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 : Rejection of deductions received on December xxx Payment Certificate
Dear Sir,
We categorically reject the deductions shown on the Payment Certificate received for December xxx (appendix 1) and any other future deduction not backed by a supporting evidence. All the deductions shown are not related neither to our scope nor to our team and the same was informed to your team on site several times. xxx are again unilaterally and arbitrarily issuing this unfair and unjustified deduction against the Subcontract Terms & Conditions. Below is our response point wise to each deduction:
| Item No. | Deduction Month | Description | Amount | Remarks |
| 3.1 | Dec-xxxx | September xxx Deduction | ||
| 1) Housekeeping | xxx | Rejected – Your labors and your subcontractor’s labors are misusing Pods protection sheets. Refer to Appendix 2 photos. This deduction is not related and not due to Xxx works. | ||
| 2) Housekeeping | xxx | |||
| 3) Housekeeping | xxx | |||
| 5) Housekeeping | xxx | |||
| 6) Help transport toilets | xxx | Rejected – Only Xxx teams are shifting the pods. There is no involvement by any other party in transport of toilets. | ||
| 7) Because the model provided by the toilet is inconsistent, the water pipe hole of the toilet is deviated. Now we arrange the team to repair the hole | xxx | Rejected – modification or provision of opening in RC structure is the sole responsibility of xxx. Pods are produced as per approved design and approved materials and are being checked and approved by the Consultant before shipped to site. | ||
| 8) Toilet hole chipping | xxx | |||
| 9) Because the model provided by the toilet is inconsistent, the water pipe hole of the toilet is deviated. Now we arrange the team to repair the hole | xxx | |||
| 10) Clear rubbish | xxx | Rejected – Not related and not due to Xxx works. | ||
| 11) Clear rubbish & help them work | xxx | |||
| 12) Clear rubbish | xxx | |||
| 13) Clear rubbish | xxx | |||
| 14) Clear rubbish | xxx | |||
| October xxxx Deduction | ||||
| 1) Pods lifted using crane without ensuring that the catch net and the offloading cantilever platform is ready for use. The slings of the suspended load have struck with the catch nets at multi-level which could have resulted in a disaster. | 10,000.00 | Rejected. We received this notice on 20-October and the same was rejected the next day via email on the 21st October explaining all the scope responsibility. (refer to appendix 3) | ||
| December xxxx Deduction | ||||
| 1) Housekeeping | xxx | Rejected – Your labors and your subcontractor’s labors are misusing Pods protection sheets. Refer to Appendix 2 photos. This deduction is not related and not due to Xxx works. | ||
| 2) Housekeeping | xxx | |||
| 3) Housekeeping | xxx | |||
| 4) Housekeeping | xxx |
Moreover, we would like you to refer to our previous emails (appendix 4) where we had already responded to your claimed deductions and proved that it doesn’t relate by any mean to our scope while xxx have failed to provide any supporting proof for deductions and their relation to Xxx.
Therefore all these deductions stands rejected.
You are requested to waive these deduction, send us the confirmation and adjust the next PC accordingly.
We have supported xxx throughout the project and we expect fairness in dealing with us back by not imposing deductions not related to our scope.
By submitting our TAX invoice, it doesn’t infer an acceptance to the arbitrary amount deducted.
Xxx will not be liable for any delay to the works caused by your actions above. Such delays are on xxx acts.
Yours faithfully,
On behalf of xxx LLC
xxx
Project manager
