subcontractor contract agreement.

Regarding your mail reference dated on xxx

Date: xxx

Ref no: CC/HC/012

To               : M/s xxx Center

Attn.           : Mr. xxx

  Project      : 2B + G + 14+ Lower Roof Hotels Building on Plot No. 373-1297 at Barsha,    Dubai

 Subject       : Regarding your mail reference dated on 18/09/17 @ 9.54 AM.

 Article-A- Attachment page no 1/7


HC -Initially the Architrave was at 100mm and when we had to fix the wardrobe of 600mm depth we did not have enough depth since the partition depth from the door to the back wall was not as per the ID drawing.

CC-Our agreement with you to follow the CC approved shop drawing and to measure reference CC/GYS/LPO/1701 dtd 25/02/17 item no -1 & 2 and to insert ID component in our shop drawing and raise the RFI if any discrepancy.

    Our contract says:-

  1. Shop drawing to be prepared as per the partition drawing with reference to site measurement with mock up and other rooms from 2nd floor.
  2. Wardrobe size must be in respect to depth/width/height considering the FF level and site measurement to be carried out prior to fabrication.
  3. Our total measurement from one point to other point or from one wall to other wall is mention in our drawing and algebraic sum of your components must be within our dimension.
For example CC  the width of the vestibule = Architrave width +Door width +the wardrobe depth

“If this equation is not satisfied the left end side to be considered constant, we cannot change the partition and you modify the dimension to satisfy the equation at right end side

 Article-B- Attachment page no 2/7

 HC-Hence we had to make another architrave of 75mm to make this fit. As a matter of fact, we have incurred extra cost with the alternate architrave and other overheads. Regarding the permission to remove re-fix is questionable only when Chirag has taken a formal handover from us.

CC-Our contract did not give the freedom to the sub-contractor to make any change without following the procedure of the change / proper channel and final decision to be taken by competent authority and that to be validated and forwarded by the main contractor to the sub-contractor .why unauthorized change executed?……….scope creep/  not allowed

 Our contract says and agreed:-

 Your method statement 01/03/17 please read page no 8/18

Under 8.1 Joinery items & doors

After the full floor is made ready for joint site measurements, The PE and PI shall take site physical measurements jointly and record the same on that particular floor drawings, which shall be jointly signed by the PM and the PI . The original copy to be kept with PI and the PI and the copy to be given to the MC for his records.

If any changes or rectification at the site it must be bought in to notice of MC and approval must be taken.

The PI will cross check the drawing on his side and prepare the cuttings sizes according to the drawing for his subordinates. The PI will be inspecting him that production doing under the control of the sections foreman by the drawing delivered to site comply with approved samples.

Article-C Attachment page no 3/7 to 4/7

 HC-Kindly provide us with any such document and we will gladly accept we have not followed protocol.

CC-Kindly refer your mail on dtd: 28/03/17 @10.41 AM where you requested the Auto Cad drawings for indicating the types of layout and you are assurance that you will incooperate the partition details in your shop drawing and  within our floor plan you need to insert your component and discrepancy to be highlighted to the main contractor.  

CC provided the drawing on 06/03/17 at 2.48 PM & 15/03/17 at 3.28 PM which is communicated prior to your request but you did not prepare the floor layout for cross check to honor the contract requirement.

Reference CC/GYS/LPO/1701 dtd 25/02/17 Article-A item no -1 & 2

Your queries regarding the communication protocol, kindly refer above mention document and your Method Statement under Article 8.1 on page no 8/18 from contract document.

 Article-D Attachment page no 5/7,6/7 & 7/7

HC-In future HC will have full charge of the materials/ Joinery fixed and will at our discretion remove, re-fix until a formal handover is taken. The specified joinery is always fixed post instruction from client / main contractor.

CC-Refer your page 14/18, 15/18 & 16/18 in Method of Statement under 10.3 Joinery items & Door Installation

  • Check the site and study the drawing- (sub-contractor did not follow the method statement and executed unauthorized change )
  • The PI is responsible to carry out the work as per the approved shop drawing and project specification Method Statement Procedure in coordination with the MC
  • Ensure the door opening as per door schedule ( Procedure not followed)
  • Position of the door frame as per the approved drawing ( sub-contractor did not check the site as mock room and shop drawing available since  March & April)
  • Adjust the door frame if there is any variation ( No financial claim accepted)
  • Alignment at vertical and horizontal shall be need to verify and any deviation shall under the required tolerance( Components drawing to be modified for approval from ID and consultant)
  • Refer CC/GYS/LPO/17-01 dtd 25/02/17 item no 1-2 kindly visit Article-A (No financial claim accepted as contract is very clear)

We are nullifying your claim and unacceptable within our contract  as well as we will not accept any financial claim  if you breech  in future also kindly ,follow the contract and make your floor to floor coordination layout and cross check the dimensions to follow the Method Statement and contract. 

Article-E- Attachment page no 1/7

HC-would like to insist is under complete ownership of Home Centre unless and otherwise the main contractor has taken a handover post which it will be the main contractor’s liability.

CC- Kindly follow the explanation describe and mention above and follow the contract its language.

   Article-F- Attachment page no 1/7

HC- Since you have mentioned the 75mm architrave is not as per the approved ID drawing kindly provide us with the partitions with the depth to accommodate the 600mm wardrobe and 100mm architrave we will re fix the 100mm architrave at once. Kindly let me know by when (date) this will be ready.

CC-Our agreement with you to follow the CC approved shop drawing and to measure the site prior to fabrication and jointly signed   as per Article 8.1 page no 8/18 as well as reference CC/GYS/LPO/1701 dtd 25/02/17 Article-A item no -1 & 2 which are self-explanatory and part of our contract.

Article-G-   Attachment page no 1/7

HC-The site measurements have been taken and found to have discrepancies, attached is the measurement sheet and the partition drawing which we have received, neither the partition thickness nor the depths are matching and we had proceeded with the mock up on request by CM and have adjusted the joinery to fit in.

CC-Kindly use our partition shop drawing which is sent you on 06/03/17 & 15/03/17and insert your ID component within our partition shop drawing as per their respective location and highlight the discrepancies and we will discuss with the ID and consultant for their advise and instruction.

Kindly note that, issue and blame generated easily by anyone hope you will appoint dedicated project manager who can coordinate with us timely and we will support proactively to kill the issues before they come at surface in future.   

So, kindly note that we will not accept any claim due to non-coordination and cooperation or non-following the contract   as well as we will not be responsible for communication gap between Home Center and third party.

Regards

For xxx Contracting L.L.C

xxx

Project manager

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