SH&E was engaged by Arik Int’l in May of 2008, to provide Program Management and Integrator services for five new delivery Boeing 777-300ER aircraft, ordered by Arik Air from Boeing and scheduled for delivery beginning in early 2011.
On August 2, 2010, Arik Int’l requested that SH&E suspend its work, due to Arik Air’s decision to defer all of its delivery slots for 777-300ER type aircraft with Boeing to dates beyond January 2016, until further notice, and it requested SH&E send it an invoice for all outstanding payments. The same day, SH&E, e-mailed Arik Int’l a detailed description of the total outstanding expenses and fees, equaling approximately 46 percent of the total fixed fee amount.
This amount remains outstanding today, despite extensive and repeated attempts by SH&E to obtain payment since February 2010, including multiple unreturned phone calls, emails, and a letter of September 10, 2010, from SH&E to Arik Int’l, informing it that the amount owed was still unpaid and warning Arik Int’l that it was in breach of its agreement with SH&E. On December 9, 2010, SH&E, through its counsel, sent a second letter to Arik Int’l demanding payment for the outstanding amount due. This finally prompted a response from Arik Int’l, through its counsel. By e-mail correspondence, counsel for Arik Int’l promised payment of a significant “undisputed amount” of the total outstanding expenses and fees owed to SH&E by January 10, 2011. However, SH&E has not received any payment as of the date of this filing. SH&E is unaware of any dispute surrounding the delayed payment and has made good faith efforts to obtain payment from Arik Int’l.
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