Notice of misuse, damage & loss of materials on site
Our Ref: xxx
Date:
To
xxx Contracting LLC
P. O. Box xxx
Dubai, U.A.E.
Attention : Mr. xxx, Group Procurement Manager
Project : Design and Build of Coastal Village Residential Building.
Subject : Notice of misuse, damage & loss of materials on site
Reference: a) xxx dated 06 July xxx
b) xxx dated 06 July xxx
c) xxx dated 08 March xxx
Dear Sir,
We are in receipt of your letter reference: xxx dated 10 March xxx and we would like to inform the following:
First we note your acknowledgement to the damages occurred in pods on site by other subcontractors and we appreciate your confirmation that you will be taking all the measures to avoid such damages in the future.
Second, with regards to your advice to remove vulnerable fittings and accessories from the bathrooms pods and keeping it under our custody, we draw your attention that such action of removing installed fittings and accessories is not possible as confirmed by your MEP coordinator during the discussion on site because the testing and commissioning is ongoing which strictly require such items to be installed.
In addition, M/s xxx (Contractor Name) is an off-site manufacturer and such removal and installation site works do not fall under our normal practice so in case you require us to do so as part of your measures to protect the pods, kindly issue to us the same via a clear and official instruction and not as advisable opinion.
Third, with regards to your indication that our site team have been found inside a pod without taking the proper protection, we agree that such action is not acceptable and internal disciplinary action was taken against the involved members. However, such incident in 1 single pod that was also not found damaged doesn’t change the fact that the excessive damages and violations recorded in the damage reports submitted by M/s xxx (Contractor Name) (appendix 1) are totally not M/s xxx (Contractor Name) liability.
In addition to the damage reports, we are attaching in this letter a various recorded violations and misuse of pods by your subcontractors for your reference (Appendix 2) noting that your own site responsible Engineer has confirmed previously on the snagging and de-snagging chat group that your subcontractor is not working properly and misusing the pods leading to damaging our works (Appendix 3).
Fourth, we would like to remind you that earlier 2 pods were found damaged and the cost of rectification was submitted by M/s xxx (Contractor Name) on December 2021 (Appendix 4) but after following up for more than 2 months, we received an Email from your team (appendix 5) informing us that the work is no longer required. The pods were rectified on site without the knowledge, approval or even supervision of M/s xxx (Contractor Name) which is a clear violation to our works and a fact that BHC are allowing their teams or subcontractors to perform such actions.
In conclusion, it is very clear that the pods on site are being misused and the work is ongoing inside and around the pods without proper protection by your own teams and subcontractors. For that, we urge you to take all the necessary measures to avoid such damages and loss of items from the pods.
Furthermore, if you require us to do any rectification works or to source for any replacement for damaged and lost items, you are requested to instruct us to do so and we will be ready to support and proceed with the works once the related time and cost implications are mutually agreed. Otherwise, we request you to arrange the replacement for the lost and damaged items and we will support you with their installation whenever it’s possible.
In the end, M/s xxx (Contractor Name) will continue to support the Main Contractor and the project within our capabilities but we are not and shall under no circumstances be responsible neither for the misuse, damage or loss of items that occur on site nor for any delay that will occur to the work completion and handing over due to such damages, loss of materials and lead time required to arrange for replacement.
Yours faithfully,
On behalf of xxx LLC
xxx
project Manager