Hi Khun Nuttawut (D&B),
As per the telephone conversation on 10th November 2015 with K Aloysius and yourself, please find the followings discussion deemed to be considered in your price submitted for International School:-
As requested by you, D&B 739-Loxley Consortia contractual arrangement to complete the remaining original contract works and the Raffles International School works. This shall be subjected to the approval of Raffles;
D&B 739-Loxley Consortia shall commit to a good financial standing with no payment issues etc. including best workmanship with zero defect practice shall strictly adhere to.
D&B 739-Loxley Consortia shall commit to the agreed dates to rectify all defects of Education Building by 15th December 2015 to the satisfactory of Raffles. This shall be the requirement for the taking over of the Education Building by Raffles and failing which Raffles shall impose LD at THB 298,663.77 per calendar day (to be reconfirmed) until the completion of rectification of any defects to the satisfactory of Raffles. With this, Raffles may consider to waive all LD that can be imposed to-date on the delay by the Contractor.
Upon issuance of Taking Over of Education Building, first half of retention shall be released. However, the 2nd half of retention (not exchanged with Banker Guarantee) shall only be released after Defect Notification Period of 12 Months.
The contractual arrangement of the Works executed by D&B 739-Loxley Consortia shall be by mean of one of the following two options subject to the agreement by both the Employer and the Contractor.
· Option 1
The Works including the International School works shall form as a new Supplemental Agreement following previous Supplemental Agreement dated 8th April 2015 to the original contract. The above item 1 to item 3 shall form part of the requirements of this new Supplemental Agreement. All the original Conditions of Contract shall remain unchanged.
· Option 2
The Works including the International School works as a new contract.
With this email, D&B 739-Loxley Consortia is to confirm all the conditions above in writing by Friday, 13 November 2015. This will also to be discussed and finalised in the meeting on Monday, 16 November with the Client (time will be confirmed). Thank you.
Kind Regards