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 : Unsafe working conditions on site
Dear Sir,
We have been shocked to witness the hazardous unrest & violent incidents which have occurred on the project site on 18 August M/s xxx (Contractor Name), during the BGC labors strike, which has led to breakage of offices and attack of personnel (appendix 1).
Due to the unsafe conditions and imminent safety hazard threatening the wellbeing of M/s xxx (Contractor Name) staff, we have temporary relocated our team (supervisor & labors) until such time as BGC has the site back under control and the safety of our team can be guaranteed by your company. Any resulting delay or impact on the Works will be on the account of BGC.
Furthermore, we again give you notice that you remain in a blatant and flagrant default of your Contractual obligations as you are continuously failing to certify our works and release our progress payments in accordance with the terms of our Sub-Contract Agreement.
You are currently in default for the certification of an amount of AED xxx and you have defaulted in the payment of all previously certified amounts including the advance payment. M/s xxx (Contractor Name) has not received its due payments due to your recurring acts of illegitimately post-dating LC documents.
Despite numerous notices and urges to comply with our payment terms by releasing payment and refraining from postdating LC documents, BGC has blatantly ignored all our pleas in complete disregard to any industry standards and its obligations under the law.
M/s xxx (Contractor Name) has fully financed your project and you are consciously putting our company in a position where we are unable to meet our financial obligations to our suppliers. You are fully liable towards the impact of such actions and the resulting damage to M/s xxx (Contractor Name)
We again reserve our rights for an Extension of Time (EOT) equivalent to the same number of days by which our advance payment is delayed in addition to the delays occurring in progress payments certification as listed above. We further reserve our rights to claim for any and all damages resulting from your direct actions and your recurring evidenced bad faith in the execution of the Sub-Contract Agreement.
We equally reserve our right to suspend the execution of the Sub‐Contract Agreement until full certification and payment of our outstanding dues in reference to Article 247 of the UAE Civil Code and/or to terminate the Sub‐Contract Agreement in view of your uncontested and unjustified default pursuant to Article 272 of the same Code.
All rights are reserved
Yours faithfully,
On behalf of xxx LLC
xxx
project Manager
