Complaint Review: Dynamic Industries Inc USA

Sometime in July 2007,I met the Senior Vice President Roger Westerlind of Dynamic Industries Inc in their Houston office.He actually informed me of his company desire to penetrate the Oil and Gas Industry in Nigeria and the rest of Gulf of Guinea comprising of countries like Angola,Equitorial Guinea,Gabon &Sao Tome Principe which are all rich in Crude Oil deposits.Nigeria being the largest producer of hydrocarbon in that zone is much sought after by all Extractive Industries Companies and Service Providers alike.

In the course of our meeting Roger Westerlind gave me the impression that his company has been trying to penetrate that lucrative market but with no luck.He informed me that in their haste to penetrate the market,they formed a Holding Entity with a local company Global Energy Company Limited on 30th March 2005 named GEC Dynamic Offshore Contractors West Africa Limited(Copies of the Shareholders Agreement and Joint Venture Agreement are in my custody)

In our first meeting,he painted the Directors of the Global Energy Company as unscrupulous business men and his ultimate desire is to liquidate the entity formed earlier in March 2005.During the course of our meeting Roger Westerlind solicited my help in liquidation of that entity and made a promise of 10% equity of a newly proposed local subsidiary that will be formed to myself and my backers in Nigeria,in the event that we are able to liquidate the present Holding Company (GEC Dynamic Offshore Contractors) between Dynamic Industries Inc and Global Energy Limited.In that meeting he gave me the form that we need to present to the Directors of Global Energy Limited to sign to liquidate the Holding Company(Copies of the two documents are in my custody)

Fortunately on April 19 2010.I was able to convince the CEO of Global Energy to sign the Liquidation documents (photocopy of the said documents are in my custody)I was given only photocopy because the Global Energy CEO claimed that Dynamic Industries Inc is owing his company some money which he expended in developing their business in Nigeria and until that money is remitted,he will not part with the original documents

Secondly,Dynamic Industries Inc noticing that the CEO of Global Energy Limited will give them a lot of trouble in Nigeria decided to set up a new local subsidiary called Dynamic West Africa Limited RC669477 on October 12 2006 (I have in my custody the Certificate of Incorporation).I was promised 10% equity of this company as soon as the former Holding Company is liquidated.Roger Westerlind surmised that his company cannot sign any agreement with another local company until the other entity is liquidated.

I began Business Development activities on behalf of Dynamic Industris Inc in the Nigerian Oil and Gas Industry shortly after that without any remuneration with the hope that 10% of the new entity to be formed will be ceded to me.

Dynamic Industries Inc is an Offshore Construction Service provider but in Nigeria,they do not have a Fabrication Yard for their operations.I decided to facilitate a Consortium Partnership with a local Fabrication Company called Grinaker LTA recently bought by some Nigerian Businessmen from the former South African owners.In May 2008 during the Offshore Technology Conference in Houston Texas.I introduced the Dynamic Industries Inc team represented by Roger Westerlind and Pascal Berthou to the Nigerian team represented by Akin Odumakinde and Tein George the current CEO.

January 28 2009,the Inaugural Consortium Partnership meeting between Dynamic West Africa Limited(DII local subsidiary) and Grinaker LTA took place at 10777 Westheimer,Houston Texas 77042.Dynamic Industries team was represented by Roger Westerlind,Pascal Berthou and John Manion and myself as the Country Representative in Nigeria while the Grinaker team was represented by Akin Odumakinde,Richard Gere and the company Commercial Manager.The agenda of that meeting was drawn by me and the meeting was convened by my humble self.

The Consortium Partnership between Dynamic Industries and Grinaker LTA is fully committed to local capacity building and technology transfer. As part of the strategy towards the realization of this objective, DII will be investing in the local economy as well as partnering with local companies for full realization of the Local Content Policy push of the Federal Government of Nigeria 

To the best of my knowledge the Consortium Partnership began in earnest to Bid for several Offshore Projects in the Oil and Gas Industry in Nigeria.Example;ExxonMobil-Etim Asasa Development Project(EADP),ChevronTexaco-Escravos Gas Project Phase 3B:Production Platform Modification-Installations,ExxonMobil-OCIPII etc.

Shortly after bidding for many of the aforementioned projects the appointed representative of Dynamic Industries in Nigeria Mr Pascal Berthou started behaving funny and from 2010,have been kept in the dark about Dynamic Industries activities and their Consortium Partners activities in the Oil and Gas Industry in Nigeria.

Recently I stumble on the information on Dynamic Industries Inc website (www.dynamicind.com) that they are operating in Nigeria and utilising the Grinaker LTA(now named Aveon Offshore)Fabrication Yard and also that Aveon Offshore (www.aveonoffshore.com) just won a contract to execute a project from Total Nigeria limited which we all knew they lack the capability to execute such project without any input from Dynamic Industries.I now reminded him that as the only facilitator of the Consortium Partnership that I need to be compensated(The e-mail can be provided at anytime)

Excerpts from the information gleaned from Dynamic Industries and Aveon Offshore website and was sent to Roger Westerlind of Dynamic Industry on February 2012 reads;

[{International Facilities-Port Harcourt, Nigeria}Dynamic Industries Inc utilizes the Aveon Offshore fabrication yard in Port Harcourt for offshore fabrication and support of our construction services offshore Nigeria. The yard covers 40 acres and has a fabrication capacity of 5,000 tons]

[AVEON Offshore Limited, a wholly owned Nigerian Oil & Gas service company ( formerly known as GRINAKER-LTA Construction Nigeria) has recently secured a contract from Eiffel Nigeria Ltd, the Nigerian subsidiary of EIFFAGE Construction Metallique for the fabrication of some major components of the LQ Platform for the TOTAL Exploration & Production Nigeria Limited OFON Phase II Project.Total Exploration & Production Nigeria Limited had earlier awarded an Engineering Procurement Construction and Commissioning (EPCC) contract for the OFON Phase II OFQ Living Quarters Platform to EIFFAGE Construction Metallique/Eiffel Nigeria Limited.The AVEON Offshore contract, valued in excess of $50million consists of the fabrication and load-out of over 3,000 Tons of shallow water structures including the OFQ Jacket, Piles, Utility Deck and Helideck.

I decided to send a mail to Mr Roger Westerlind February 23 2012.Shortly after that the Dynamic Industries website was edited by removing all the information pertaining to Nigeria and the email was ignored.I sent another follow up email on March 01 2012 when I noticed that their website was edited that deleting every information about Nigeria and their purported relationship with Aveon Offshore is admittance of guilt but will be admissible in court except he will like to be charged for perjury.

Earlier after noticing the funny and exploitative behaviour from their representative Pascal Berthou.I decided to ask for compensation from them since May 2010 for services rendered and Roger Westerlind of Dynamic Industries gave me the assurance that as soon as they are awarded contracts in Nigeria, all my compensation will be paid and when they reneged on that agreement my solicitor in Nigeria Alpha Partners wrote the company on May 17 2010 about the purported determination of Agency Relationship between the two parties and when we didnt get a good response.The lawyer advised that I should go to United States and file a Lawsuit against Dynamic Industries Inc

Furthermore,I contracted another lawyer in Houston Texas Salinas Law Firm who on May 07 2011 sent a Demand Letter to Dynamic Industries Inc for the sum of USD5.495Million covering my services for Dynamic Industries Inc in Nigeria.The total amount includes but not limited to the services provided between July 2007 through April 2010 being a total of 33 months at $15,000 monthly salary agreed after take off of the Lagos office cumulative $495,000 for 33months.Plus the $5,000,000.00 monetization of the previously agreed 10% Local Subsidiary to be ceded to me for services rendered which includes but not limited to the Facilitation of Consortium Partnership between Dynamic Industries Inc and Grinaker LTA(Aveon Offshore);Liquidation of existing Joint Venture and Shareholder Agreement(GEC Offshore Contractors West Africa) between Dynamic Industries Inc and Global Energy Limited by procuring the signature of Chairman/CEO of Global Energy Limited;Procurement of STR Visas and Work Permits for Dynamic Industries Inc representative Pascal Berthou with my Expatriate Quota at the Nigerian Immigration Services(NIS);Supportive role in the registration of Local Subsidiary(Dynamic West Africa Limited) at Nigeria Department of Petroleum Resources and other business development activities

Dynamic Industries Inc since June 2011 has been frustrating our efforts in filing a Civil Lawsuit in the States of Texas and Louisiana against them.Recently I decided to meet another lawyer based in New York who advised that if we can establish a relationship between Dynamic Industries Inc and any New York based company,we could actually file a Civil Lawsuit in a Federal Court in the State of New York.

Thankfully we have been able to establish a relationship with a company based in New York.Further details can be provided.