Response to Rejection of Marble Inspection due to Poor Quality
Our Ref: xxx
Date: xxx
To : xxx Middle East,
P.O.Box xxx,
Dubai – UAE.
Attention : Mr. xxx
: Project Manager
Project : xxx Towers Project, Dubai
Subject: Response to Rejection of Marble Inspection due to Poor Quality
Dear Sir,
In response to your letter reference: xxx dated 21st April xxxx, we noticed that XXXX are limiting their insight on a very limited number of rejections that occurred and which, the opposite of your statement, didn’t affect the deliveries of this week at all. Using such a narrow selection to again push the rejection of marble is not in the best interest of the project.
Please refer to our letter Ref. xxx dated 22nd April and our clarifications therein and we further repeat as follows:
We totally reject your statement “our Site progress and subsequent finishes are seriously impacted due to your ignorance in taking the concrete measures to control the rejections till date”. Xxxx has and is still putting all the efforts and doing all that it can to resolve the marble issue despite the following:
- Lack of consistency in the approval of the marble.
- The randomness of approvals by the Consultant and his complete disregard to the industry standards.
- Withdrawal of many suppliers from the job due to the illogical rate of rejections.
- The contract PC rate being not adequate and not in line with the expectations of the Consultant.
Furthermore, Xxxx progress is fully in compliance with the program of delivery as we currently have over 130 completed pods available in factory (partially without marble), these pods can be delivered immediately but are not being delivered as XXXX is choosing to hold the delivery of pods without the vanity top. Xxxx will under no circumstance be liable for your unilateral decision to delay the pod delivery without marble and your ensuing choice to potentially delay your own subsequent activities.
In closing and in reference to our letter xxx we remind you again that XXXX is in default on due progress payments and accordingly, Xxxx will not be liable for any delay caused by your default on your contractual liabilities and reserves its rights for an Extension of Time (EOT) equivalent to the same number of days by which your payment is delayed, in addition to the 84 days of default on the advance payment (please refer to our previous correspondence on this matter) and all other EOT claims related to change of design, delivery of free issue material… etc.
Yours faithfully,
On behalf of xxx LLC
xxx
Project Manager