RE- Notice of misuse, damage & theft/loss of materials from 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– Notice of misuse, damage & theft/loss of materials from pods on site

References:  a) xxx dated 6 July xxx

                        b) xxx dated 6 July xxx

                        c) xxx dated 08 March xxx

                         d) xxx dated 14 March xxx

                         e) xxx dated 04 April xxx

Dear Sir,

We are in receipt of your letter reference: xxx dated 13 April xxx and we are truly surprised that the Contractor is altering facts in an unfair attempt to simply blame M/s xxx (Contractor Name).

We have repeatedly and on several occasions, including in our letters (a, b, c & d) above & our observation report No. PDLMIII-OR-22-001 (appendix 1) , raised our serious concerns that the approved pods on site were being mis-used so that you take urgent and appropriate measure to ensure the safety of the pods against damage and theft. We have taken these steps to support you in ensuring that approved pods will not be jeopardized.

This misuse of pods was also recorded by your own Engineer in (letter ref d – appendix 3)

The statements made in our previous communications in relation to damages and loss are facts supported by recorded evidence. Your allegations that M/s xxx (Contractor Name) is attempting to relieve itself from its obligations is categorically rejected.

M/s xxx (Contractor Name) has secured approval on MIR, IR as well as finishing IR for all the delivered pods and no record of damage or missing items was raised by any party during any of the three rounds of inspections.

In relation to the reference made by the Main Contractor on the last pending comments of the Engineer relating to the last 12 marble sets and which have been the subject of earlier communications (xxx dated 04 March xxx & xxx dated 18 March xxx), M/s xxx (Contractor Name) is attending to these comments in accordance with our obligations, however these 12 marble sets have categorically no relation to the subject damages and loss reports.

We are appalled that the Main Contractor is attempting to use the Engineer’s comments on the Marble to shift responsibility of damages and losses on completed and approved pods.

We have provided you substantiated and detailed damage reports supported by all necessary evidence. We again urge you to release your acknowledgement on these reports and your approval on the additional cost associated with the re-sourcing of the damaged or stolen material to allow us to start immediately our procurement process and schedule the installation of this material free of cost as a show of support to your project.

If you chose to persist in your position of disregarding our damage reports or have any reservation on the cost of materials to be replaced, we kindly request that you urgently procure these materials directly, and we will still support you with their installation.

Finally, to avoid such unfair blame or accusations in the future, our teams on site will only enter approved pods to attend to any potential snag after receipt of signed clearances from the Main Contractor released both before and after attending to the snag, which will be only undertaken by M/s xxx (Contractor Name) in the presence of the Main Contractor’s representative.

M/s xxx (Contractor Name) will continue to support the Main Contractor and the project, however 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 replacement material.

Yours faithfully,

On behalf of xxx LLC                                                                      

xxx

project Manager