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: Serious delays in Delivery of Pods & Poor quality of Marbles
Dear Sir,
In response to your letter reference: xxx dated 7th May xxx but received on the 9th of May and the subject mentioned above, we would like to inform the following:
- Xxxx is not in delay as per the current site condition.
- Xxxx progress is fully in compliance with the program of delivery as we currently have over 100 completed pods available in factory (partially without marble), which is due to the below:
- Lack of consistency in the approval of the marble.
- The randomness of approvals by the Consultant and his complete disregard to the industry standards. I.e. On Thursday 7th May, your QA/QC manager (Mr. Arif) visited our factory and helped obtaining 3 approvals to 3 previously rejected sets. This shows that the consultant is not always rejecting on the basis of industry standards. Such rejections despite its number, can affect the sequence of work, stop completing a floor and moving to the next level.
- Withdrawal of many suppliers from the job due to the high rate of rejections.
- Reduction in the supply of sets to avoid extra risk of loss by the suppliers due to the high rate of rejections.
- The contract PC rate being not adequate and not in line with the expectations of the Consultant.
- The color scheme change received for Tower C2 and its effect on 55 No. of pods that were still to deliver by the date we received the information which is as follow:
- Prioritize the production and delivery of marble sets and per the new scheme and the time required to do so with above mentioned rejection rates.
- Order the additional cabinets as per the new color scheme and time required for production.
- Doing the rework to the pods after receiving the new cabinets and marbles.
Alongside all of that, till date our variation on that matter is being treated unfairly by the consultant with the WIR rejections received not considering the cabinets already installed on site.
- All the available 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 letters xxx and 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