Our Ref: xxx
Date: xxx
To : xxx Middle East,
P.O.Box xxx,
Dubai – UAE.
Attention : Mr. xxx
: Project Manager
Project : xxx Towers Project, Dubai
Subject: Delay in Snag Rectification
Dear Mr xxx,
We are in receipt of your letter No xxx dated 05 July xxxx with Subject “Delay in Snag Rectification “and we hereby record our response as follows.
We do not agree with the statement that we are not attending to Pod snags in the past few days. Xxxx has not received any outstanding snag list or AQCR/SQCR regarding the same to allow Xxxx to take such action.
The only outstanding snags as recorded through AQCR/SQCR, PQA have been received three days ago on 03 July xxxx vide Main Contractor letter reference xxx (Appendix D of TOC). however, none of the snags recorded in this snag list has any relation to Pod works, and all recorded snags are related exclusively to the scope of the Main Contractor (Please refer to our letter (w) dated 05 July xxxx).
We reiterate that we are ready to attend to any outstanding snags relating to our scope of works, however to do so, and to deploy the necessary labour, a detailed snag list has to be provided to us based on which we can plan and take appropriate action. Similarly, a list of damages and abortive works has to be defined and agreed upon to allow us to plan accordingly.
On the other hand, we again urge you to remedy your defaults and release our payment for approved, certified and invoiced works which has now been overdue for over two years and which the Main Contractor has intently failed to release despite numerous notices.
If the Main Contractor still opts to unilaterally engages 3rd parties to perform un-recorded, unspecified or any other abortive works inside approved Pods despite our confirmation above of our express intent to attend to such snags when received, while at the same time still forcibly refusing to make payment for works already certified and invoiced over two years ago, then all liability, cost, damages and delays of such actions shall be solely on the Main Contractor.
We further notify you again that any unsanctioned and unsupervised works inside approved and certified Pods shall lead to voiding of the warranty of such Pods.
Finally, we are available to meet with you to resolve this issue amicably in the presence of the Engineer at your earliest convenience in next 14 days in accordance with our Subcontract Agreement. In the meantime, our agents will be present on site to coordinate the receipt of any snag list, or to record ongoing damages to Pods.
We again reserve our right to take any action against you until such time as our long overdue payment for completed and fully certified works has been released in full. We equally reserve our right to suspend the execution of the Sub‐Contract Agreement until full payment of our outstanding dues in reference to Article 247 of the UAE Civil Code and/or to terminate the Sub‐Contract Agreement in view of your uncontested and unjustified default pursuant to Article 272 of the same Code.
In the same line, Xxxx will not be held liable for any direct or indirect impact on the site progress and work completion. These liabilities reside with XXXX.
All our rights are reserved.
Yours faithfully,
On behalf of xxx LLC
xxx
Project Manager
