Re- Conditional TOC –Starting of Defects Liability Period
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: Re- Conditional TOC –Starting of Defects Liability Period
Dear Mr xxx,
We are in receipt of your letter No. xxx dated 07 August xxxx with subject “Re: Conditional TOC-Starting of Defects Liability Period” and we record our response as follows:
We totally reject your false allegations of failure in attending snags and we once again refer to our previous letter ref (w) and bring to your attention that the letter xxx dated 03 July xxxx in which you have shared the TOC with Xxxx along with all its attachments received did not include any outstanding works on Xxxx.
We again 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.
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.
Any attempt to unilaterally force deductions on Xxxx, and forcibly attempting to shift your own liabilities onto Xxxx in a clear and blatant violation of our Sub-Contract Agreement is rejected.
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.
Furthermore, we record your confirmation that Xxxx are not responsible for AQCR’s/SQCR’s.
On the other hand, your statement that “the closing out documents are not being submitted till date despite of our repeated requests such as Draft Warranties, As-built drawings (Hard & Soft copies) and Hard copies of O&M Manuals is completely untrue.
- The draft warranties are submitted to you on 5 July xxxx and Xxxx didn’t receive any further feedback in that regards. (Refer to appendix 1)
- As-built drawings soft copies were submitted to you and accordingly we have received the approval on 23 February xxxx. (Refer to appendix 2)
The hard copies of As-built drawings were all submitted to the Main Contractor on 28 February xxxx. (Refer to appendix 3 for the receiving copy)
- O&M Manual is submitted to you on 19 April xxxx (refer to appendix 4) but despite our multiple reminders & follow ups we have not received any feedback or response from the Main Contractor till date. (Refer to appendix 5)
In conclusion, the entire content of your letter is based on false accusations which is completely rejected.
We again urge you to remedy your ongoing 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.
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