Rejection to Notice of Contra Charge – Ancona Smoke Tile 30 x 60 cm.

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 :     Rejection to Notice of Contra Charge – Ancona Smoke Tile 30 x 60 cm.

Reference: a) xxx dated 26 August xxxx

Dear Sir,

We are writing to you in response to your letter ref: xxx dated 11 November xxxx and would like to record our absolute rejection and disappointment to your letter content.

Firstly, the agreement which was made following the Employer’s directive for BHC to supply a quantity of tiles they have on hand for the Phase 4 project has no relation with the Subcontract Agreement of M/s xxx (Contractor Name) with BHC on Phase 3 where M/s xxx (Contractor Name) has already completed delivery of all pods.

Secondly, we invite you to refer again to our previous letter reference (a) above in which we have clearly informed you that the 400 sqm will be returned from a new tile batch. No guarantee was given to BHC beyond this statement.

We further remind you that you have explicitly agreed to this arrangement which was requested directly by the Employer prior to providing the tiles to the Phase 4. Please refer to the Employer’s email dated 25 August xxxx.

M/s xxx (Contractor Name) have fully complied with the commitment and retuned back to you 400 sqm of Ancona Smoke 60 x 30 cm tiles on 16 and 17 October xxxx (attached DOs) from the new tile batch as received from M/s Home items.

If BHC had any reservations on the returned tiles, then you should have made this known before making usage of these tiles. We also have to record that the areas where BHC has installed these tiles are not withing the scope of works of Unipod on this project and we again record that M/s xxx (Contractor Name) has absolutely no obligations or liability whatsoever for works done by BHC on other areas of the project.

Should you now no longer require these tiles or deem these tiles not to your liking, you are requested to return the full quantity of 400 sqm delivered to you as part of this agreement.

We again notify you that M/s xxx (Contractor Name) is in no way shape or form responsible for works performed by BHC on their own scope of work or for any approval or lack thereof for such works. Any attempt to contra charge M/s xxx (Contractor Name) on works done by BHC for a scope of works unrelated to our Subcontract Agreement is not only unethical but is a blatant and evident breach of our Subcontract Agreement.

We urge you to immediately withdraw your notice and refrain from pursuing such a course which will lead to the most undesirable impact on the project.

Yours faithfully,

On behalf of xxx LLC                                                                      

xxx

project Manager