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.

Subject                 : RE- Compliance to NCR & site instructions

References         : a) xxx dated 11 March xxx

  b) xxx dated 15 December xxx 

Dear Sir,

We are in receipt of your letter ref: ASCC/J-256/SCO-OUT/964/22 dated 24 April xxx regarding the compliance to NCR and site instructions.

We are stunned by the Main Contractor’s complete disregard to the fact that the only pending Design Guardian site observations relate to quality defects associated with the Main Contractor’s free issue materials. These materials are selected, procured, and delivered by the Main Contractor and the quality and compliance of such material is under the Main Contractor’s sole responsibility.

We invite you to refer back to our previous letters in which the root causes leading to the comments issued by the Engineer are clearly detailed and highlighted.

M/s xxx (Contractor Name) will not be responsible for the continuous unwillingness of the Main Contractor to address the quality observations made by the Engineer on the Main Contractor’s material or the consequence of the use of such material, both of which are a prerequisite to the close out of these SORs.

We urge you again to address constructively with the Engineer the pending observations relating to the tiles you have supplied, and specifically tile type TL-202.

Withholding payment while attempting to shift liability of the quality of your supplied material onto M/s xxx (Contractor Name) is a breach of our Subcontract Agreement to which we fundamentally object.

Yours faithfully,

On behalf of M/s xxx (Contractor Name) LLC

xxx

Projects Manager