Pending issues and Draft Schedule

Our Ref: xxx

Date:

To

xxx Contracting LLC

P. O. Box xxx

Dubai, U.A.E.

Attention            : Mr. xxx, Group Procurement Manager

Project                 : xxx Phase 2

Subject                 : Pending issues and Draft Schedule

1. M/s xxx (Contractor Name) letter ref: xxx dated 9 August xxxx.
2. M/s xxx (Contractor Name) letter ref: xxx dated 9 August xxxx.

Dear Sir,

The aim of this letter is to address the current pending issues affecting the start of production, estimate a date for closing these issues, and then submitting a delivery program conditional on the resolution of these issues.

Pending issue 1: Approval and delivery of “Ancona Smoke” tile

• We refer to our letter Ref. (a) above, and we remind you that following multiple requests M/s BGC has still not provided M/s xxx (Contractor Name) a copy of the Contractor Material Submittal #MT‐AR‐208 referenced in the Engineers comments on M/s xxx (Contractor Name) material submittal # PDLM-MW-UNP-MT-AR-00393 rev.2 dated 4-08-xxxx. A copy of this document is required to allow us to comply to the Engineer’s comments and to revise our submittal in relation to “Ancona Smoke” wall and floor tile.
• The official delivery lead time provided by M/S Home Items is 6-8 weeks from the date of material approval. However, we have received today from M/s Home Items information that a shipment of “Ancona Smoke” tiles is expected to arrive to port on 29 August xxxx. Once this batch of tiles clears customs (expected 4 to 5 days), we will submit three samples for approval.
• If these are approved, we can start production thereafter. Our minimum production cycle will be 14 to 15 days.

Pending issue 2: Bathtub drain location

• We refer to our letter (b) above, and we remind you that we are still awaiting confirmation on whether M/s BGC will rectify the slab cut-outs on site to match the bathtub drain alignment as advised by the Engineer or will implement any another remedial solution as this will impact the location of the bathtub drain socket within the POD base.
• As explained before, the drains falls under the early stages of production and thus we cannot start casting the POD bases without this confirmation.

A draft delivery schedule

Based on the above, and subject to the following assumptions and conditions, we have prepared the attached schedule which is conditional upon the following:

1. An approval on the new samples of tiles is secured before the 05 September xxxx.
2. If the tiles fail to arrive for any reason beyond Unipod’s control or if the tiles do not match the expected shade/pattern and are rejected, then this program will no longer be applicable, and a new program will be subsequently mutually agreed.
3. A confirmation from M/s BGC that the slab cut-outs on site are adjusted and aligned with the bathtub drain in accordance with approved shop drawings rev_0 dated 23-06-xxxx as stated above and highlighted in letter Ref (b).

M/s xxx (Contractor Name) did, and continues to do, all what can be realistically done to speed up the execution. However, in light of the past and current circumstances, the attached program is the best that can be achieved.

If this program does not meet your expectations and it is not mutually agreed in accordance with Clause 7 of our Subcontract Agreement, then we will have to meet at the management level and decide on the fate of this project and relationship.

Yours faithfully,

On behalf of xxx LLC                                                                      

xxx

project Manager