Reply to allegations of Delay in submission/approval of WIRs

Reply to allegations of Delay in submission/approval of WIRs

Our Ref: xxx

Date:

To

xxx Contracting LLC

P. O. Box xxx

Dubai, U.A.E.

Attention            : Mr. xxx, Group Procurement Manager

Project                 : xxx Phase 2

Subject                 : Reply to allegations of Delay in submission/approval of WIRs

Dear Sir,

We are writing to respond to your letters ref: xxx & xx dated 10th & 14th December respectively as the content of your letters stand rejected for the following reasons:

  1. Your statement that WIR for Mockup apartment PODS stands rejected which is delaying mockup apartment completion is wrong, misleading and totally not acceptable.

Please refer to the MOCKUP WIR (Attachment 1) which shows clearly that the WIR of mockup pods was rejected in the first place due to non-availability of the Contractor’s MEP clearance and not anything related to Pods. The same was then approved (Attachment 2) on the 9th November without any comments related to pods as well.

  1. Furthermore, it must be noted that WIR submission is done by BGC and not by M/s xxx (Contractor Name).

The pods are being installed whenever the area is cleared for installation by BGC civil and MEP teams and all the documents required for submission of WIR are being shared from M/s xxx (Contractor Name) upon installation and signing of documents from the respective BGC Building Engineer/QC in charge.

For that claiming such delay in submission is again wrong and not acceptable.

  1. Also, it must be noted that until 26th November when we had completed the delivery of all pods, we had not received any copy of WIRs despite our several reminders and follow-ups.

Till now, we have received only 152 pods WIR approval and the balance are still under review as informed by BGC QC team.

We urge you to share the copies of WIRs immediately upon receiving the same from the Consultant as M/s xxx (Contractor Name) won’t be responsible for any delay in attending/rectifying any comments related to pods due to a delay in obtaining the comments from BGC.

  1. Moreover, your statement that “not raising any WIR for finishing inspection yet is a serious concern for the completion of the works” is also not acceptable.

M/s xxx (Contractor Name) has raised the MIR to all the Pods delivered to site. M/s xxx (Contractor Name) has also provided all the documents necessary for BGC to submit the WIR to the Engineer.

BGC team has also raised the WIR for levelling and installation. Subsequently installation is inspected/approved through WIR and finishes are inspected/approved through pod MIR.

At this stage, since both MIRs & WIRs are submitted, the final inspection will be raised prior to handing over as per the normal procedure to address any snagging or comments on MIRs. For that, you are requested to provide us with your handing over dates required to plan accordingly and allocate the required teams and tools to site.

Kindly note that any damage that occurs during the work of your other Subcontractors on site such as MEP, door subcontractor or any other trades subcontractors will be charged to BGC. For that, we urge you to inform them to take the precautions required to avoid any damage to the pods.

In the end, we remind you that you are in default of your payments as we haven’t yet received the certificates for the work done in October & November xxxx and we urge you to release our overdue advance payment to avoid any disruption of work on site.

Accordingly, we reserve our rights for an Extension of Time (EOT) equivalent to the same number of days by which payment is now delayed. (47 days)

Yours faithfully,

On behalf of xxx LLC                                                                      

xxx

project Manager

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