Our Ref: xxx
Date:
To
xxx Contracting LLC
P. O. Box xxx
Dubai, U.A.E.
Attention : Mr. xxx, Group Procurement Manager
Project : : xxx Tower, Dubai – U.A.E.
Subject : Response to Design Guardian Site Observation Report No. xxx
Reference: a) xxx dated 15 December xxx
Dear Sir,
In receipt of your letter ref: xxx dated 02 January xxx, please refer to the below point wise response to each comment received.
- Tile Lipping issue: “The Contractor does not accept the reply as the tiles are free issue material and the lippage cannot be controlled as the comments have been issued to M/s xxx (Contractor Name) by ASCC & Client during mockup inspection of PODS in factory. UNIPOD is responsible to deliver the product good quality incorporating all the comments of the Client.”
M/s xxx (Contractor Name) Response: We again reiterate that the lipping is a direct consequence of cupping/bending in the tiles procured and supplied by the Main Contractor.
M/s xxx (Contractor Name) has raised its concerns on the quality of the supplied tiles since the first delivery and we have issued several quality reports to the Main Contractor in which cupping/bending and other issues relating to general dimension tolerances of the tiles were highlighted (Appendix A).
We have also already notified the Main Contractor that the varying differences in bends and undulations can even be observed in these tiles when selected from a same box. We further remind the Main Contractor that his own tile supplier has executed a mockup wall at the start of the project which has demonstrated very clearly to all parties that lipping is unavoidable using the available tile tolerances.
M/s xxx (Contractor Name) is delivering the best product quality possible based on the quality of tile materials delivered by the Main Contractor and no amount of workmanship can rectify bends and dimensional variances in the tiles.
M/s xxx (Contractor Name) is taking all possible measures to ensure that tile lipping remains as close as possible to the tolerance allowed by the project specification and international standards. However, we will not accept under any circumstance to be made responsible for any consequence resulting from the Main Contractor’s selection and procurement of tiles.
If the above is not acceptable, then M/s xxx (Contractor Name) will have no option but to reject any tile supplied by the Main Contractor which is not perfectly flat in all directions or which has a dimensional variance higher than zero.
- Grout color variation: “Noted. The Contractor instructs the Sub-contractor to rectify all the previous POD and ensure that the issue is eliminated in further deliveries.”
M/s xxx (Contractor Name) response: Noted. Please be informed that no color variation is being observed at the completion of the pods in factory or at delivery to site. However, if grout color variation is observed on site as a result of the material itself at a specific location, our team will attend to its rectification.
- POD Protection: “Agreed. The Contractor will ensure that the PODS are protected properly after installation.”
M/s xxx (Contractor Name) response: Noted. Subject is closed.
- Wash basin counter edges: “The Contractor does not accept the Sub-contractor reply as the wash basin counter edge is some PODS is much sharper and does not match with the external counter edge. Hence, Contractor instructs the Sub-contractor to rectify all the delivered PODS with such issues and ensure that in new deliveries, the Client comments are implemented.”
M/s xxx (Contractor Name) response: The response received from the Contractor is a general and subjective one. M/s xxx (Contractor Name) has implemented the comment received on the mockup pods in all subsequent production and reduced the vanity top inner basin edge to match the outer vanity edge.
If your comment relates to any specific pods, kindly list the pods that you consider as not matching with the requirement in order to address them individually.
Again, we reiterate that if you require M/s xxx (Contractor Name) to modify the outer edges to match the original mockup, disregarding previous comments, or to implement any new changes, we are able to follow this new instruction on sets that are not yet produced. Changing all sets which are already produced will lead to abortive works which will have commercial and time implications.
- Grouting to cistern countertop: “The Contractor does not accept the Sub-contractor reply that the grouting work was done by the Main Contractor since the vanity shelves have no connection with the cistern top. It is clearly Sub-contractor’s responsibility to ensure proper quality of works. Hence, The Main Contractor instructs the Sub-contractor to improve the quality of works and comply with Client’s comments.”
M/s xxx (Contractor Name) response: We refer to the comment of the Clientin the Site Observation Report which stated that this work should not be carried out on-site.
M/s xxx (Contractor Name) agrees with this comment and confirms again that we did not carry out any work on site related to the cistern countertop.
To our knowledge, the only work which has been done on site in these pods has been done by the Main Contractor during the shelves installation which was done by a third party appointed by the Main Contractor.
M/s xxx (Contractor Name) has no control over who is entering the pods on site and what type of work is being done by the Main Contractor or his subcontractors inside delivered pods.
You are requested again to inspect the pods within 24 hours from their arrival to site and before any party is allowed by the Main Contractor to access the pods.
We also openly invite the Engineer & the Client to inspect the pods in factory prior to delivery so that they may verify at their convenience the quality of the completed pods.
- Tile pattern type with corner “vein” to be omitted: “Noted. Main Contractor Instructs the Sub-contractor to implement the comments in further deliveries”.
M/s xxx (Contractor Name) response: Noted. Upon receipt of the observation M/s xxx (Contractor Name) has immediately started sorting out this tile pattern if found in all the new pods entering production from the date of the receipt of observation report.
This subject is closed for M/s xxx (Contractor Name), however, we have to stress again that from the amount of sorting which was done from the receipt of the observation report to this date, around 20% of the tiles delivered by the Main Contractor present a form of this tile pattern and has been sorted out and can be collected by the Main Contractor at his convenience. Any shortages in tile supply as a result of this segregation should be duly addressed by the Main Contractor.
- Water damage to bathroom shelves in a number of pods. Shelves should also fill entire width of recess and outer edge aligned with wall. Damage to tiles from later installation by Joinery Sub-Contractor in one powder room: “Noted”
M/s xxx (Contractor Name) response: Subject is closed.
- Tiles patterns for general wall tiles and shower feature tiles: “The Main Contractor does not accept the Sub-contractor reply that the tile pattern distribution has been effectively implemented as we have several locations with repeated tile pattern. Main Contractor instructs the Sub-contractor to comply with the Client comments that were also issued to Sub-contractor during mockup inspection.”
M/s xxx (Contractor Name) response: M/s xxx (Contractor Name) fully complied with the comment released on the Mockup Pods in Email dated 16 September xxx (appendix B) which states “tile print pattern variants to be re‐distributed to avoid any matching tiles being adjacent. This applies to both tiles (standard and feature)”.
Your response above is stating that M/s xxx (Contractor Name) didn’t effectively implement the tiles distribution as you have locations with repeated tile pattern. However, your general comment stating “repeated tile pattern” was not a comment issued to M/s xxx (Contractor Name) earlier, and is also not a comment that can be addressed with the current tiles patterns quantities we are receiving.
If you require a specific tile pattern to be followed, you are advised to provide us the exact design to follow, and provide the exact tile quantity matching each pattern exactly.
In addition, we remind you that when it comes to the feature wall, tiles are received in a single tile pattern and M/s xxx (Contractor Name) has maintained randomness by rotating this tile when possible, taking into consideration all other installation considerations including tile dimensional tolerances and lipping.
In Conclusion, M/s xxx (Contractor Name) implemented the pattern distribution to its best possible and our response in our previous letter reference (a) remains valid.
- L-Shape tile: “noted”
M/s xxx (Contractor Name) response: Subject is closed.
- Wall and floor tile alignment still requires coordination in some pods as discussed during shop drawing review and sign-off. Example below is within 1st floor powder room. “The Main Contractor does not accept the Sub-contractor reply and instructs the Sub-contractor to ensure that Wall & Floor tiles are properly aligned with each other in all the PODS which as per the Client Observation is clearly not matching.”
M/s xxx (Contractor Name) response: The wall and floor tile alignment is as per the approved drawings. Our response in our previous letter reference (a) remains valid.
- Potential clash of shower door with adjacent tiled wall in corner showers – review option to restrict door opening to 90 degrees. Inner shower door finger pull has been installed incorrectly in all showers reviewed. The finger pull recess needs to be on underside of the handle as noted in shop drawing reviews: “Noted for shower door hinge movement. For finger pull, the Main Contractor instructs that the shower door finger pull shall be fixed underside as instructed by the Client and rectify all PODS in such site which are not complying”
M/s xxx (Contractor Name) response for shower door: Noted. Subject is closed.
M/s xxx (Contractor Name) response for finger pull shower door handle: The shower handle finger is installed underside in all pods delivered to site. However the pull freely rotates 360 degrees at all times. This is in accordance with the approved material and we cannot control who might access the pod and rotate it to a different position.
M/s xxx (Contractor Name) has produced the delivered pods in full compliance with the approved design, approved drawings, and approved materials. Moreover, M/s xxx (Contractor Name) has made use of the Free Issue Material which has been supplied by the Main Contractor, the quality and compliance of which is under the Main Contractor’s sole responsibility.
We also remind you that M/s xxx (Contractor Name) is an off-site manufacturer which produces pods in factory, delivers completed units to site, then raises and secures approval for each pod upon delivery of pods to site and prior to installation. While M/s xxx (Contractor Name) will address any snags which are raised at final stage and during handing over in accordance with the terms of our Sub-Contract, we will not accept any rejection at final stage for which initial approval has been received, especially when such rejection relates to tiles, or any other Free Issue Material supplied by the Main Contractor.
We urge you to close the site observation report and issue to us the closeout document before 19 January xxx.
This is for your information and records,
Yours faithfully,
On behalf of xxx LLC
xxx
project Manager
