Re- Employer’s claim notice – Extension of consultancy service due to the Contractor’s delay
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- Employer’s claim notice – Extension of consultancy service due to the Contractor’s delay
Dear Mr xxx,
We are in receipt of your letter No. xxx dated 28 July xxxx with subject “Employer’s Claim Notice – Extension of Consultancy Service due to the Contractor’s Delay” and we record our response as follows:
Your claim of delay is rejected, and the content of your letter are false accusation trying to impose arbitrary deduction on Xxxx.
The item no.1 in the Engineer letter ref: xxx dated 22nd June xxxx refers to the slow progress of apartment handing over which is not under the scope of Xxxx. The handover of apartments is under the scope of the Main Contractor.
The Main Contract is delayed due to reasons not attributable to Xxxx. The original completion date of the Main Contract in accordance with Appendix 1 of our Sub-Contract Agreement is 17 June 2021 while you have only secured the first TOC of the works on 02 March xxxx and Xxxx has nothing to do with your own delays of more than 600 days.
Also, we refer to our 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 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.
On the other hand, we again urge you to remedy your 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