Undertaking Letter

Instruction to stop production of pods

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:                Instruction to stop production of pods

Reference: a) M/s xxx (Contractor Name) Letter xxx dated 12 December xxx

                    b) M/s xxx (Contractor Name) letter xxx dated 12 December xxx

Dear Sir,

We are writing to you following our previous letters referenced above dated 12 December xxx to inform you that as per our understanding from your previous communications, your instruction was to stop production in the last 70 pods only, out of which 67 pods are not tiled and 3 pods are only floor tiled.

However, following our phone conversation on 15 December xxx, you have informed us that the production must stop for all pods in factory until further notice.

Accordingly please note the current status of the 261 pods for your project is as per the distribution below:

S/NDescriptionQuantity of PodsRemarks
1Pods delivered to site82 
2Pods in stock ready for delivery18The marble used in these pods are the same as the one that is being rejected on site by the Engineer.
3Pods fully tiled and under production9163 pods are completed and waiting for marble. 28 pods are in finishing stages.
4Pods with floor tiled only3 
5Pods not yet tiled6719 of the 67 pods are not yet casted.
 Total261 

While you have not officially communicated what are the reasons behind the instruction to stop the entire production line, we must draw your attention that M/s xxx (Contractor Name) procurement of all material is already completed, and all the material has been received in factory. (With the exception of 14 pcs of linear drain alternative material for which the submittal is currently under the Engineer’s review).

We further draw you attention that if this instruction to stop production is a prelude to any design or material change which may be requested on the pods, whether these pods are already delivered, in production or for which material is already procured, this will lead to substantial abortive works in terms of pods and in terms of procured material available in our factory.

While the impact of such abortive works, if any, may potentially be assessed by M/s xxx (Contractor Name) for pods which are currently in our production line and their feasibility and cost implications communicated to the Main Contractor as necessary, we remind you that M/s xxx (Contractor Name) is an off-site fabrication facility and not a site sub-contractor, therefore it must be made clear no abortive works can be performed on site by M/s xxx (Contractor Name) for already delivered pods.

We confirm again that as per your instruction, the production of all pods is stopped effective 15 December xxx.

M/s xxx (Contractor Name) will await your next instruction to resume production and delivery of pods to site. The impact on the programme of production and delivery will be communicated to you once your instruction to resume production is received.

Yours faithfully,

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

xxx

Projects Manager

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