Our Ref: xxx
Date: xxx
To : xxx Contracting Company LLC
P. O. Box xxx, Dubai, U.A.E.
Attention : Mr. xxx, Senior Project Manager
Project : xxx Tower, Dubai – U.A.E.
Subject: Submission of TAX INVOICE LOC/xxx/00022
References: a) Main Contractor’s letter: xxx dated 28 January xxx
b) M/s xxx (Contractor Name) letter UP‐1769/LET‐1327‐21/LS‐ng dated 09 December xxx
Dear Sir,
We are writing to you following our previous letter ref (h) above concerning our concerns on the delay in certification, short certification, deduction and LC discrepancies.
According to your QS team, the PC #8 issued on 21 June xxx (appendix 1) will not be revised and any adjustment will be made in the next payment certificate only.
The financial damage you have caused and are still causing M/s xxx (Contractor Name) in delaying our certification, in short certifications or our progress payments, is leaving us with no other option but to submit the TAX Invoice (appendix 2) along with LC documents for acceptance for onward submission to bank based on the arbitrary amount you have noted on your PC #8 for the month of April xxx.
It must be clear that submitting this invoice does not infer in any acceptance by M/s xxx (Contractor Name) on the amount certified or on the arbitrary deduction included therein, nor should it be considered as an acceptance on the part of M/s xxx (Contractor Name) on the change in payment terms that ASC is implementing in the LC in direct breach of our Subcontract Agreement.
Finally, we urge you to accept the LC documents and to issue the next Payment Certificate on immediate basis with respect to your earlier commitments by fully certifying the balance amount and reversing your arbitrary deduction.
M/s xxx (Contractor Name) will not be liable for any consequences caused by your default on your contractual liabilities and we reserve our rights under the Terms of our Subcontract Agreement to claim for all the damages and loss your default has caused to M/s xxx (Contractor Name) in addition to an Extension of Time (EOT) equivalent to the same number of days by which the advance payment, L/C establishment, certification and progress payments are delayed.
Yours faithfully,
On behalf of M/s xxx (Contractor Name) LLC
xxx
Projects Manager
