Response to delay in completion Milestones 1 & 2

Our Ref: xxx

Date: xxx

To                    :           xxx Mideast

                                   Oman Branch

Attention          :           Mr. xxx Sing

Project             :           xxx Building, Oman

Subject                 : Response to delay in completion Milestones 1 & 2

Reference:         a) Xxx letter xxx dated 21 January xxx

Dear Sir,

We are in receipt of your letter ref: xxx dated 16 January xxx and we note that your letter is a general correspondence addressed to all your Subcontractors and not to Xxx specifically, nevertheless, we must make the following clarifications:

Xxx completed the delivery of all Pods under our scope more than a year ago on 12 December xxx and obtained final approval on all Pods installed on site on since 27 April xxx.

Moreover, Xxx has completed all necessary actions relating to the final snagging comments which have been raised on completed and approved works through subsequent NCRs and SORs. Inspections relevant to these final comments for final closure were fully submitted before 31 March xxx (appendix 1).

Finally, and with reference to the Engineer’s correspondence which you have enclosed in your letter reference above, we record that there are no recorded comments by the Engineer relating to any part of the scope of Xxx, whereas all images shared relate to the scope of the Main Contractor and other sub-contractors.

The attached correspondence from the Engineer has no relation either direct or indirect to the scope of works Xxx, and any LD/Penalty imposed by the Employer/Engineer to the Main Contractor to meet his own obligations will be the sole responsibility of the Main Contractor.

Accordingly, the contents of your letter are categorically rejected and Xxx will under no circumstance accept any deduction or penalty as a consequence of delays from other parties including the Main Contractor.

As we recorded earlier in our letter refer (a), any attempt to impose such deductions to Xxx will be a direct breach of our Subcontract and we reserve our right to take any and all actions we deem necessary to ensure our rights against such potential arbitrary and unfair actions.

All our rights are reserved

Thanks,

On behalf of Xxx LLC

xxx

Project Manager