Our Ref: xxx
Date: xxx
To : xxx Construction Engg. Corp. (Middle East) LLC
P. O. Box xxx
Dubai, U.A.E.
Attention : Mr. xxx
Project : xxx – Zabeeel Second, Dubai, UAE.
Subject: Re-Work Sequence & Weekly Schedule for Snagging
Dear Sir,
We are in receipt of your letter xxx dated 07 December xxx, and we record hereafter our official response.
While we recognize that this letter is not issued specifically to Xxx but is a general letter issued by the Main Contractor to all sub-contractors, we categorically reject the statements made in this letter where they pertain to Xxx.
Firstly, Xxx is an off-site manufacturer and all pods have been snagged, inspected, and approved by XXX & the Engineer in the factory prior to delivery to site.
Your statement that there is no improvement in regard to snagging progress on site due to insufficient manpower is incorrect as it is not applicable to Xxx.
We have noted that there is additional work which has to be performed by Xxx in the pods at site to install missing Free Issue Materials or rectify damages which have been arising from your own teams or subcontractors work while accessing the pods or due to leakage from your MEP services (like damages to access panels, damages to paint, damages to tiles and other finishes, etc.) And your allegations that such damages or installation of Free Issue Materials are snags which have to be addressed by Xxx are rejected.
Moreover, these additional works have all been notified to the Main Contractor via official damage reports and letters and the cost related to rectification and installation of Free Issue Materials were also submitted to your commercial team. You can refer to our letter ref: xxx dated 06 December xxx and previous correspondences for more clarity on this matter.
Xxx will increase the manpower as requested in your letter and have the manpower available on site to proceed with the rectifications which will be performed upon agreement on the associated costs.
Finally, you have failed to organize a commercial meeting on the 09 December xxx to address the variations as requested in our letter xxx dated xxx and letter xxx dated xxx.
Accordingly, should the Main Contractor chose not to approve the cost of additional works to allow us to proceed with such works and chose to forcibly engage any third party including the Main Contractor’s staff or subcontractors to enter/modify/alter/damage/ or otherwise make use of the pods delivered to site, this will be considered as a repudiation of our Subcontract Agreement by the Main Contractor and Xxx reserves its right to take any action it deems necessary in this regard, the liability of which will reside fully with XXX.
Should you maintain your arbitrary refusal to release payment against certified works and elect not to proceed as recorded in our letter xxx dated 06 December, you shall be fully liable for any resulting consequence of your actions, and we reserve our rights to take any action against you.
We equally reserve our right to suspend the execution of the Sub‐Contract Agreement until full payment of our outstanding dues and release of our outstanding certification in reference to Article 247 of the UAE Civil Code. In the same line, Xxx will not be held liable for any impact the above may have, whether direct or indirect, on the progress of works on site. These liabilities reside with XXX.
Yours faithfully,
On behalf of xxx LLC
xxx
Project manager
