Our Ref: xxx
Date: xxx
To
xxx Contracting Company LLC
P. O. Box xxx, Dubai, U.A.E.
Attention : Mr. xxx, Senior Project Manager
Project : xxx Tower, Dubai – U.A.E.
Reference : a) xxx dated 15 December xxx
b) xxx dated 14 January xxx
c) xxx dated 28 September xxx
Subject : Response to Design Guardian Site Observation Report No. xxx
Dear Sir,
We are writing in response to your letter ref: xxx dated 27 February xxx and we fundamentally reject the allegations of serious issues in terms of pod finishes quality, especially when such finishes relate to materials supplied by the Main Contractor.
First, you are referring to your previous letter ref: xxx dated 02 January xxx which was already replied by M/s xxx (Contractor Name) via letter ref: xxx dated 14 January xxx and our response remains valid.
Second, you are requesting us to comply with the requirement mentioned in the site observation report ref: xxx and generally stating to initiate corrective actions, while disregarding earlier replies which are again recorded point wise below.
- Repeat tile pattern across a number of master showers. Commented several times to vary and rotate tile types, this has been disregarded.
M/s xxx (Contractor Name) response: This matter was already clarified in our previous letters referenced above and we again remind you that when it comes to features wall tiles at shower area, the tiles are received from M/S XXX (CLIENT NAME) in a single tile pattern and M/s xxx (Contractor Name) has maintained randomness by rotating this tile whenever possible taking into consideration all other installation aspects including tile dimensional tolerances and lipping.
M/s xxx (Contractor Name) implemented the pattern distribution to its best possible and nothing further can be done in this regards.
- Tile lipping in floor tiles in several pods is unacceptable as previously commented.
M/s xxx (Contractor Name) response: We again reiterate that the lipping is a direct consequence of cupping/bending in the tiles procured and supplied by the Main Contractor.
M/s xxx (Contractor Name) has raised its concerns on the quality of the supplied tiles since the first delivery and we have issued several quality reports to the Main Contractor in which cupping/bending and other issues relating to general dimension tolerances of the tiles were highlighted. You can refer to letters ref (a) & (b) above.
We have also already notified the Main Contractor that the varying differences in bends and undulations can even be observed in these tiles when selected from a same box. We further remind the Main Contractor that his own tile supplier has executed a mockup wall at the start of the project which has demonstrated very clearly for all parties that lipping is unavoidable using the available tile tolerances and the staggered design of floor tiles is highlighting more the undulations and lippage.
M/s xxx (Contractor Name) is delivering the best product quality possible based on the quality of tile materials delivered by the Main Contractor and no amount of workmanship can rectify bends and dimensional variances in the tiles.
M/s xxx (Contractor Name) is taking all possible measures to ensure that tile lipping remains as close as possible to the tolerance allowed by the project specification and international standards. However, we will not accept under any circumstance to be made responsible for any consequence resulting from the Main Contractor’s selection of tiles.
- Incorrect tile batch/color in number of locations.
M/s xxx (Contractor Name) response: M/s xxx (Contractor Name) has notified you earlier via Email dated 14 October xxx (appendix 1) and quality report no. QIR-la vie-006 (appendix 2) that tiles procured by the Main Contractor and delivered to M/s xxx (Contractor Name) within the same batch are having color variation that is only becoming noticeable after grouting.
You have shared with us your supplier justification after he visited our factory and inspected the delivered tiles and he confirmed via Email (appendix 3) that there are no shade variation according to him and that such color variation is being observed only due to the artificial light and will not be observed once normal lighting is installed.
M/s xxx (Contractor Name) has responded on 14 November xxx (appendix 4) to your Email and to your supplier clarification by clearly informing that we will continue using the tiles and that any objections at a later stage will not be acceptable since you had no objection to your supplier justification.
In conclusion, any comment related to the tiles color you have supplied is solely your responsibility and we are not responsible under any shape, way or form for its consequences.
- Tile grouting color variations throughout several pods- Commented a number of times and not resolved.
M/s xxx (Contractor Name) response: We have responded earlier to this matter and we took actions and rectified all the previously delivered pods to site.
We have observed that the grout color impact existed only when in contact with tiles type TL202, while no variation was observed with the same grout when in contact with feature wall tiles.
We will continue to monitor this issue and revert back to the Main Contractor if any further color impact is observed on site.
- Vanity, Cistern and washbasin edges require further chamfering in a number of pods – inconsistent workmanship:
M/s xxx (Contractor Name) response: M/s xxx (Contractor Name) engaged the specified supplier for marble, and we are overseeing the workmanship during his production process to the best of our abilities.
We have ensured that the marble of level 1 pods has been rectified where required and we will continue to ensure that any similar comment on upper levels pods will be also rectified by the specified supplier during snagging.
- Timber shelving – should be flush with wall in powder rooms. Exposed corners are damaged in several pods, to be replaced.
M/s xxx (Contractor Name) response: The shelves are being supplied to M/s xxx (Contractor Name) from the Main Contractor and timber shelving in powder rooms is as per the approved shop drawing (appendix 5).
Accordingly, this comment is a new requirement that will have substantial abortive works.
If you would like to proceed with this design change, as per the Engineer’s new requirement, please provide us a schedule for the delivery of the new shelves, and M/s xxx (Contractor Name) will subsequently revert back with associated costs and schedule for the execution on site such abortive works.
- Grouting at cisterns to be rectified in most pods.
M/s xxx (Contractor Name) response: This is a minor snag and the rectification is already ongoing wherever it occurred. Rectification is completed in level 1 and upper levels pods will be touched up the same way during snagging phase.
- Tile rectification above door- inadequate workmanship onsite- to be replaced in a number of pods.
M/s xxx (Contractor Name) response: We refer to our previous letter ref (a) & (b) and we again remind that as per the design and mockup comments, the maid room pods have a vertical joint and other pods have an L-shape tile above the door.
For pods that have an L-shape tile above the door, M/s xxx (Contractor Name) has raised concern during design on the potential breakage or this tile during transportation and handling and advised on having a vertical joint but the Engineer and the Client insisted on following the L-shape design.
During the mockup inspection, the same was also discussed and the comment received on the mockup pods was to make a trial for fixing tiles around door on-site to avoid additional joint/cut pieces and that for maid’s pods L-shape is not required.
We have monitored the tiles breakage in the delivery of the first 2 levels pods and we noticed that a concerning number of L-shape tiles were being broken as we have expected.
For this reason, the tiles for upper levels are being fixed on site with the exception of maid pods which are agreed by the Engineer/Client to have a vertical joint above the door area.
M/s xxx (Contractor Name) will aim to improve the quality of installing this L-shape tile on site as per the Engineer’s observation, we do however kindly ask the Engineer to be reasonably mindful of the inherent differences between tiling in a factory-controlled environment as opposed to tiling in an open project site.
- Shower drain cover grouting unacceptable in several pods.
M/s xxx (Contractor Name) response: This is a minor snag and the rectification is already ongoing wherever it occurred. Rectification is completed in level 1 and upper levels pods will be touched up the same during snagging phase.
- Level 19 Bathroom – wall tile lipping.
M/s xxx (Contractor Name) response: Please refer to our response to point #2.
In conclusion, M/s xxx (Contractor Name) has produced the delivered pods in full compliance with the approved design, approved drawings, and approved materials. Moreover, M/s xxx (Contractor Name) has made use of the Free Issue Material which has been supplied by the Main Contractor, the quality and compliance of which is under the Main Contractor’s sole responsibility.
Accordingly M/s xxx (Contractor Name) are under no circumstances responsible for any consequences arising from such quality of materials and we urge you to close out the site observation report and send us the close out document before 23 March xxx.
Additionally we request your quality engineer to visit our factory and inspect all the pods currently in stock or under production and approve prior delivering to site.
We also remind you that M/s xxx (Contractor Name) is an off-site manufacturer which produces pods in factory, delivers completed units to site, then raises and secures approval for each pod upon delivery of pods to site and prior to installation. While M/s xxx (Contractor Name) will address any snags which are raised at final stage and during handing over in accordance with the terms of our Sub-Contract, we will not accept any rejection at final stage for which initial approval has been received, especially when such rejection relates to tiles, or any other Free Issue Material supplied by the Main Contractor.
This is for your information and records
Yours faithfully,
On behalf of M/s xxx (Contractor Name) LLC
xxx
Projects Manager
