Reply – Completion of Defects Liability Period

M/s xxx Properties LLC

P. O. Box xxx, Dubai, UAE

Tel: xxx

Fax: xxx

Attention:         Mr. xxxAssistant Manager – Commercial          

Project:            (G+23) Building 4 Nos. in Dubai

Subject            :  Completion of Defects Liability Period

Dear Engr. Ahmed,

We acknowledge receipt of your letter reference xxx dated 1^st October xxx in response to our letter reference xxx dated 22^nd September xxx addressed to M/s xxx regarding the above referred subject and would like to inform you that we disagree on your statement that our request to release the retention money after the DLP period is not correct.

Please allow us to clarify the basis of our statement on our aforementioned letter as follows;

1. Appendix to the General Conditions of the Work Order states that the Defects Liability Period is 90 calendar days.
2. Clause 22 (a) states that “the Defects Liability Period stated in the Appendix to General Conditions shall commence on the date of the substantial completion of the whole of the works stated in the Taking-Over Certificate”.
3. Clause 21 (a) states that “When the Contractor is of the opinion that the whole of the Works have been substantially completed, the Contractor may request in writing to the Engineer, with a copy to the Employer, to issue the Taking Over Certificate for the Works. Within 21 days of the receipt of the written request, the Engineer shall issue a Taking-Over Certificate”.
4. In compliance to Clause 21 (a), Xxx (Name of the Subcontractor) Interiors has submitted a written request to your good self to issue the Completion Certificate via our letter dated 9^th August 2015 (copy attached), which we never received any reply from you.
5. Clause 24 (j) states, “Upon the issue of the Taking-Over Certificate with respect to the whole of the works, the Retention Money shall be certified by the Engineer for Payment to the Contractor”. However, despite our written request to issue completion certificate, we did not receive any reply.

In view of the above items 4 & 5, and considering that there is no response from your side regarding our written request for Completion Certificate, it is just fair and reasonable for Xxx (Name of the Subcontractor) Interiors to assume that our completed works has been accepted. Moreover, we are still responsible to carry out any rectification that may be required from us during the course of the Defects Liability Period, which shall be completed by 15^th November 2015 as stated on our previous letter.

This is for your information and necessary action.

Thanks & regards,

For Xxx (Name of the Subcontractor) Interiors LLC:

xxx

Commercial Manager