Response to Delay in Engineering Resubmission & Obtaining Engineer’s Approval.

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                 : Response to Delay in Engineering Resubmission & Obtaining Engineer’s Approval.

References

1. BGC letter ref: xxx dated 14.07.xxxx
2. M/s xxx (Contractor Name) letter ref: xxx dated 19.07.xxxx
3. BGC letter ref: xxx dated 04.08.xxxx

Dear Mr. Sasi,

With respect to the above subject and references and in response to your letter ref. (c) above, I must raise our serious concern about your opinionated approach to address the subject, which whether intentionally or unintentionally is misinterpreting facts and find my reply below:

1. Precast concrete base (PDLM-MW-UNP-MT-AR-00408):
2. Precast concrete base material was already approved on previous phases of this project without consideration of DM circular 225, and M/s xxx (Contractor Name) has submitted this material accordingly. (A1)
3. The new compliance requirements were made mandatory on this phase and M/s xxx (Contractor Name) has done all the necessary to revise and retest a new mix design for compliance including a 28-day cube text. This material is now approved.
4. Your statement that M/s xxx (Contractor Name) has delayed submission is categorically rejected.
5. Wall & Floor tiles (PDLM-MW-BGC-MT-AR-00393):
6. Please refer to our letter ref: xxx dated 06 Aug xxxx.
7. On 06 August xxxx, we also have received a copy of the rev.2 submittal rejected with the following comments: “proposed sample is not matching with the one approved for BGC via submittal # MT-AR-208 for pods and maid’s bathroom & powder rooms”.
8. We are extremely surprised that BGC has an existing approval for this specified tile, and that you have omitted to share a copy of such an approval with M/s xxx (Contractor Name) which would have allowed us to place our procurement accordingly. BGC is held fully liable for that.
9. You are now requested to share the full approval document copy of BGC Material Submittal #MT-AR-208 along with the approved sample, in order for M/s xxx (Contractor Name) to check stock availability with M/s Home Items and revert back accordingly.
10. Vanity top, back splash & cistern top marble: (PDLM-MW-UNP-MT-AR-00392)
11. Following the initial submission of the marble material from the nominated supplier M/s Ascon, the supplier has, following multiple efforts from M/s xxx (Contractor Name), failed to provide any support to comply with comments or any quotation to secure supply.
12. On 25 June xxxx we attended a meeting with the Engineer where we raised our concern about M/s Ascon and the availability of material, but we were strictly informed that M/s Ascon shall not be replaced.
13. On 09 July xxxx, we finally received M/s xxx quotation dated 08 July xxxx with a condition that approval on the slabs must be given based on photos from oversees Quarry (A2). We immediately raised our concern by Email to BGC on the same day (A3).
14. A joint urgent meeting was held on 15 July xxxx with BGC and the Engineer during which the Engineer called the supplier (M/s Ascon) who indeed confirmed to him the non-availability of marble and the lead time of supply (A4).  Based on that, the Engineer agreed to check alternative material.
15. Three alternative samples from a local supplier were immediately sent by M/s xxx (Contractor Name) to the Engineer’s Office on 16 July xxxx out of which (1 No) sample was found acceptable. The Engineer confirmed to you via Email on 18 July xxxx that the marble issue is resolved. (A5)
16. The material submittal was subsequently prepared and resubmitted and is currently under review.
17. M/s xxx (Contractor Name) also sent the material submittal for an alternative supplier on 09 August xxxx to have more than one option of locally available materials and we urge you to secure an approval of this supplier as a backup.

Finally, we have placed on record that BGC has failed to forward to us the official comments and document transmittals received from the Engineer for over two months as clarified in our previous letter ref (b). This has directly impacted our procurement process. BGC is held fully liable for this and we fully reserve our rights to claim for Extension of Time in relation to the above.

Yours faithfully,

On behalf of xxx LLC                                                                      

xxx

project Manager