Calko Medical Center Loses Website Twice over Non-Payment, According to Court Documents

On June 27th, Harel Media Group filed a federal suit against The Marcal Group over breach of contract and non-payment of services. According to court documents case # 1:2014cv04015, the plaintiff, Rafael H. Harel, claims that a sum of $80,000 remains outstanding for services rendered for the Calko Medical Center, the $61 million dollar development of The Marcal Group.

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The Marcal Group

According to court documents, HMG had taken down the Calko Medical Center website again on March 20th, 2014, after the defendants Mark Caller and TMG failed to honor new terms of agreement which, was agreed upon in Sept, 2013

Brooklyn, New York (PRWEB) July 28, 2014

According to court documents, the conflict dates to November 2012, when Mark Caller, principal owner of The Marcal Group (TMG), met with Rafael H. Harel, principal owner of the Harel Media Group (HMG). A contract, as well a broad project outline, were agreed upon for the development of Calko Medical Center’s website, as well as branding services and marketing.

Though Caller continued to express satisfaction with the work completed by HMG throughout the course of the project, praise was not accompanied by payment. The finished project was delivered in May of 2013 as well as an invoice for the work totaling approximately $95,000.00, according to court documents.

According to court documents, the plaintiff, HMG, took down the Calko Medical Center website for the first time in August 2013, after months of failed attempts to obtain or negotiate payment with Mr. Caller and TMG.

According to court documents, the website was restored one month later, after new terms were agreed upon: Caller would make an immediate payment of $10,000, and agree to a binding valuation from any of three businesses chosen by HMG that provide services in scale in; branding, customization, expertise, and professionalism. As per the renegotiated agreement, Caller agreed the valuation would be binding.

In court documents, the plaintiff, HMG claims that aside from receiving a total payment of $15,000 thus far (retainer plus first payment installment), the defendant has denied further payment and refused to abide by the original contract agreement, as well as the renegotiated agreement, which had been confirmed by Caller in October 2013.

According to court documents, the plaintiff alleges that the defendants Mark Caller, and The Marcal Group has sought to reduce the contracted fee for services following completion of the work, citing financial difficulties, and stating that HMG was fortunate to be given such a high profile project, which is payment in itself.

According to court documents, Harel Media Group has taken down the Calko Medical Center website again on March 20th, 2014, after the defendants Mark Caller and The Marcal Group failed to honor new terms of agreement which, was agreed upon on September 2013.

According to court documents, the plaintiff, Rafael Harel sought mediation assistance from the Rabbi of the Brooklyn Jewish Experience (BJX), an organization at whose functions both parties were introduced too and talked business. Although the Rabbi was sympathetic to Harel’s claims, he was reluctant to mediate a dispute involving Mark Caller, a main benefactor of the organization.

When all attempts at mediation proved ineffective in resolving the years-long dispute, HMG proceeded to seek counsel with Barry M. Krivisky, an attorney with 4 decades of experience litigating for Phillip Morris, and to file suit in federal court against Mark Caller and The Marcal Group. The case is awaiting trial.


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Attachments

HMG V. The Marcal Group HMG V. The Marcal Group

Lawsuit Filed In Federal Court