Zapopan; Jalisco october 2nd, 2024

XXXXXX S.A. DE C.V.

CALLE XXX XXX, NO. XXX, PISO X,
LOCAL XXXX COLONIA XXXXX, X SECCIÓN
ALCALDÍA XX XX, C.P. XX
CIUDAD DE MÉXICO, MÉXICO
ATTENTION: MR. XXX

DOCUMENT NUMBER:
000/00/2023

REFRENCE
CLAIM FOR DEDUCTIVE HVAC INSULATION

Dear XXX,

Reference is made to the Contract Agreement for the Architectural and Fit-out Works for XXX XXX
(hereinafter the Contract) dated as of May 12th, 2023, entered into by and between XXX XXX XXX, S.A.
de C.V. (hereinafter the Employer) and XXX y XXX XXX, S.A de C.V. (hereinafter the Contractor),
collectively (hereinafter the Parties).

We hereby submit for review and approval the document called: CLAIM FOR DEDUCTION OF HVAC
INSULATION, in the following order of presentation:

I. BACKGROUND

For the tender of the XXX Guadalajara project, the Employer delivered to the General Contractor on
January 3, 2023, through the ACONEX platform at the email VIA-XXX-000286 with reference number
XXX-XXX-000057, the TD SUBMISSION - MECHANICAL - MEPF / XXX package, referring to the HVAC
plans. Where the following documents and plans were included (ANNEX 1):

XXX-XXX-MH-DL-0005-TD-F (HVAC Document List)

XXX-XXX-MH-BOQ-0004-TD-F (HVAC Concepts Catalogue)
XXX-XXX-MH-DWG-0001-TD-F (HVAC Symbols and Notes)
XXX-XXX-MH-DWG-8101-TD-E (Air Conditioning Details)
XXX-XXX-MH-DWG-8201-TD-E (Ventilation Details)
XXX-XXX-MH-DWG-8301-TD-A (Smoke Extraction Details)

Likewise, the Employer delivered to the General Contractor on February 4, 2023, through the ACONEX
platform at the email VIA-XXX-000441 with reference number XXX-XXX-000057, the package TD
SUBMISSION 3 FEB 23 - MECHANICAL - MEPF / XXX, with updated information on the air conditioning
system. Where the following documents and plans were included (ANNEX 2):

XXX-XXX-MH-DL-0005-TD-F (HVAC Document List)

XXX-XXX-MH-BOQ-0004-TD-G (HVAC Concepts Catalogue) **
XXX-XXX-MH-DWG-0001-TD-F (HVAC Symbols and Notes)
XXX-XXX-MH-DWG-8101-TD-E (Air Conditioning Details)
XXX-XXX-MH-DWG-8201-TD-E (Ventilation Details)
XXX-XXX-MH-DWG-8301-TD-A (Smoke Extraction Details)
** Updated documents

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Based on this information, the economic proposal included in Exhibit VI Contract Price, Exhibit VI-A Bill
of Quantities. Aconex transmittal no. [XXX-XXX-000037] (Including Exceptions & Deviations)
confirmation [XXX-GNC-000124], of XXX was prepared (ANNEX 3).

Where the following conditions were included by the Employer:

“IMPORTANT. THE AREAS AND VOLUMNES INCLUDED WITHIN THE BILL OF QUANTITIES WILL
NOT BE INCLUDED WITHIN THE CONTRACT. THEY ARE A GUIDANCE TO THE TENDERER IN
PREPARATION OF THEIR TENDER. THE EMPLOYER TAKES NO RESPONSIBILITY FOR ANY
OMISSIONS AND OR ERRORS. THE TENDERER IS TO ALLOW FOR ANY FURTHER ITEMS OF
DESCRIPTIONS WHICH ARE DEEMED NECESSARY. THE CONTRACT WILL BE AWARDED ON
SPECIFICATION AND DRAWINGS AND THE TENDERER MUST ENSURE THEY HAVE MADE
THEMSELVES FAMILIAR WITH ALL TENDER DOCUMENTS. RATES FOR CONCEPTS INCLUDED
IN THIS BILL OF QUANNTITIES WILL BE UTILIZED ONLY FOR VARIATIONS TO SCOPE OF
SERVICES.”

“The contractor shall rely at all times on the drawing's specifications to estimate volumes and quantities”

These same terms can be found in clause 14.1 The Contract Price, of the Fixed Lump Sum contract:

14.1 Price and Payment

Unless otherwise stated in the Particular Conditions:

(a) the Fixed Lump Sum Contract Price shall be the Accepted Fixed Lump Sum Contract Amount and
shall only be subject to adjustments expressly permitted in accordance with the Contract.

(b) the Contractor shall pay all taxes, duties and fees required to be paid by him under the Contract, and
the Contract Price shall not be adjusted for any of these costs.

(c) any quantities which may be set out in the Bills of Quantities or other Schedules are not to be
taken as the actual quantities of the Works which the Contractor is required to execute, and the
Contractor shall make its own assessment of the actual quantities and make full allowance for
the actual quantities in the Tender and the Fixed Lump Sum Contract Price.

(d) the Contractor shall submit to the Engineer, within 28 days after the Commencement Date, a proposed
breakdown of each lump sum price in the Schedules. The Engineer may take account of the breakdown
when preparing Payment Certificates but shall not be bound by it.

Therefore, the following concepts were included:

5.7.7.3, 5.7.7.4 of BoQ B, subheading 5.7.7 MISCELLANEOUS, heading 5.7 Ventilation

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5.6.4.13, 5.6.4.14 of BoQ B, subheading 5.6.4 Ducts, fittings and insulation, heading 5.6 Space heating
and air conditioning

5.6.2.9 of BoQ A, subheading 5.6.2 Thermal insulation for pipes and ducts, heading 5.6 Space heating
and air conditioning

It should be noted that, as part of the Contract negotiations, in January 2023, the Employer and the
General Contractor accepted this item (5.6.2.9), to be included as XXX rates (with the related
escalation – BoQ A).

The minutes shared by the Employer's representative – David Navarro, explicitly indicate that the agreed
rates are accepted (ANNEX 4).

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 5.6 Space heating and air conditioning 6,224,008.70 4.4%

Al l the i ns tal l a tions mus t be a l i gned wi th bl uepri nts s peci fi ca tions , IKEA a nd l oca l regul a tions .
Al l concepts wi l l i ncl ude: Suppl y a nd i ns tal l a tion, s peci a l i zed l a bour, fa s teni ng ma teri a l s a nd
s upports , a dhes i ves , connections , l evel l i ng, frei ght, vertica l a nd hori zontal ha ul i ng to the pl a ce
-
of i ns tal l a tion, cra nes , l a yout, cutti ng, pa i nting a nd/or l a bel i ng a ccordi ng to l oca l regul a tions ,
wel di ng a nd/or fus i on, wa s te, tool s , equi pment, s a fety equi ment, cl ea ni ng a nd remova l of
l eftovers outs i de the cons truction s i te a nd a l l neces s a ry for the correct i ns tal l a tion.

5.6.1 COOLING PIPES 230,999.77 0.2% Conciliated

5.6.2 THERMAL INSULATION FOR PIPES AND DUCTS 3,961,617.52 2.8% Conciliated

Suppl y a nd i ns tal l a tion of cl os ed cel l therma l i ns ul a tion foa m of 1/2" thi ck of extruded
-
el a s tomeri c foa m.

09-0220 5.6.2.1 For pi pe of 1/4" di a meter 85.00 m 35.25 39.80 3,382.77 0.0% Conciliated

09-0220 5.6.2.2 For pi pe of 3/8" di a meter 265.00 m 43.64 49.27 13,056.43 0.0% Conciliated

09-0220 5.6.2.3 For pi pe of 1/2" di a meter 93.00 m 53.01 59.85 5,565.89 0.0% Conciliated

09-0220 5.6.2.4 For pi pe of 5/8" di a meter 290.00 m 61.14 69.03 20,017.85 0.0% Conciliated

09-0220 5.6.2.5 For pi pe of 3/4" di a meter 123.00 m 97.90 110.53 13,595.08 0.0% Conciliated

09-0220 5.6.2.6 For pi pe of 7/8" di a meter 24.00 m 114.38 129.14 3,099.24 0.0% Conciliated

09-0220 5.6.2.8 For pi pe of 1 1/8" di a meter 12.00 m 144.43 163.06 1,956.74 0.0% Conciliated

09-0220 5.6.2.9 For pi pe of 1 3/8" di a meter 115.00 m 176.53 199.30 22,919.77 0.0% Conciliated

Ins tal l a tion a nd s uppl y of therma l i ns ul a tion of gl a s s fi ber wi th va por ba rrer, 1" thi ck, model RF-
09-0220 5.6.2.10 13,642.00 m2 251.79 284.27 3,878,023.75 2.8% Conciliated
3150.

5.6.4 DUCTS AND FITTINGS - 0.0% Conciliated

5.6.5 DIFFUSERS AND GRILLES 1,723,895.82 1.2% Conciliated

5.6.6 CONSTANT AIR VALVES 307,495.59 0.2% Conciliated

5.7 Ventilation 125,507.58 0.1%

The Employer is reminded that the BOQ is indicative, and that according to the Contract provisions, the
Specifications and Drawings govern the BOQ to determine the Scope of Works.

The Contract is a Lump Sum Contract, any amounts set out in the Bills of Quantities or other tables
shall not be considered as the actual quantities of the Works to be executed by the Contractor.

Subsequently, the Employer delivered to the Contractor on April 3, 2023, through the ACONEX platform
at the email VIA-XXX-000639 with reference number VIA-XXX-000639, the CONSTRUCTION
DRAWINGS SUBMISSION - MECHANICAL - MEPF / XXX package, with updated information on the air
conditioning system. Where the following documents and plans were included (ANNEX 5):

XXX-XXX-MH-DL-0005-CO-0
XXX-XXX-MH-DWG-0001-CO-0
XXX-XXX-MH-DWG-8101-CO-0
XXX-XXX-MH-DWG-8201-CO-0
XXX-XXX-MH-DWG-8301-CO-0

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The Employer then delivered to the General Contractor on May 24, 2023, through the ACONEX platform
at the email address VIA-XXX-000815 with reference number VIA-XXX-000815, the MEPF UPDATED
DRAWING / FOR INFORMATION ONLY / XXX package, with updated drawing information (ANNEX 6):

XXX-XXX-MH-DWG-8101-CO-1

And finally, on July 26, 2023, the Employer delivered to the General Contractor, through the ACONEX
platform at the email VIA-XXX-001166 with reference number XXX-XXX-000176, the DRAWINGS
RELATED TO RFI-211, 222 & 230 - MEPF SUBMISSION / XXX package, with updated information on
the air conditioning system. Where the following documents and plans were included (ANNEX 7):

XXX-XXX-MH-DL-0005-CO-8
XXX-XXX-MH-DWG-8101-CO-2
XXX-XXX-MH-DWG-8201-CO-1
XXX-XXX-MH-DWG-8301-CO-1

However, on February 16, 2024, the Employer sent us Instruction XXXXX (ANNEX 8), which mentions
the following:

-------------

Quoting the penultimate and second to last lines of the Work to be done:

“This change request includes also the removal of the scope of the duplicated HVAC thermal insulation
in the Bill of quantities of the General Contractor”

Following the first meeting with the Cost Consultant (Turner & Townsend) where the concepts to be
deducted and modified are mentioned, the General Contractor issues letter 683-XXX-CC-LET-0056
(ANNEX 9) on March 21, 2024 through the ACONEX platform at the email XXX-XXX-001453, in which
the engineer's request regarding the elimination of the "duplicate" insulate is considered inadmissible,
since the variations are delimited by Sub-clauses 13.1 and 13.3, where the following is established:

13.1 Right to Vary

“The Engineer may at any time instruct the Contractor to perform a Variation. Any such instruction shall
be in writing. The Contractor shall execute and be bound by each Variation. The Contractor shall proceed
to perform any Variation instructed or accepted without comment by the Engineer notwithstanding that
the adjustments to the Fixed Lump Sum Contract Price have yet to be agreed or determined.”
“Each Variation may include:

(a) any increase or decrease of any part of the Works, except, for the avoidance of doubt,
as required for compliance with the Contract, including the Employer’s Requirements and
rate of progress, or for reallocation of any part of the Works by the Employer as may be
permitted in accordance with the Contract.

(b) any changes to the quality and other characteristics of any item of the Works; or

(c) any changes to the levels, positions and/or dimensions of any part of the Works.”

“The Contractor shall note that it is a condition precedent that prior approval by the Engineer with full
details of time and cost implications is required before proceeding with any Works which the Contractor
considers or subsequently considers to be a Variation and no reimbursement, additional payment,

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compensation or extension of time will be allowed or granted for any reason whatsoever for the
Contractor’s failure to comply with this requirement.

For the avoidance of doubt, the term “Variation” shall include any changes as aforesaid which
may be designed to alter the use to which the Works will be put, but shall exclude any instruction
(which would otherwise be a Variation) which has arisen due to or is necessitated by or is
intended to cure any default of or breach by the Contractor, and any changes in quantities or
work sequence”

13.3 Variation Procedure

If the Engineer requests a proposal, prior to instructing a Variation, the Contractor shall respond in writing
as soon as practicable, but in any event not later than 7 days from receipt of such request by submitting:

(a) a description of the proposed work to be performed and a programme for its execution,

(b) the Contractor's proposal for any necessary modifications to the programme according to Sub-
Clause 8.3 [Programme] and to the Time for Completion, and

(c) the Contractor's proposal for evaluation of the Variation.

The engineer shall, as soon as practicable after receiving such proposal (under Sub-Clause 13.2 [Value
Engineering] or otherwise), respond with approval, disapproval or comments. The Contractor shall not
delay any work whilst awaiting a response.
Each instruction to execute a Variation, with any requirements for the recording of Costs, shall be issued
by the Engineer to the Contractor, who shall acknowledge receipt.

Each Variation shall be evaluated in accordance with Clause 12 [Measurement and Evaluation]
unless the Engineer instructs or approves otherwise in accordance with this Clause.

The Contractor shall also comply with the change control procedures set out in the Employer’s
Requirements and shall not be entitled to any reimbursement or extension of time for any reason
whatsoever for the Contractor’s failure to comply with this requirement.”

Requesting from the Employer in a clear and precise manner the reasons, arguments and justifications
for the request, as well as the contractual and legal bases that authorize the Client to request, through
said document, the elimination of the scope of the “duplicate” HVAC thermal insulation.

However, the Employer shares with us on April 1, 2024, through the ACONEX platform in the email XXX-
XXXX-000153 with reference number XXX-XXXX-000153, the letter Non-Compliance EI omission
duplicated scope 01.Apr.24_ GDL – signed (ANNEX 10), where they include the clause “13.1 Right to
Vary” as a response. This being unclear.

Therefore, the General Contractor issues a new letter on April 26, 2024, through the ACONEX platform
in the email XXX-XXX-001583 letter 683-XXX-CC-LET-0064 (ANNEX 11), where it is specifically
requested to include the concept or concepts referred to in instruction GDL-EI0500 as "duplicate", this
being very ambiguous in its description, as well as including the documents that support said change.

On May 7, 2024, the Employer shared with us through the ACONEX platform in the email IKN-FCRP-
000169 with reference number IKN-FCRP-000169, another letter XXX_XXX letter Non-Compliance EI
omission duplicated scope 06.May.2024 – signed (ANNEX 12), indicating that a meeting was held
between the Contractor and the Representatives of the Quantity Surveyor Consultants on May 2, 2024,

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at said MOM, The Contractor would present additional information for review. Said minutes were not
shared with the General Contractor.

Finally, and due to the condition established by the Employer's representative, NOT TO ESTIMATE the
concepts of the HVAC catalogue until instruction GDL-EI0500 was signed, on May 14, 2024, XXX issues
letter 683-XXX-CC-LET-0069 (ANNEX 13), through the ACONEX platform in the email XXX-XXX-
001647, by which The General Contractor agrees to sign the content of this instruction, however it is
clarified that the signing of the Engineering Instruction GDL-EI500 does not imply, nor can it be
considered or interpreted as an acceptance of its content regarding the elimination of the concepts
referenced therein, without clearly indicating which items are referred to, as demonstrated in the
communications of our letters IKN-FCRP-000153 and IKN-FCRP-000169.

However, instruction GDL-EI0500 could not be included in the CPC without an impact on cost, which was
conditioned by the deduction of the insulator, nor could the concepts in the catalogue be estimated in
accordance with the provisions of the Employer's representative, so the project management of the
General Contractor proposed a tour between the parties on July 25, 2024, to identify the insulates
considered in the project, said results were shared by the Employer's representative on July 30, 2024,
where it is shown that the General Contractor has installed 1" mineral wool insulation in all combustion
gas vent ducts, however, 1" fiberglass insulation has not been installed for the HVAC injection ducts.

It is at this point that the concept that is to be deduced from the scope becomes clear. It is important to
mention that this concept IS NOT DUPLICATED, and is confirmed by the results of the tour (ANNEX 14):

Below we transcribe the text of the email written by the representative of the Employer:

“Que dicho aislamiento para los ductos de extracción de vapores, con base a lana mineral, no se
pretendía deducir, se ha pagado ya en las estimaciones, e incluso, hay aditivas en las instrucciones de
ductos de extracción de gases de combustión (XXXX). Este concepto se considera dentro de la partida
de “Ventilation” y posee un precio unitario distinto al de fibra de vidrio, por lo que, no existe confusión
entre los dos conceptos similares en espesor más no en su base de fabricación.”

Eng- “That said insulation for the vapour extraction ducts, based on mineral wool, was not
intended to be deducted, it has already been paid in the estimates, and there are even additives
in the instructions for combustion gas extraction ducts (XXXX). This concept is considered within
the “Ventilation” section and has a unit price different from that of fibreglass, so there is no
confusion between the two concepts that are similar in thickness but not in their manufacturing
base.”

It is also clarified that this concept is not mentioned in the design plans and/or specifications with which
the contract was closed, nor in subsequent construction plans and/or specifications. Therefore, there is
no contractual basis for the deduction. This “parasitic” concept, as it was named by the Employer’s

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representative during the conciliation tables, was included from the origin of the Contract and constitutes
an omission for the Employer, so we refer to the following clause:

12.1 Works to be Measured

The Contractor acknowledges and agrees that the Contract is not a measure and value contract and any
quantities which may be set out in the Contract are estimated quantities and are not to be taken as the
actual and correct quantities of the Works which the Contractor is required to execute, and the Fixed
Lump Sum Contract Price shall not be adjusted if these quantities are not the actual or correct
quantities, except as stated in Sub-Clause 13.5 [Provisional Sums]. The Contractor shall bear the
risk of these quantities not being the actual or correct quantities for which the Contractor is
deemed to have taken into account in the Tender and the Fixed Lump Sum Contract Price.

Should any part of the Works require measurement at the sole discretion of the Engineer for the purpose
of:

(i) evaluation of a Variation in accordance with Sub-Clause 13.3 [Variation Procedure]; or

(ii) any other provision of the Contract requiring measurement for its implementation,”

Reasonable notice shall be given to the Contractor's Representative, who shall:

(a) promptly either attend or send another qualified representative to assist the
Engineer in making the measurement, and

(b) within 5 days of a request from the Engineer, supply any particulars requested by the Engineer.

If the Contractor fails to attend or send a representative, the measurement made by (or on behalf oD the
Engineer shall be accepted as accurate.

Except as otherwise stated in the Contract, wherever any Permanent Works are to be measured from
records, these shall be prepared by the Engineer. The Contractor shall, as and when requested, attend
to examine and agree the records with the Engineer, and shall sign the same when agreed. If the
Contractor does not attend, the records shall be accepted as accurate.

If the Contractor examines and disagrees the records, and/or does not sign them as agreed, then the
Contractor shall give notice to the Engineer of the respects in which the records are asserted to be
inaccurate. After receiving this notice, the Engineer shall review the records and either confirm or vary
them. If the Contractor does not so give notice to the Engineer within 14 days after being requested to
examine the records, they shall be accepted as accurate.

It is also recalled that:

13.1 Right to Vary

For the avoidance of doubt, the term “Variation” shall include any changes as aforesaid which
may be designed to alter the use to which the Works will be put, but shall exclude any instruction
(which would otherwise be a Variation) which has arisen due to or is necessitated by or is
intended to cure any default of or breach by the Contractor, and any changes in quantities or
work sequence”

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Finally, and due to the increasing pressure exerted by the Employer's representatives for the application
of a deduction that has no contractual or legal basis, since it does not refer to any project change, but to
an omission by the Employer during the offer of the Fixed Lump Sum Contract, on September 18, 2024,
the signed instruction is sent via email (ANNEX 15), despite the disagreements and irregularities
expressed herein. Consequently, this claim is issued.

II. DESCRIPTION OF THE CIRCUMSTANCES GIVING RISE TO THE CLAIM

As noted in the background of this claim, during the offer a package of plans and specifications was
delivered to the Contractor in January and February 2023, among which plan XXX-XXX-MH-DWG-0001-
TD-F is mentioned (ANNEX 1 and 2):

That did not contain specific information (brands or models) about HVAC duct insulation.

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Likewise, in plans XXX-XXX-MH-DWG-8101-TD-E (Air Conditioning Details), XXX-XXX-MH-DWG-8201-
TD-E (Ventilation Details) and XXX-XXX-MH-DWG-8301-TD-A (Smoke Extraction Details) only the
caliber of the insulators was mentioned in a generic way (ANNEX 1 and 2):

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Since the design was not clear, it was decided to integrate the catalogue with the information suggested
by the Employer in documents XXX-XXX-MH-BOQ-0004-TD-F and XXX-XXX-MH-BOQ-0004-TD-G,
reference catalogues for the air conditioning system (ANNEX 1 and 2), including the concepts of duct
insulation:

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14.1 Price and Payment

(c) any quantities which may be set out in the Bills of Quantities or other Schedules are not to be
taken as the actual quantities of the Works which the Contractor is required to execute, and the
Contractor shall make its own assessment of the actual quantities and make full allowance for the actual
quantities in the Tender and the Fixed Lump Sum Contract Price.

We also refer to the following clauses:

1.11 “The Engineer and the Employer make no warranty with respect to all or any of such information
(including as to its adequacy, fitness for purpose and accuracy) and any reliance on the same shall be
at the sole risk and cost of the Contractor.”
1.6 “The Contract is awarded on a fixed price lump sum contract basis for the design…”

It should also be noted that the XXX-EI0500 instruction (ANNEX 8) does not contain relevant information
about HVAC insulates, but simply describes them in one line:

“This change request includes also the removal of the scope of the duplicated HVAC thermal
insulation in the Bill of quantities of the General Contractor”

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12
13
It does not explain what the duplicate thermal insulation is, what concepts it refers to, it does not explain
what were the design changes that originated these deductions, and it does not mention where to find
the information. Therefore, the General Contractor responds in a series of letters to the disagreement
with the deduction considering it a deliberate action; said letters are indicated in the background section.

It is not until the conciliation meeting with the Employer's representative and cost consultant (XXXX) that
the base catalogue movements are shown (ANNEX 17):

ORIGINAL CONTRACT DEDUCTIVES ADDITIONALS

CG - IKEA CODE DESCRIPTION COST IMPACT
QTY UOM RATE TOTAL QTY RATE TOTAL QTY RATE TOTAL

5.6 Space heating and air conditioning 24,977,051.83 -3,915,807.87 2,037,673.89 - 1,878,133.98

THERMAL INSULATION FOR PIPES AND

5.6.2 4,015,858.61 -3,915,807.87 - - 3,915,807.87
DUCTS

Installation and supply of thermal insulation of

09-0220 5.6.2.9 glass fiber with vapor barrer, 1" thick, model 13,642.00 m2 287.04 3,915,807.87 -13642 287.04 - 3,915,807.87 287.04 - - 3,915,807.87
RF-3150.

5.6.4 DUCTS, FITTINGS AND INSULATION 15,891,012.58 - 2,037,673.89 2,037,673.89

Installation and supply of thermal insulation of

glass fiber with vapor barrer, 1 1/2" thick,
09-0290 5.6.4.13 3,383.00 m2 280.71 949,641.93 280.71 - 7,259.00 280.71 2,037,673.89 2,037,673.89
model RF-3075 brand Owens C orning.(indoor
ducts)
Installation and supply of thermal insulation of
glass fiber with vapor barrer, 2 1/2" thick,
09-0290 5.6.4.14 3,050.00 m2 306.79 935,709.50 306.79 - 306.79 - -
model RF-3075 brand Owens C orning.(outdoor
ducts)
5.7 Ventilation 26,868,487.53 - - -

5.7.7 MISCELLANEOUS 2,548,666.45 -1,885,351.43 - - 1,885,351.43

Installation and supply of thermal insulation of

glass fiber with vapor barrer, 1 1/2" thick,
09-0290 5.7.7.3 3,383.00 m2 280.71 949,641.93 -3383 280.71 - 949,641.93 280.71 - - 949,641.93
model RF-3075 brand Owens C orning.(indoor
ducts)
Installation and supply of thermal insulation of
glass fiber with vapor barrer, 2 1/2" thick,
09-0290 5.7.7.4 3,050.00 m2 306.79 935,709.50 -3050 306.79 - 935,709.50 306.79 - - 935,709.50
model RF-3075 brand Owens C orning.(outdoor
ducts)

Where concept 5.6.2.9 is not considered DUPLICATE and is eliminated in its entirety, and concepts
5.7.7.3 and 5.7.7.4 were executed according to the plans, XXX-XXX-MH-DWG-0001-CO-0 (ANNEX 3),
where the following is specified:

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II.I Why is it considered an omission by the Employer?

As stated in the Employer's rejection letter to the claim for Geberit drains, GDL_XXX letter Claim for
changes - drain conditions Geberit 20.Dec.2023 _ GDL – signed (ANNEX 18), and that the same criteria
should apply to both parties, the concept of BoQ A was not reviewed and was included in the fixed lump
sum price, both for the General Contractor (Geberit drains) and for the Employer (HVAC insulation), this
was an omission, since said budget was agreed upon based on a package of plans and specifications
delivered by the Employer that are mandatory, so there are no changes related to both materials, the
drain was always Geberit and the 1 ”RF-3150 insulation never existed. Given the Engineer's position of
not recognizing the Geberit drains and taking into account the arguments presented herein, we do not
find any contractual argument for unilaterally attempting to make this deduction, which is why we consider
it inappropriate and with which we do not agree.

III. DETALLES DEL SOPORTE DEL RECLAMO

ANNEX 1. The documentation consisting of the first information package shared by the Employer on the
air conditioning system, TD SUBMISSION - MECHANICAL - MEPF / XXX, the HVAC concepts catalog
version "F" and the design plans that indicate the insulators in the air conditioning system ducts, versions
"A, E, F", dated December 30, 2022, which proves the lack of specification of the insulation in ducts.

ANNEX 2. The documentation consisting of the second information package shared by the Employer on
the air conditioning system, TD SUBMISSION 3 FEB 23 - MECHANICAL - MEPF / XXX dated February
3, 2023, which certifies that there were no changes with respect to the information in the first package,
other than in version “G” of the catalogue.

ANNEX 3. The contract documentation where the clauses indicated in this document are established, as
well as the concepts of the BoQ - Fixed Lump Sum Contract that are deduced in the instruction that
originates this claim:

• Exhibit VI Contract Price, Exhibit VI-A Bill of Quantities. Aconex transmittal no. [XXX-
XXX-000037] (Including Exceptions & Deviations) confirmation [XXX-GNC-000124],

• XXX

ANNEX 4. Documentation consisting of the email and minutes shared by the employer's representative,
which establishes the agreement on the concepts and global sum of the contract.

ANNEX 5. The documentation consisting of the third information package shared by the Employer on
the air conditioning system, CONSTRUCTION DRAWINGS SUBMISSION - MECHANICAL - MEPF /
XXX, dated April 3, 2023, which accredits the changes that existed from the design version to the
construction rev.0.

ANNEX 6. Documentation consisting of the fourth information package shared by the Employer on the
air conditioning system, MEPF UPDATED DRAWING / FOR INFORMATION ONLY / XXX, dated May
24, 2023, which certifies the changes that have occurred in the HVAC plans since the last delivery.

ANNEX 7. The documentation consisting of the fourth information package shared by the Employer on
the air conditioning system, DRAWINGS RELATED TO XXXXXX - MEPF SUBMISSION / XXX, dated
July 26, 2023, which certifies the changes that have occurred in the HVAC plans since the last delivery.

IV. PAGO ADICIONAL RECLAMADO.

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To calculate and obtain the economic impact, it is requested:

V. LEGAL CONSIDERATIONS

In this sense, variation includes the modification of the activities described in the technical documents
and excludes changes in the quantities or in the sequence of how a job is performed.
VI. FUNDAMENTO LEGAL DEL RECLAMO.

Clauses cited according to FIDIC and the special conditions:

1.6

1.11

12.1

13.1

13.3

14.1

Finally, hoping that the review and evaluation of this document will be favourable for this General
Contractor, where there is a prevalence of the sense of equity and justice since this General Contractor
has been highly affected financially in the fulfilment of this Contract without sparing the allocation of
resources for the fulfilment of this important XXX Guadalajara project and even anticipating to act without
waiting to have in many cases the Contract protocols, for which we reiterate our corporate philosophy
where we foresee that the Parties will be mutually benefited.

Sincerely,

XXXXXXXXXXXXXXXXXXXXXX
XXX Y XXX XXXXXX, S.A. DE C.V

Copies:
XXXXXX, S.A. de C.V.
XXX y XXX XXXXXX, S.A de C.V.
XXX y XXX XXXXXX, S.A de C.V.

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