Our Ref: xxx
Date: xxx
To : xxx Middle East,
P.O.Box xxx,
Dubai – UAE.
Attention : Mr. xxx
: Project Manager
Project : xxx Towers Project, Dubai
Subject: Response – serious delays in delivery of pods due to Poor Quality of Vanity Marbles
Dear Sir,
We are in receipt of your letter xxx dated 15th April xxxx, subject “serious delays in delivery of pods due to Poor Quality of Vanity Marbles”.
We are astonished to receive this letter from you which does not reference or acknowledge our letter Ref. xxx dated the same day and on the same subject.
In reply to the allegations of delay
As clearly explained and detailed in our letter reference above, your statement, and what seem to be an ongoing narrative of XXXX that Xxxx is in delay do not reflect the realities of the site. As explained in our letter Ref. above and through supporting documents, the irregular pattern of deliveries, and subsequent impact on rate of deliveries to site, has been initiated by XXXX not by Xxxx as we have received instruction that floors have been put on hold, which has forced a re-shuffle of pod sequencing and has disrupted our production.
Additionally, the instruction issued by XXXX to change the colour scheme for tower C2 which was received on the 22nd of March xxxx has forced Xxxx to abort production on affected pods and further re-adjust sequencing and material supply chain. As informed through our letter Ref. above, please put in place your final sequence with our projects team, and we will advise accordingly on the revised tentative schedule. We remind you that the production of pods takes at least 15 days.
Current progress
Xxxx progress is fully in compliance with the program of delivery as we currently have over 130 completed pods available in factory (without marble for the reasons which we will go into below), these pods can be delivered immediately but are not being delivered as XXXX is choosing to hold the delivery of pods without the vanity top.
Furthermore, we record that as shown in the attached photographs for level 36, several locations are not ready to receive pods as prerequisite works by other subcontractors have not been completed.
Ongoing marble issues
Your statement “continuous failure to comply with the requirement of providing a Vanity Marble” is categorically rejected.
We have raised, and we have been continuously raising, our concern to XXXX in a transparent manner on the complete lack of consistency in the approval of the marble, the randomness of approvals by the Consultant and a complete disregard to industry standards. You may refer to our letter Ref xxx dated 16th March xxxx and previous correspondence on the subject.
We have also unceasingly raised our concern on the arbitrary process in place for approval of the marble and the unrealistic expectations of the Consultant, which are completely disconnected form what the PC rate of the marble allows for. This is dramatically impacting our ability to secure the marble for the pods.
The resulting effect of these ongoing rejections is that our current supplier Najmat Kashmeer who was providing the marble for a rate higher but close to the PC rate has now revised his prices and dramatically increased his rates. This further demonstrates that the contract PC rate is not adequate and not in line with the expectations of the Consultant.
Possible solutions
Xxxx has done all it can to resolve the issue of the marble. If XXXX believes more can be done the following options are available.
- Deliver the marble as a free issue item. We shall deduct the pc rate which is well defined in the Contract
- Nominate with the consultant another marble supplier who can match your expectations for approval whatever these expectations may be and we will abide by your selection.
We also are at your disposal to deliver the completed pods without vanity tops should you require the pods for subsequent activities. Alternatively, Xxxx will under no circumstance be liable for your unilateral decision to delay the pod delivery without marble and your ensuing choice to potentially delay your own subsequent activities.
In closing and in reference to our letter xxx we remind you again that XXXX is in default on due progress payments and accordingly, Xxxx will not be liable for any delay caused by your default on your contractual liabilities and reserves its rights for an Extension of Time (EOT) equivalent to the same number of days by which your payment is delayed, in addition to the 84 days of default on the advance payment (please refer to our previous correspondence on this matter) and all other EOT claims related to change of design, delivery of free issue material… etc.
Yours faithfully,
On behalf of xxx LLC
xxx
Project Manager
