Reply to Main Contractor’s Instruction – Additional Pods at Upper Floors

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                 : Reply to Main Contractor’s Instruction – Additional Pods at Upper Floors – 06

Dear Sir,

We refer to your letter Ref. xxx dated xxx Subject “Main Contractor’s Instruction – Additional Pods at Upper Floors – 06”

Firstly, pursuant to Clause 1 of our Sub-Contract Agreement, the bathroom types listed below, and which you are referring to in your letter above, are Types of Bathrooms that are not part of the Xxx Scope of Works for PODs on this this project.

• Tower 1: Bathroom Type 43 to Type 60
• Tower 2: Bathroom Type 30 to Type 50
• Tower 3: Bathroom Type 30 to Type 50

We invite you refer to the following Sub-Contract Documents that show the limit of our Scope under the Sub-Contract agreement, and which clearly do not include any of the bathroom types listed above.

• Contract BOQ (attachment 1)
• Xxx proposal (attachment 2)
• xxx Feasibility study (attachment 3)

We have communicated very clearly in our quotation and all prior communications that the above bathroom types are not feasible using POD technology. xxx’s own feasibility study which is part of our Sub-Contract, and which highlights the typology of bathrooms which can be converted to PODs, unambiguously excludes the above listed types for the same reasons.

Secondly, your letter makes reference to Clause 1 of our Subcontract Agreement and states that “xxx and Xxx have agreed to accommodate new PODs”.

Your statement is incorrect and intentionally misleading. At no time has Xxx agreed to accommodate “new” PODs as part or our Subcontract. We invite you to refer again to Clause 1 of our Subcontract which simply states that Pod Type 10 @ Tower 2 and Pod Type 19 @ Tower3 are excluded and further study is still in progress to accommodate these particular pods into the project.

The bathroom types listed in your letter are not part of our Scope and therefore not part of the Sub-Contract Works, as such, they do not fall under the provisions of Clause 3 “Variation” of the Sub-Contract Agreement or Clause 18.0(1) “Variations” of the Terms and Conditions of the Sub-Contract.

Finally, should you wish to execute these or any other traditional bathroom on the project using POD technology, please issue an official request for quotation to allow us to reassess the feasibility, evaluate cost, and advise you on the best way to unify the bathroom types to make them compatible with off-site construction and mass production.

In the meantime, as your instruction is not related to any of the Sub-Contract Works covered under our Sub-Contract Agreement, Xxx is under no obligation to carry out any works related to such an instruction.

Yours faithfully,

On behalf of xxx  LLC

xxx

Project manager