Re- Notice to Correct – Pending snagging works – Back charge
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- Notice to Correct – Pending snagging works – Back charge
Dear Mr Loh,
We are in receipt of your letter No. xxx dated 14 July xxxx with subject “Delay in pending snagging works” and letter No. xxx dated 19 July xxxx with subject “Notice to Correct – Pending Snagging works – Back Charge “and we hereby record our response as follows.
Both of your letters are rejected on the basis that they are false and unfounded and Xxxx will not accept any arbitrary back charge whatsoever related to our approved Pods.
The lists attached to your letters clearly demonstrate that the works you engaged 3rd parties to do are damages rectifications and not snags. The uncontrolled activities on the Main Contractor’s project site and careless behaviour of the Main Contractor and his engaged subcontractors have resulted in such extensive damage to the approved and certified Pods which the Main Contractor is now attempting to pass on to Xxxx as “Pending Snagging Works”. These are irrefutably damages, not snags, and are the direct result of the Main Contractor’s own actions on site.
We refer to our letters ref (v), (w) and (x) above and remind you that we have till date not received a list of snags relative to Xxxx and the latest outstanding snags recorded through AQCR/SQCR, PQA have been received on 03 July xxxx vide Main Contractor letter reference xxx (Appendix D of TOC). However, none of the snags recorded in this snag list has any relation to Pod works, and all recorded snags are related exclusively to the scope of the Main Contractor (Please refer to our letter (w) dated 05 July xxxx).
We also remind you that any unsanctioned and unsupervised works such as the one you are reflecting in your letters inside approved and certified Pods shall lead to voiding of the warranty of such Pods. Accordingly, the warranty of all the Pods in the apartments where you have engaged 3rd parties are VOID.
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.
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.
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