Dear Khun Charoonrith,
Reference is made to your below dated 5th Dec, our email dated 4th Dec, Taking Over Certificate dated
3rd Dec and MOM dated 3rd Dec regarding Liquidated Damage and Mechanical Completion.
Despite of the fact that there is neither requirement to pay LD from MC date nor definition of MC
("Mechanical Completion") in accordance with the Contract, it is noted that you have requested to pay the
Liquidated Damage calculated by MC date as shown in the Schedule of Contract.
In the event of calculating the MC date as you insist, it is to be notified that the actual MC date shall be
Jul 4th not Sep 4th on account of the following facts;
1. As per the Schedule of Contract,
MC shall be acheived after Precomm before Comm.
2. As per PL-GR-007 (Precomm & Comm Procedure),
on Article 6.2.2 "Leak Test is the Precomm Field Activities", and,
on Article 6.2.4 "leak testing under operational pressures and loading is the Comm Field Activities"
Therefore, the MC date shall be Jul 4th as per attached Schedule.
3. In addition, the reason of the delay of leak test under operational pressure and loading is the delay
of the Hydrocarbon Feed Gas Supply due to DMF & SML approval.
4. Lastly, please remind that SCT has suffered from the cost and delay of Feed Gas due to the facts that
the feed gas was not availabe to be supplied on account of DMF & SML and the load tests & performance
test are still not available from the Low Feed Gas rate under Turn-down Ratio.
In this regard, as far as we are concerned that UAC has no right to requset SCT to pay LD by calculating
MC date, please kindly consider to pay final payment without any futher arguement of MC date.
Your due understanding and warm cooperation would be highly appreciated.
Sincerely Yours,
Encl. (130710)Schedule
DOOIK JANG / SCT ENC