Response to allegations of delay in delivery and installation of pods.

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:                Response to allegations of delay in delivery and installation of pods.

Dear Sir,

We are in receipt of your letter reference: xxx dated 13 February xxx and we totally reject your allegations of delay and would like to note the following:

First, the Engineer letter ref: xxx dated 09 February xxx attached to your letter is referring to a schedule for delivery and installation of pods that was rejected by M/s xxx (Contractor Name) via letter ref: xxx dated 31 January xxx and therefore we do not hold any liability towards it.

Second, we remind you that the production and delivery of pods depends on the arrival of free issue item to our factory as pods cannot be produced unless all the materials are available and we haven’t been receiving the approved marble sets neither on time nor as per the sequence required which was communicated to you several times earlier and lastly in our letter ref: xxx dated 31 January xxx.

In fact the below 4 marble sets affecting 3 different levels are still required to be delivered to M/s xxx (Contractor Name) to complete the production of pods.

S/n	Building	Floor	POD Type
1	2	6	3.1
2	1	6	3M
3	1	7	1
4	1	7	1

Third, we also remind you that the installation progress is strictly related to your site readiness and obtaining the signed clearance for installation from the Main Contractor’s Civil & MEP teams.

M/s xxx (Contractor Name) are installing the pods immediately once the pods specific location on site are being cleared and after we obtain the relevant clearances.

Accordingly, there are no delays whatsoever neither in delivery nor in installation from M/s xxx (Contractor Name) and any delay highlighted by the Engineer is the sole responsibility of ASCC and can under no circumstances be attributed to M/s xxx (Contractor Name).

In the end, we urge you to release the certification for delivered pods, settle our overdue payment, supply the remaining marble sets, and M/s xxx (Contractor Name) will do the maximum to support you with the remaining deliveries.

M/s xxx (Contractor Name) will not be held liable for any direct or indirect impact on the site progress and work completion if it occurs due to your defaults on your financial obligations or your delay in supplying the Free Issue Material or your delay in site preparation and issuance of clearances. These liabilities reside with ASCC.

Yours faithfully,

On behalf of M/s xxx (Contractor Name) LLC

xxx

Projects Manager