Project Tilal Al Ghaf, Harmony Villas, Dubai, United Arab Emirates

Subject Sub Contract Agreement Comments

Date 1st Mar 2022.
Revision 00.

Clause Reference Page No Clause Amendment / Comment From NAL (01) ASGC Respond Amendment / Comment From NAL (02) ASGC Response-10-03-2022 NAL Response-10-03-2022

Particular Conditions

To Retract - The term "Implied" is vague there for to be

2 Implied Contract Requirement Noted & Agreed Agreed - To be added by IBUILD
removed

The Subcontractor shall observe the priority of

documents as defined in the Subcontract which is
Agreed for the ordering concepts, but to mention
based on the Main Contract.
clearly that Façade Contractodr is following spces
In case of any discrepancy between the No need to make such specific statements.Subcontract document including the
To Amend - Specifications and Drawings provided at and Drawings "provided at tender stage", (in order to Noted, Will double check and confirm all documents
3.f 2 The Specifications documents which were originally part of the issued specification are provided under Annexure E. Please check and confirm your
the stage of tender claim variations for any design changes shown in again
documents and not highlighted by the acceptance. No further changes are required.
later Specs or Drawings provided after tender and
Subcontractor during tender,the
pricing stages)
Contractor/Employer will issue clarification as
required for Subcontractor’s compliance.

Not acceptable. Subcontract includes all works required to be executed in

BOQ Items are indicative for lump sum contracts in
irrespective of whether or not such works are included in To Amend - irrespective is to be replaced by accordance with the drawings and specifications irrespective of item is included
7 3 Noted & agreed Qty Aspects, Any new/additional item description to To be discussed in meeting
the Bill of Quantities respective in the BOQ or not. Any change in drawing or specification shall be treated as a
be claimed as per variation clauses.
variation.

The Subcontract is lump sum based on the Subcontract

Documents. For the avoidance of doubt.
the Subcontract Amount is fixed for the duration of the
Main Contract. The duration is deemed to
mean the period from the commencement date until the
issuance of the Defects Liability Not acceptable.The Subcontractor shall not be Foce Majeur Clause is mandatory to be refered to Force Majeure clause can be added in line with the provision of Clause 66 of
NAL Comment - Not applicable when facing Force
7.e 3 Certificate by the Employer. No adjustment to the Subcont entitled to any additional costs arising out of or in UAE Laws for Force Majeur Cases ( for cost / time the Main Contract. (copy attached for reference) . No further amendments are To be discussed in meeting
Major Events
ract shall be made in respect of the rise connection with Force Majeure. impacts events) acceptable.
or fa ll in the cost of labour and/or plant and/or mat erials or
due to currency fluctuations or any
other matter affecting the costs of the execution of the
Subcontract Works including but not
limited to

Performance of the Subcontract Works in accordance with

actual work Site Conditions, all local regulations, and the NAL Comments - Subject to the Agreed Logistic and
7.e 4 Noted & agreed Agreed - To be added by IBUILD
regulations/requirements of the Contract Administrator/ Clearance Plan
Employer

Flexibility in carrying out the Subcontract Works due to

NAL Comment - Without impacting a major delay to
7.i 4 possible interference from other subcontractors sharing Noted & agreed Agreed - To be added by IBUILD
Subcontractors scope of works
work areas.

NAL Comment - Subject to Approvals reference to

All items shall be covered by the manufacturer's
Specifications and Drawings made available at the Project Specification and DWG are the reference for
7.n 4 warranty/guarantee as per the project specification and Please clarify the concern. No Objection
stage of tender ( to avoided any conflicts of interest in Client approval, word "and" shall be removed
subject to Contract Administrator's/Employer's approval.
the future)

To Add - Domestic Variation with Reference to Façade Contractor to proceed for any design
No variation to the Subcontract shall be accepted unless
Variation Clause, Work to be proceeded upon changes "UPON variation confirmation letter Noted. We will add " except for domestic variations which will be confirmed by
7.o 5 the same has been agreed and approved Noted & agreed. Please clarify the last sentence . To be discussed in meeting
Providing letter for variation confrimation. (No amount considering the design changes as additional works" the Contractor"
in writing by the Contract Administrator/Employer
to be concluded in the mentioned letter) - Amount can be concluded in later stages

The Subcontractor is to execute the works in accordance

with the intent and meaning of the
drawings and specifications and is to supply all
7.q 5 items/accessories necessary for the proper To Amend - the words intent and meaning be removed Noted & Agreed. Agreed - To be added by IBUILD
execution of the work and is to execute all work which may
be inferred whether or not specifically
shown or described.

NAL Comments - Subject to the Specification's

The Subcontractor should comply with project sustainable BREEAM Standards was not mentioned at tender
provided at the time of tender if there to be a conflict
ity requirements (BREEAM Communities Subcontractor shall comply as per the Subcontract stages in any provided documents, the clause is
8.i 5 between the Breeam Requirements and any other Not acceptable. Mandatory requirement as per the Main Contract. To be discussed in meeting
and BREEAM International Rating required for the documents.Clause shall remains the same. mandatory in case of conflict between mentioned
documents which shall effects a increase of price shall
Permanent Works classified as 'Very Good') standards and specs
be treated as a Variation

As discussed earlier wth IBUILD team Shop

Noted , however, it is the sole responisbility of the Drawings cannot be released reference to Site As
Carry out site measurements of the sizes of items under To Retract - Subcontractors shop drawings shall be
Subcontractor to comply with the actual built, as it will submitted before full construction, Sub contractor has been already confirmed the inclusion of the site
8.o 6 the subcontract works for the purpose of preparing shop prepared in accordance to approved pre cast shop To be discussed in meeting
requirement at site in terms of dimensions and Accordingly it should bem entioned in contract to measurements as per the signed scope of works.
drawings of such items. drawings
numbers. follow Pre-cast SD accomodating concrete tolerances
as per specs

For any Material on Site, 70% of the Material Invoice Value

shall be paid in Monthly progress payment against
satisfactory delivery of materials and upon receipt of
Material Invoice with delivery notes & approved Material
Inspection Requests by the Employer's Consultant/ To Amend - NAL Request for 70% Material On Site Payment against Material on site can be agreed to
9.f 7 Agreed - To be added by IBUILD
Contract Administrator. However, the materials receivable against the BOQ rate 60% of the BOQ value.
for Material on Site payment shall be subjected to the
approval of the Employer's Consultant/ Contract
Administrator/ Employer and shall be in accordance with
the List provided under the Main Contract.

The Subcontractor, within 14 days after receiving this To Amend - as from signing the Subcontract
9.i 7 Noted & Agreed Agreed - To be added by IBUILD
Subcontract Agreement Agreement

the Contractor shall at his sole discretion without prejudice

to any other rights or remedies he may have under this
agreement, may withhold an amount equal to 10
percentage of the difference between the planned and
actual revenue, from the amount due
To Retract - the Subcontractor requests to remove this
9.i 7 to the Subcontractor. Noted & Agreed Agreed - To be added by IBUILD
clause
All such sums withheld by the Contractor will be
reimbursed upon successful l recovery of the cash
flow/revenue by the Subcontractor or upon completion of
the subcontract works.

Wherever applicable, Subcontract Works shall be carried

out in strict accordance with the latest
NAL Comments - the Subcontractor had considered Noted.However, adjustment due to changes on
rules and regulations laid down by any Statutory
8.j 5 latest rules and regulations available at the time of legislation shall be dealt with on a back to back Agreed - To be added by IBUILD
Authorities. The subcontractor should submit al l
tender basis with the main contract
required document s, warranties, third-party material test
results, certificates, etc.

and (iii) approval of prequalification / technical / material To Retract - technical / material submittal. (Not related
9.a 6 Noted & agreed Agreed - To be added by IBUILD
submittal by Employer's Consultant/Contracts Administrator to releasing the Advance Payment)

approved works shall be certified within 30 days from the To Amend - 30 Days from the Invoice submission
9.e 7 invoice date and payment amount shall be released within date and payment amount shall be released within 60 Noted & agreed Agreed - To be added by IBUILD
30 days from the certificate date, days of from the Invoice submission date
 The preparation of engineering/shop drawings as per the
latest revision, submission of necessary
method statements, calculations as per latest revisions,
and any new design editions/information Subject to Clause 11 Variations as submissions for Noted. However any changes in programme of
10.a 8 that may arise during the execution of these Subcontract any additional works will vary from the originally works shall be in accordance with the Contractor's Agreed - To be added by IBUILD
Works. The obtaining of all necessary intended submission schedule approval.
approvals from relevant statutory authorities/bodies, as well
as however, not limited to the Contract Administrator/
Employer of all submissions.

The timely compliance with any acceleration and/or

recovery programmed deemed necessary by
the Contractor, or by which either the Contractor and/or
Employer and Contract Administrator
determine is necessary for developing and following the Noted, any such acceleration is required for
Applicable only for direct delays made by the
10.g 8 regular progress of these Subcontract reasons not attributable to the Subcontractor shall Agreed - To be added by IBUILD
Subcontractor
Works, during the execution time of the Project; such be at an additional cost.
acceleration shall not be subjected to any
additional costs unless the Contract Administrator /
Employer agrees to pay such acceleration
costs to the Contractor.

The Subcontractor is responsible for all Site measurement Site Measurement Prior to Production is not
which is to be taken prior to the To Retract - Subcontractors shop drawings shall be applicable as long it will prolong production duration
It is the sole responisbility of the Subcontractor to
commencement of any of these Subcontract Works and it prepared in accordance precast concrete approved after the site construction for each villas, As Sub contractor has been already confirmed the inclusion of the site
10.m 9 comply with the actual requirement at site in terms To be discussed in meeting
sha all be the Subcontractor's shop drawings and considering tolerance specified in discussed with IBUID team, Production will follow measurements as per the signed scope of works.
of dimensions and numbers.
responsibility alone to ensure the accuracy and adequacy specifications approved Shop Drawing acoomodating Concrete
of any/all of their installations. Tolerances as per specs.

As proper Site storage facilities are limited, the

Subcontractor will arrange whenever may be
NAL Comments - The Subcontractor shall be able to
required and/or requested by the Contractor, without any
raise Material Inspection Record and Include materials Clause shall be deleted. Furthermore, material off
10.p 9 additional l cost, for relevant off-Site Agreed - To be added by IBUILD
delivered in the payment application for Materials site payment is not accepted.
proper controlled storage to the complete satisfaction of
Stored at off site storage locations
the Contractor, Contract Administrator,
and/or Employer.

Approval of all Subcontract materials with necessary test

To Retract - "and required standard by Contract
reports in accordance with the Contract specifications and Mandatory requirement, Clause remains the Project Specification and DWG are the reference for
11.c 9 Administrator / and or Employer" and Replace with No Objection
required standards by Contract Administrator and/or same. Client approval, word "and" shall be removed
"Drawings and Specifications"
Employer.

The wordings in your comment is not included in

Full and satisfactory maintenance of the completed To Retract - "and required standard by Contract the Clause. However, remendy of defects shall
Any approvals or standards to be mentioned " We will amend as " full and satisfactory remedying of defects in accordance
11.h 9 Subcontract Works to the complete approval Administrator / and or Employer" and Replace with required as per the Subcontract documents and
referring to project specifications" with the Subcontract Documents"
of the Contractor, Employer, and Contract Administrator. "Drawings and Specifications" subject to the approval of the Contractor, Employer
& CA.

Full and satisfactory maintenance of the completed

To Replace the word "maintenance" with " Remedy
11.h 10 Subcontract Works to the complete approval of the Noted & Agreed. Agreed - To be added by IBUILD
any Defects"
Contractor, Employer, and Contract Administrator.

General Conditions of Subcontract

NAL Comment - Subcontract Scope of works will be

protected by using standard protection tape as per the
4.5 16 Care of the Subcontract Works recommendation of the suppliers any unforeseen Noted Agreed - To be added by IBUILD
damages by any party other than the Subcontractor
shall constitute a Variation
Not acceptable. DLP shall be 13 month from the
To Amend - Defects Liability Period is only limited for
4.8 17 Defects Liability Period TOC in accordance with the Main Contract Noted - to remain same
12 months from the date of Taking Over Certificate
requirment.

Can be accepted maximum to 10 days since the

To Amend - Notification period to be 14 days of the
10 21 Notices and Claims. Contractor shall give notice to the CA/Employer To be changed to 10 "Working Days" Noted
occurrence of the event
within 14 days after the event has first arisen.

To Amend - Notification period to be 14 days of the

11 22 Variations. Not acceptable, clause remains the same. To be changed to 10 "Working Days" Noted
occurrence of the event

For domestic variations we shall accept OHP of 8%.For Main Contract

Overhead Margin for Variations which the cost cannot
12 23 Valuations of Variations. Maximum of 5% can be accepted. requested to be 8% variations OHP shall be subject to approval of the Employer/Contract
be determined from excising BOQ rates to be 10%
Administrator on a back to back basis.

Annexure E : List of The rates for ironmongery shall include for: - Suiting under
Documents - Section master or sub-master key systems;
H - Doors and To Retract - Master key systems were considered as Requirements as per the project documents to be followed and please confirm Noted, Will double check and confirm all documents
47 No Master Key in NAL Scope
Windows - Rates and The rates shall include for providing key identification tags a requirement in Subcontractors price your compliance to the issued documents. again
Prices - F - 2 & H and split rings, and for master keying as specified or
required.
Annexure F :
Forming in Floor/ Walls - No a Part of NAL's Scope of
Responsibilities 3 Forming in Floor/ Walls (General Contractor Works only) Noted & Agreed Not in NAL Scope
Works
Matrix - Item K
NAL is not in receipt of the Baseline Programme and
requests for the Main Contractors Baseline
Shop drawings To be submitted within 2 weeks (14 Calendar days) after Subcontractor shall coordinate with the site team
Programme - NAL Programme to be submitted
submission Commencement date for the programme related concerns.
reference to BL Program and Clearances given by
IBUILD

Materials To be submitted within 2 weeks (14 Calendar days) after

submission Commencement date

The Subcontractor to obtain approval on his method of

Method Statement statement at least 2 weeks (14 calendar days) before the
installation at the site Façade Contractor Program to comply wioth BL
Annexure G : Program and milestone irrespective of reauired
We will advise as per the site clarifications
Programme of Works duration, These clauses to be refereing only to Main
To be delivered to Site within 2 Weeks (14 Calendar days) Programme durations.
Materials order and after the materials approval. Subcontract to coordinate with
Delivery the Construction Manager for storage before delivery of
materials at site.

The Subcontractor to complete 12 Villas/weeks (20 weeks)

duration for 240 Villas) including all the works related to his
Installation at the scope of works under the Subcontract Agreement. Upon
site Commencement of Works, the Subcontractor to obtain the
sequence of Works and access dates from the Contractor
to prepare his programme of works.

Site Measurement Prior to Production is not

Item i - To Retract - Subcontractors shop drawings applicable as long it will prolong production duration
It is the sole responisbility of the Subcontractor to
Annexure K : Scope shall be prepared in accordance precast concrete after the site construction for each villas, As Sub contractor has been already confirmed the inclusion of the site
1-2 Item i - Site measurements comply with the actual requirement at site in terms To be discussed in meeting
of Works approved shop drawings and considering tolerance discussed with IBUID team, Production will follow measurements as per the signed scope of works.
of dimensions and numbers.
specified in specifications approved Shop Drawing acoomodating Concrete
Tolerances as per specs.

Annexure K : Scope Item iii - Compliance with project BIM requirements as per Item iii - To Retract - BIM requirement were considered BIM will be required only incase if mentioned in the project documents. Please Noted, Will double check and confirm all documents
1-2 Please clarify Not in NAL Scope
of Works specification. as a requirement in Subcontractors price. confirm your compliance. again

Annexure K : Scope Item xii - Fly screen as per the project requirement shall be Item iii - To Retract - Fly screen requirement were FlyScreen was not included in Tender Stages, Fly screen will be required only incase if mentioned in the project documents. Noted, Will double check and confirm all documents
1-2 Please clarify
of Works under the scope o f Subcontractor. considered as a requirement in Subcontractors price. Accordingly it shall be claimed as variation Please confirm your compliance. again

Façade Scope of Works:

- Glazed Curtain wall and aluminum doors and
Item vii - Complete built up of glazed curtain wall / windows with related components and waterproofing
aluminum solid / composite panel / sandwich panel membrane and sealant. (as per Drawings and
cladding, inc luding all relevant framing, secondary Item vii - Strictly in accordance with the drawings and Specifications provided at tender stage).
Annexure K : Scope Please clarify if any of the listed scope of works is Referred requirements will be required only incase if mentioned in the project
1-2 supports, insu lations, cavity barriers & specifications made available to the Subcontractor at - External and Internal (Stairs only) Glazing To be discussed in meeting
of Works not required in this project. documents. Please confirm your compliance.
closures, front & back pans, glazing, water proofing the time of tender Balustrades with its related fixation including top rail
membranes, gypsum/ cement boards, and sealant.
sealants, bracketry, any special fittings & other elements. - Aluminium Louvers works (as per Drawings and
Specifications provided at tender stage).

Item xvi - Final external and internal cleaning prior to

Annexure K : Scope the Subcontractor has considered One time final
2-2 handing over of the Subcontract Works to the Employer is Noted Agreed - To be added by IBUILD
of Works cleaning
included in Subcontractor's scope.
Item xxii - All statutory authority latest requirements which
include but not limited to Civil defense, Noted.However, adjustment due to changes on
Annexure K : Scope To Amend by adding "latest requirements at the time
2-2 Munic ipality, UAE fire & life safety code-2018, etc. to be legislation shall be dealt with on a back to back
of Works of tender"
fully complied by the Subcontractor at basis with the main contract
no additional cost & time to the Contractor.
Main Contractor is requested to include clause related
Force Majeure Noted & agreed
to Force Majeure events
The Subcontractor in not in the receipt of the Main
Provisions of the
Contract and request the Main Contractor to provide A copy of the MC can be provided in due course.
Main Contract
the Main Contract