, SRI was unjustly enriched to the detriment of VENDOR and VENDOR was denied its expected revenue of $xxx.00. This figure does not begin to compensate VENDOR for the harm suffered to its reputation within its relevant market for the failure to deliver that resulted from your breach herein. As such, VENDOR hereby demands payment of the entire $xxx.00 expectancy that it had under the said contract within twentyone (21) days of the date of this letter. Failure to tender the said amount as herein demanded wil leave VENDOR no option but to pursue all of the legal remedies available to it in this situation, including but not limited to a lawsuit to recover the identified damages
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