Date: xxx
Ref: xxx
Kind Attn :Mr. xxx
Project :2B + G + 14 + Lower Roof Hotel Building on Plot No. xxx at Al Barsha
1st, Dubai U.A.E.
Subject : Regarding our reply of minutes of meeting held at xxx office dated xxx and request for the extension of time till xxx and approve the variation.
Dear Sir,
With reference to above, we would like to inform you that as per the minutes of meeting held on 05.01.17 and our request for the extension of time based on the activity balance and issue related for drawings approval or late supply of the material by the client , deduction of penalty in running invoices as well as late nomination of the subcontractor by the employer including other delay by the employer.
So we need extension of time which we required reasonable time from the current status and the minimum time to complete the project on 31.08.17 (with compressed schedule and adding the resources) it may extend upto 31.09.17 or beyond due to the following reasons:
- As per our letter ref no:CC/AP/117/16 Dated.21.08.16, some of our concerns are addressed fully , many are still pending from 21.08.16 and issue remains pending from 6 months or under consideration (150 days).
So, the contractor are not held responsible for project delay .
- Late nomination by the employer / delay by the employer for many items which is mentioned in the attached list. Main contractor will not held responsible for further delay beyond September 30th 2017 if not finalized provided the pending items within 7 days.
- The partition supplier was approved after many sources selection to meet our project requirement as well as follow the authority regulation to replace calcium silicate by the acceptable material and after that we submitted the M/s Gypsemna for the material and design by replacing calcium silicate sheet with Gypsemna glass sheet.
Please find chronological history for the drawing submission and approval
| Sl no | Description | Submitted on | Approved on/Comment | Remarks |
| 1 | M/s Gypsemna submittals as a designer and supplier | 01.09.16 | 06.09.16 | Consultant returned with the comment. |
| 2 | Wall design for 54DB after multiple discussion with acoustic consultant and meeting held at client office on dated 13.1.16 (letter ref no:CC/AP/216/16 ) | 21.12.16 | 26.12.16 | The drawing remain hold because of the acoustic consultant issue as well as direct discussion by the employer with M/s Gypsemna to finalize required DB’s and concept |
| 3 | 2nd submittal with 55 DB as per instruction and confirmation by the client in meeting held on 08.01.17 at consultant site office with the acceptance of variation principally(meeting was attended by Mr.Girish, Mr.Abeer, Mr.John and Mr.Ramlal) | 11.01.17 | 14.01.17 | Approved with comments in client office after meeting with the consultant and client ,interior on 12.01.17 and consultant released on 14.01.17 |
| 4 | Contractor completed the partition and raise the inspection based on the commented drawing | Inspection carried out on 24.01.17 | New comments awaited by the ID | Meeting held in client office on dated 25.01.17 to issue the comments after inspection, comments awaited. |
| 5 | Contractor completed the partition work as per comments given on floor plan | Awaited GRMS subcontractor nomination and ELV subcontractor nomination as well as joinery subcontractor issue needs to resolve |
- As per the discussion held in the meeting there is a variation in cost in partition work due to change in the contract documents/meets the authority requirement and difference between tender documents and final drawing commented.(our communication letter ref no:CC/AP/232/16 DT:15.01.17)
- Contractors have intimated in the meeting to the client that we are proceeding as per 54 DB and there will be variation which will be submitted earliest by Sunday i.e., 29.01.17 and engineers instruction is required to proceed the work for this variation.
- The approval of partition drawing and variation work instruction, for each floor contractors need minimum 25-30 days with coordination of MEP/civil work to erect the partition.
if we can consider as per the revised program R10 (approximate estimation for time)for the partition work which will executed parallelly with the block work and structure .we reduce it to complete the project in September through adding the resources and compressing the schedule etc. But project revised estimated completion date would be 30.09.16
- Many activities being delayed from the basement to first floor because of the late nomination by the employer and appointed sub-contractors to ID work which is still not nominated and we cannot provide the access to ID subcontractor till end of the April due to space issue and area required for movement.
- Our payment is always delayed due to many submission ,review/ rejection by the employers/ consultant due to this the contractor suffers a lot in the progress because of the procurement including strike .This is also issue with the contractor always.
- The penalty imposed to the contractor which is not released and deducted from the contractor running invoice which is unlawful and all the deducted amount must be released immediately to the contractor to support the project and mitigate the risk of further delay.
- We are attaching list of late nomination by employer/ pending nomination and Impact on project progress i.e., LME 1/2 and LME 2/2.
- The list of shop drawings and materials which are still pending for the approval need to be released/approved(document attached)
So, this is for your kind notice under clause 44.1 (a),(b)&(d), 51.2 , 53.1 and 70.1 to grant the extension of time, approve the variation for delay by employer, variation work and amendment of the contract for increase or decrease of cost due to change of contract because of the engineers instruction for the changes in the drawing .
We also request that the contract is entitled for the claim as per UAE civil code article 318 and 319 including priority of “laws of the land”.
This is for your kind notice to do the needful and request to the engineer’s determination for the claim of the extension of time and cost.
Regards,
For xxx Contracting L.L.C.
xxx
Project Manager