DAMAGE/LOSS Report for Pods on Site: Tower 2, level 3 to 15 POD ceiling and mirror wall due to water leakage

Our Ref: xxx

Date: xxx

To                           : xxx Construction Engg. Corp. (Middle East) LLC

                                  P. O. Box xxx

  Dubai, U.A.E.

Attention            : Mr. xxx

Project                 : xxx – Zabeeel Second, Dubai, UAE.

Subject:               DAMAGE/LOSS Report for Pods on Site: Tower 2, level 3 to 15 POD ceiling and mirror wall due to water leakage.

Dear Sir,

We are in receipt of your letter ref: xxx dated 08November xxx in relation to the damages to pods at site and record our response as follows.

The statement made by your internal MEP team in your attached letter ref: xxx alleging that the various leaks on site, which have led to the damage of 21 pods, are coming from the PEX pipes installed within the pods itself is incorrect and non-factual.

Please refer to the official damage report ref xxx (appendix 1) submitted by Xxx and confirmed by the Main Contractor on site. This official record, signed by the Main Contractor states that the damage is due to water leakage from the Contractor’s MEP services above the POD, and is a clear and unambiguous acknowledgement from the Main Contractor of this fact.

In line with the above, Xxx has provided you on 01 November 2021 with a cost estimate associated with the repair of these damages to our pods which are the result of your MEP team’s above ceiling services.

It is disturbing that you have now elected to forward without any substantiation such a statement from your internal MEP team that is both totally unfounded and already acknowledged by yourself as incorrect. Such acts are biased, unethical, and unacceptable.

Moreover, quality control, testing, and the approval of PEX pipes installed within the pods has been provided by the Main Contractor’s quality control personnel prior to the installation of the pods.

We therefore again notify you that Xxx can only proceed with the rectifications of these damages once there is agreement from your side on the cost of the repair which has already been communicated to you.

While we are at your disposal to give you further information/breakdown of such costs, we will under no circumstance accept such a blatant attempt by the Main Contractor to impose these costs on Xxx when these damages are the result of his own MEP team’s services as officially recorded.

We further notify you that any delay in proceeding with these repairs will be at your sole responsibility and liability, and any attempt from your part to unilaterally undertake such repairs/alterations to any POD delivered by Xxx to site will by default void its warranties.

Xxx shall not be responsible under any circumstance for any delay or impact on project completion that results from such acts. This is entirely on the account of xxx.

Please do not hesitate to contact the undersigned if you require any further clarifications.

Yours faithfully,

On behalf of xxx  LLC

xxx

Project manager