Main Contract Settlement Agreement / Rectification of Defects
To: xxx Constructions LLC
P.O Box: xxx, Abu Dhabi – UAE
Tel: +xxx; Fax: +xxx
Attention: Mr. xxx (Contracts Manager)
Project: xxx One Residencies, Masdar City
Subject: Main Contract Settlement Agreement / Rectification of Defects
After receiving your letter ref: xxx dated xxx, xxx took immediate action and arranged a team to investigate the issues on site on the 12th of May. However, our team was stopped by the Police at the Abu Dhabi border due to the Covid-19 restrictions. The same was repeated on the 14th of May as well. The coordination between our team and Mr. xxx was continuous (please refer to attached correspondences), and on 31st May xxx we were finally able to have access to site and conducted a joint inspection along with xxx representative and below are our observations:
- Out of the 8 leakage locations marked in your letter, the first location is related to rainwater drainage pipes and the second is for firefighting services, and these are locations not associated with services connecting to Pods.
- In the other 6 locations where traces of water leakage were found close to services associated with pod connections, it was observed during the joint inspection that the fire sealant and connection pipes were completely dry, and have been dry for a period of time as no dampness was found. No indication of any water dripping was found at any of these locations. Noting that the pods are occupied and are under regular usage, dampness or leakage would have been found if there was any defect in the pod services or the pod waterproofing.
Additionally, immediately following the site investigation, the team was informed by Facility management representatives that the evidence of leakage only occurs during rainy conditions.
This reinforces the conclusion that the leakage defects are related to rainwater drainage services. Further evidence of this is the fact that there are trace of leakage around the first location inspected at the rainwater drainage service.
The structural slab being constructed using hollow core planks, during raining conditions, the leakage in the rainwater piping is travelling through the voids in the slab and seeping at the nearest locations where the pod services are located. As there is currently no rain, these locations are therefore currently completely dry.
In conclusion, the leakage Defect in the 8 locations is not related to either pod services or pod waterproofing and subsequently do not fall under the responsibility of xxx to rectify.
Accordingly, xxx is under no obligation to rectify these Defects and we shall not accept to be passed on any deduction or any costs and/or damages related to rectification of these Defects by others.
Subsequently, we further kindly request that you release our Retention at the earliest.
This is for your information, record, and necessary action.
On behalf of xxx LLC
1- Emails of coordination for site access between xxx & xxx.
2- Site Report dated 31-05-xxx