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 : Updates on the delivery of tiles, sanitary wares & accessories, marble.
References: a) xxx dated 21 June xxx
b) xxx dated 07 July xxx
Dear Sir,
We are writing to you following our previous letter ref (i) above to provide you with the latest updates on the tiles, sanitary wares and accessories.
- Tiles – M/s xxx items
The floor & wall tiles Ancona Smoke (300 x 600 mm) were delivered to M/s xxx (Contractor Name) on 14 October xxx as per the attached delivery note (appendix 1).
A sample from the received batch was submitted to you on 17 October xxx for approval (appendix 2). However, till date and after more than a week from the sample submission, M/s xxx (Contractor Name) did not receive any approval on the tile submitted to allow us to start the production.
We remind you that without the formal approval of tiles, M/s xxx (Contractor Name) are unable to start the production.
- WC & Washbasin – Duravit
The WC & wash basin are received in M/s xxx (Contractor Name) factory.
- Mixers, shower sets, shower arms, hand spray shattaf – VADO & EMPOLO
As per the latest update received from the supplier on 24 October xxx (appendix 3), a partial delivery of the materials is expected to arrive to M/s xxx (Contractor Name) on 27October xxx.
However, the balance quantities which were expected to reach Dubai by 20 November xxx as per last communication from the supplier (appendix 4) is now expected to arrive by 15 December xxx at the earliest.
M/s xxx (Contractor Name) has strong reservations that these dates will be achieved due to the supplier’s unwillingness to provide any supportive shipping documents to validate communicated dates.
If the partial delivery is received on the 27 October xxx as stated above, the following balance items will be remaining:
- Basin Mixer for all pods à M/s xxx (Contractor Name) will install the basin mixers on site as support to the Contractor to avoid any impact on the production and delivery of pods upon confirmation by ASC that the overall pod approval, certification, and payment will not be withheld due to the shortage of this item.
- Shower mixer à only 50 pcs are expected be delivered on 27 October xxx. For the balance quantity, M/s xxx (Contractor Name) will install the shower mixer in the balance 206 pods on site as support to avoid any impact on the production and delivery of pods upon confirmation by ASC that the overall pod approval, certification, and payment will not be withheld due to the shortage of this item.
- Concealed shower valve à 120 pcs are already in stock. However, the production for the last 139 pods are directly related to the arrival of the pending 139 pcs of concealed valves. Accordingly we will keep you appraised with the updates regarding the arrival of this material.
We are again advising you to select locally available models/brands for the above items to mitigate the evident risks associated with procuring this material from overseas. Please let us know as early as possible if you would like M/s xxx (Contractor Name) to submit locally available alternatives for any of the material listed above so that we can take necessary action at the earliest
- Concealed cistern tank – SANIT
This item is delivered to M/s xxx (Contractor Name).
- Free Issue Material – Marble
We have received 15 sets of marble “Bianco Carrara” from the Contractor on 24 October xxx through your supplier M/s Al Safa Marble.
It was observed by our quality team (appendix 5) that all the edges of the received vanity tops were sharp and there is color variation between the cistern tank and the vanity top in one of the sets.
Please note that as per the project requirement, and the comments raised by the Engineer on the mockups that all edges must be polished and no color variation between the same set is acceptable.
Therefore, as your marble material deviates from the project requirement, we need your clear confirmation that your delivered marble sets are approved and can be installed by M/s xxx (Contractor Name) in the Pods as per our Subcontract.
In closing, we urge you to provide us with the official approval of the floor and wall tiles delivered by M/s Home Items and with your confirmation to make use of the marble sets delivered by M/s Al Safa marble as these items are critical for production.
We also require your confirmation that delivering the pods without the mixers will not have any impact on the overall pod approval, certification and payment.
As we have previously stated, we will continue to extend all possible support to the Contractor, including increasing our rate of pod production whenever possible to provide pods to your site in the shortest time frame possible once all material arrives. Nevertheless, we remind you again that you remain solely responsible for delaying the release of the Subcontract Agreement to a date almost two months beyond what is stipulated in your own baseline Programme.
M/s xxx (Contractor Name) has provided the Contractor numerous warnings prior to receiving the order on the risks associated with delaying the release of the Subcontract Agreement especially considering the origin of the procured materials and the current pandemic, and M/s xxx (Contractor Name) shall not hold any responsibility neither direct nor indirect for any delay to the project resulting from ASC own conscious actions.
In the end, with reference to our letter ref (k), we remind you that we are still waiting you to withdraw the notices of delay to avoid undesired consequences on the project.
All rights are reserved.
Yours faithfully,
On behalf of M/s xxx (Contractor Name) LLC
xxx
Projects Manager
