Ref no: CC/269/LW/A1
Kind Attn: Lift Contractor
Project: 2B + G + 14 + Lower Roof Hotel Building
Plot No.: 373-1297 at Barsha, Dubai
Subject: Lift contract draft reviewed by main contractor and comments attached for required clarification by the supplier.
| S.no | Comments from Chirag Contracting LLC as per main contract between client and Chirag Contracting LLC | Chirag Contracting LLC review and comments to be clarified and amended/deleted by the lift supplier | Remarks |
| 1 | Soft copy of draft agreement is required | Not provided/ received | Request to release soft copy |
| 2 | As per Chirag agreement 70% cost of the material delivered at site to be paid to sub-contractor as shown in Appendix to Form of Tender page 6/20 | In draft agreement 70% of the contract value it is mentioned after delivery of material | In your letter ref.NI16-026 attached matrix client accepted your terms of payment so correct in the contract draft where ever is mentioned 75% of actual cost of material delivered to the site with Clause 60.1 to be amended as per your agreed payment and terms that is “70% of contract value on material delivered at site” |
| 3 | DLP for the lift supplier must be 24 months (730days) as per main contract | In draft document at many pages it is mentioned as one year only | Need to be correct in contract draft document wherever it is written as 12 months in draft document |
| 4 | Chirag contracting retention will be held 10% for the first year with bank guarantee and 2nd year with 5% guarantee check | In draft agreement it has been mentioned 10% to be released by the main contractor after handover against bank guarantee | Main contractor will not release 10% based on bank guarantee, to be received according to main contact terms and conditions as well as retention will be held in the final invoice at the time of lift handover |
| 5 | For the main contractor defect liability is 24 months so the warranty by the supplier supposed to be for 24months | In the lift draft contract agreement it is mentioned that warranty is for 12 months after handover of the lift | Kindly review for warranty period from the date of handover and that will be 730 days or two years from the date of BCC or TOC |
| S.no | Comments from Chirag Contracting LLC | Our comments for draft agreement provided by you | Remarks |
| 6 | Main contactor have the objection for the item mentioned in the “ownership of the material” under commercial terms and conditions | In your draft agreement it is mentioned under item 7 “ownership of material” he can dismantle the lift if any dispute. The supplier reference on this latter NI16-026 dt 24th May 2016, since in item no 7.4 in your attachment the main contract clauses to be referred as well as the settlement of dispute as per main contract between client and Chirag Contracting LLC | Not acceptable, this Clause N0 7 written in terms and conditions needs to be deleted as you have agreed in attachment with ref: NI16-026 |
| 7 | Response time for maintenance after reporting the fault must be recorded. | In the draft document it is not mentioned | We need response time to be mentioned that any fault to be attended within 1- 2 hours |
| 8 | Main contractor wants the lift supplier to attend weekly meeting | It is not mentioned in the draft agreement | Please make sure that you will attend weekly meeting |
| 9 | Main contractor will watch and ward for the packed material only, not responsible for inside content. | Supplier is responsible for any missing component if it is not available inside packing | Supplier should prepare check list |
| 10 | Defect free handover at the time of TOC | Supplier should make necessary protection to avoid any defect or scratch | At the time of hand over no scratches in the lift area. |
| S.no | Comments from Chirag Contracting LLC | Our comments for draft agreement provided by you | Remarks |
| 11 | Defect liability period for the sub-contractor should be started from the BCC or from that of TOC | The date of starting of DLP must be mentioned from BCC or from TOC | Need to be discussed with customer and need to be mentioned in this agreement |
| 12 | 30mm Floor Finishing margin to be provided to accommodate the marble flooring if client or ID required to fix stone flooring | In the draft agreement you considered only 10mm recess for the polished Porcelain tile as well as you have also mentioned durable vinyl tile which is unconfirmed by anyone | CC has no objection if ID or client can confirm/accept the 10mm recess but the tile thickness itself is 10mm sometimes |
| 13 | The payments to be released on the back to back basis ,main contractor will release the approved invoice amount after receiving the claimed invoice payment from the client | Your draft agreement term and condition that invoice payment to be released in 45 days and after that the supplier can issue 14 days’ notice to the contractor prior to stop the work | We only agree back to back payment |
| 14 | Amount of penalty which you agreed 500 per day and max 10% of the contract value subject to the main contractor schedule will not be followed from delivery to execution and final handover | This is mentioned in your attachment in this letter ref: IN16-026, same to be incorporated and included in the contract document wherever it is not mentioned | This letter with the attachment which is partially accepted will be considered as part of the contract document |
| 15 | Penalty for delay payment. Penalty clause to be included if sub-contractor agreement which is agreed in attachment will delay in delivery of the material or delay in execution as well as supplier is asking 18% interest if there is any delay in payment for more than 15 days | Add the penalty clause as per day 500AED and maximum 10% but delete the interest of 18% per annum due to delay in the payment. | Kindly include penalty per day and main contractor had not agreed 18% interest |
