RE- damage / loss reports for pods on site

Our Ref: xxx

Date:

To

xxx Contracting LLC

P. O. Box xxx

Dubai, U.A.E.

Attention            : Mr. xxx, Group Procurement Manager

Project                 : Design and Build of Coastal Village Residential Building.

Subject :     RE– damage / loss reports for pods on site

Reference:  a) UP‐1747/LET‐1216‐21/LS‐at dated 6 July xxx

                      b) UP‐1747/LET‐1220‐21/LS‐at dated 6 July xxx

                      c) UP-1747/LET-1372-22/LS-at dated 08 March xxx

                       d) UP-1747/LET-1376-22/LS-at dated 14 March xxx

Dear Sir,

We are in receipt of your letter reference: xxx dated 28 March xxx and we are stunned by your allegations and by your attempt to blame incorrectly and unfairly M/s xxx (Contractor Name) on the damages occurring to the pods that is totally not acceptable.

First, your argument that we had work pending or comments on MIR & IR to attend that may led to the scratches and damages is incorrect and invalid. We draw your attention to the fact that M/s xxx (Contractor Name) raises for Finishing Inspection requests after completing the MIR and IR comments so in case of any damage occurred during our work in attending such comments, it will be noticed and recorded in the finishing IRs which is not the case in any approval received.

Second, it is not our role to provide you with evidences on whom responsible for each damage that occurred as such action is your sole liability. It is the Main Contractor who controls the site activities and different trade’s schedules of works not M/s xxx (Contractor Name) noting that we have highlighted to you in several occasions on the misuse of pods that was recorded also by your own Engineer as well for you to be aware and to take the appropriate measures. (See letter ref (c) above and its appendixes for more details.)

In the end, if the Main Contractor has any evidence that our workers damaged any work and not only speculations, than such work rectification will be our responsibility but so far we have not received any notification in that regards. Accordingly, any damage occurring in the pods and any lost items is the responsibility of the Main Contractor only.

We urge you to send us the approval to the damage reports and to the cost related to allow us to procure the materials required for replacement and start the rectifications required. Otherwise, if you have hesitance and do not accept the cost submitted by M/s xxx (Contractor Name), we will provide you the supplier’s details and you can purchase the materials directly and we can support you in its installation.

M/s xxx (Contractor Name) will continue to support the Main Contractor and the project within our capabilities but we are not and shall under no circumstances be responsible neither for the misuse, damage or loss of items that occur on site nor for any delay that will occur to the work completion and handing over due to such damages, loss of materials and lead time required to arrange for replacement.

Yours faithfully,

On behalf of xxx LLC                                                                      

xxx

project Manager