Rejection to Notice of Delay
Our Ref: xxx
Date: xxx
To : xxx Contracting Company LLC
P. O. Box xxx, Dubai, U.A.E.
Attention : Mr. xxx, Senior Project Manager
Project : xxx Tower, Dubai – U.A.E.
Subject : Rejection to Notice of Delay
References: a) xxx dated 21 June xxxx
b) xxx dated 06 July xxxx
c) xxx dated 09 May xxxx
d) xxx dated 13 July xxxx
e) xxx dated 04 August xxxx
Dear Sir,
We are in receipt of your letter ref: xxx dated 16 August xxxx and record again our objection to your statements as detailed below.
Point #1:
We once more refer to our previous response in this regard and invite you again to refer to Subcontract Agreement. The Commencement dated in accordance with the Signed Subcontract agreement is 24 June xxxx.
While the Contractor has shown his intention for awarding the job to M/s xxx (Contractor Name) by releasing the LOI on 04 May xxxx, the Contractor has nevertheless subsequently delayed the award by almost two months with full awareness and knowledge of his own Programme of Works.
M/s xxx (Contractor Name) has wholeheartedly supported the Contractor for two months without having received a signed order and will continue to support the Contractor to the best of our abilities. However, M/s xxx (Contractor Name) shall in no way be held responsible for the Contractor’s delays in releasing the order, nor accept that agreed contractual terms be ignored stating irrelevant industry standards.
Point #2 – Wall & Floor Tiles
Our previous response via our letter reference (e) remains unchanged.
Point #3 -Paint
Our previous response via our letter reference (e) remains unchanged.
Point #4 – Review period
We note that the review period of shop drawings and materials is 21 days.
We also record that the baseline programme was withheld from M/s xxx (Contractor Name), and only forwarded to us on 22 June xxxx.
Point#5 – follow up responsibility
M/s xxx (Contractor Name) follows the status of its submittals on a daily/weekly basis with the Contractor. We remind you that all submissions to the Consultant are issued and received by the Contractor through the Contractor’s Document Control office.
It is the Contractor’s obligation to release the status of the submissions, and the documents received from the Consultant back to the Subcontractor. M/s xxx (Contractor Name) has no control over this process.
Point#6 – Consultant instruction
Any official instruction received by M/s xxx (Contractor Name) is acted upon by M/s xxx (Contractor Name) in accordance with the terms of the Subcontract Agreement.
Point#7
Please refer to Point#1 above, M/s xxx (Contractor Name) process of releasing Purchase Orders to suppliers was initiated upon receiving the signed Subcontract Agreement from the Contractor.
As additional support to the Contractor, M/s xxx (Contractor Name) has initiated the purchase orders and made payments to suppliers before the receipt of the Advance Payment from the Contractor in accordance with the terms of the Subcontract Agreement.
Point#8
With regards the tiles delivery, please refer to our letter ref: xxx dated 22 August xxxx.
In closing, what the Contractor labels as justification are contractual facts and we categorically reject the sustained attempts to disregard agreed terms stipulated in our Subcontract Agreement.
Although we will continue to extend all our efforts to improve the chances of delivering pods to site in a time frame compatible with your site requirements, you remain solely responsible for delaying the release of the Subcontract Agreement to a date almost two months beyond what is stipulated in your own baseline programme.
M/s xxx (Contractor Name) shall not hold any responsibility neither direct nor indirect for any delay to the project resulting from such actions by ASC, and we further reserve our right to claim for an Extension of Time in relation to this baseline programme of 57 days.
Yours faithfully,
On behalf of M/s xxx (Contractor Name) LLC
xxx
Projects Manager