1、Heading *CORPORATION LIMITEDDIAR DUSHANBE PROJECT PHASE 1Our Ref: /DDP/PE1/12/096 Date: October 21, 2012To: Mr. EngineerCC: IMS & the EmployerSubject: Notice of Suspension as per Sub-Clause 16.1 Contract ID: 55002348 Construction of Diar Dushanbe Project - Phase1The letters to be referred as follows
2、 in such chronological order:1) Ref No. QDT/2012-95 dated on 12th September 20122) Ref No.SHY/DDP/PE1/12/049 dated on 19th September 20123) Ref No.SHY/DDP/PE1/12/055 dated on 24th September 20124) Ref No. ODT/2012-111 dated on 4th October 20125) Ref No. QDDP-IMS-SNH-121005-792 dated on 5th October 2
3、0126) Ref No. SHY/DDP/PE1/12/080 dated on 9th October 20127) Ref No. SHY/DDP/PE1/12/079 dated on 9th October 20128) Ref No.QDT/2012-114 dated on 15th October 20129) Ref No. QDDP-IMS-SNH-121019-812 dated on 19th October 201210) Ref No. SHY/DDP/PE1/12/095 dated on 21st October 2012_Dear Sir,It is reca
4、lled that the Employer has confirmed with the ICBC Doha Branch on the meeting held in QD Headquarter on 12th September 2012 that the templates of PG & APBG as made part of the Contract Document in Pages 0155 through 0159 shall be followed as mentioned in the Ref.1). Subsequently, we furnished the Em
5、ployer with the agreed APG on 24th September 2012 through the Ref.3). Unfortunately, the Employer further notified the Contractor through its Agent IMS to amend the APG by incorporation of the following viz. “This Guarantee Bond and the benefit thereof shall not be assigned without the prior written
6、 consent of the Guarantor and the Contractor, such consent not to be unreasonably withheld or delayed.” Ref. 4) &5). We understand that the amendment as requested by the Employer is totally inconsistent with the agreement reached previously, which consequentially resulted into the process being unfo
7、reseeably stretched onwards. Upon receipt of such notification, we immediately replied the Employer with our explicit point of views and the relevant historical scenarios for earlier finalization in this regard as referred above No.6). Meanwhile, we submitted the Interim Payment Application No.1 for
8、 advance payment as entitled under the Contract through our letter Ref. 7) on 9th October 2012 for Payment Certification. We kindly draw your attention to the Sub-Clause 14.7 Paymentquote “the Employer shall pay to the Contractor (a) the first installment of the advance payment within 42days after i
9、ssuing the Letter of Acceptance or within 21days after receiving the documents in accordance with Sub-Clause 4.2 Performance Security and Sub-Clause 14.2 Advance Payment, whichever is later;”-unquote. Till date, we have contractually fulfilled to provide you with the PB through the Ref. 2) and the A
10、PG by 24th September 2012. Accordingly, the advance payment due to the Contractor shall be effected prior to the Day 15th October 2012 because the deadline as specified is within 21days since from the provision of both the PG &APG. More worse is that the Employer again issued us a letter under the R
11、ef.8) &9) regarding the Advance Payment Bank Guarantee QD Position-further clarification on 19th October 2012, wherein he still firmly remained his position unchanged. According to the Sub-Clause 14.2 Advance Payment “the Employer shall make an advance payment, as an interest-free loan for mobilizat
12、ion, when the Contractor submits a guarantee in the form annexed to the Conditions” (please refer to the form of APG as enclosed herewithANNEX B), we understand that the timely effect of the advance payment shall bear profound significance to ensure the smooth mobilization of various resources for t
13、he Project. At this juncture, the mobilization of the various resources has been indisputably and severely delayed due to the same. Considering the time being dramatically elapsed since from the Commencement, we alternatively propose as follows:1. We agreed to amend the Advance Payment Guarantee as
14、notified by the Client on the compromise basis and shall furnish the amended Guarantee upon the finalization between the Contractor and the approved Banker viz. ICBC Doha Branch in due course, which shall be deemed as our undertaking of the provision of the same. 2. It is a lengthy process to finali
15、ze the amended Guarantee. Hence, to minimize the negative consequence resulting from such delayed payment event, we kindly ask you to release the payment due to the Contractor as soon as possible. The alternative proposal has been separately given by the Contractor to the Employer on 21st October 20
16、12 through the Ref.10). Besides that, according to the Sub-Clause 16.1 Contractors Entitlement to Suspend Work-quote “ if the Engineer fails to certify in accordance with Sub-Clause 14.6 issue of Interim Payment Certificate or the Employer fails to comply with Sub-Clause 14.7 Payment, the Contractor
17、 may, after giving not less than 21days notice to the Employer, suspend work (or reduce the rate of work) unless and until the Contractor has received the Payment Certificate or Payment, as the case may be and as described in the notice.”-unquote, we kindly remind you that the Interim Payment Applic
18、ation No.1 has not been certified by the Engineer and the Advance Payment 10% of Contract Price as entitled to the Contractor has also not yet been effected by the Employer till date. Under such circumstances, we hereby notify you that the Work shall be suspended if the late payment event could not
19、be ceased to the end upon the expiration of 30days. Meanwhile, we shall reserve our entitlements to claim the followings under the Contract:l the financing charges under Sub-Clause 14.8 Delayed Payment;l any extension of time for any such delay, if completion is or will be delayed, under Sub-Clause
20、8.4 Extension of Time for Completion, andl the payment of any such Cost plus reasonable profit, which shall be included in the Contract Price. Anyhow, if the Contractor subsequently receives such Payment Certificate and Payment in due time, we will assure you that the suspension or reduce the rate o
21、f work should be never invoked due to the same. Hopefully, the matter in this regard could be dealt with high priority by the Employer and the contractual issues could be amicably settled in due course and in due time. Assuring you of our best cooperation at all times.Yours faithfully, *Project Manager of Construction of Diar Dushanbe Project Phase 1* Corporation LimitedEnclosures: The forms of APG as enclosed herewithANNEX B
