A collaborating firm of Andersen Global
A collaborating firm of Andersen Global
The Firm and its partners have considerable experience in developing real estate and constructing mega infrastructure projects and related disputes.
Some matters which the Firm has dealt with are:
The Firm provided consultancy services to the Contractor. It rendered a legal opinion on a dispute between the parties on the extension of time to complete the Project, which had been delayed due to several reasons, including both parties’ defaults. We also rendered an opinion on several claims made by the Contractor based on the Employer’s defaults.
(Contract between Daewoo Corporation and National Highway Authority)
The Firm provided consultancy services to the Employer and remained associated with this Project almost right from its inception. We provided legal services regarding several disputes between the parties. We also conducted arbitration proceedings regarding a dispute arising from the Engineer’s determination of the cost of transportation and excavation of material. The matter went up to the Supreme Court of Pakistan, and we successfully represented our client. In addition, the Firm rendered a legal opinion on the issues relating to payments, taxation, delays, cost of escalation, completion certificate, maintenance certificate, claims, and variations, etc.
(Contract between DITCO and National Highway Authority)
The Firm provided consultancy services to the Contractor, rendered legal services regarding this Project, and remained associated with it almost from the beginning. The Firm had to deal with several matters, including performance bond, suspension of work, claims, the appointment of an Engineer, and termination of the Contract. We also successfully conducted arbitration proceedings before the arbitral tribunal.
(Contract between Bayindir Inc. and National Highway Authority)
The Firm provided legal services to the Contractor. It handled all contractual disputes between the parties relating to termination of the Contract under different clauses of the Contract, resulting in claims of the parties for several reasons, financing, and various defaults of the parties. We also conducted arbitration proceedings regarding the disputes under the Arbitration Act 1940 and the ICSID arbitration rules.
Karachi-Hyderabad Motorway Project (M-9)
(Concession Agreement between Fauji Foundation and National Highway Authority)
The Firm provided consultancy services to the Employer and has been associated with this Project since its inception. It rendered legal services in drafting the concession agreement, delays, extension of time for completion, and defaults/breaches of the Contract.
(Concession Agreement between PAMIC Ltd. and National Highway Authority)
The Firm provided consultancy services to the Employer and has been associated with this Project since its inception. It rendered legal services in drafting the concession agreement, delays, extension of time for completion, and defaults/breaches of the Contract.
(Contract between Adamjee Construction Co. Ltd. and National Highway Authority)
The Firm provided consultancy services to the Employer and conducted arbitration proceedings regarding the Project involving disputes between the parties regarding the mobilization advance guarantee, performance guarantee, the progress of work, extension of time, and several claims under different provisions of the Contract.
(Contract between Astalid SpA and National Highway Authority)
The Contractor engaged the Firm concerning various disputes arising out of the Contract. These disputes involved intricate questions relating to methodology for execution of Works, rate of progress, unforeseeable physical obstructions, possession of Site, the extension of time claims, etc. The financial claim amounted to about USD 35 million, and the Firm acted as counsel for the Contractor in the arbitration proceedings against the Employer. The Firm successfully assisted the parties in settling the disputes amicably before the announcement of the Award.
(Contract between Imprigillo SpA and Water and Power Development Authority)
The Employer engaged the Firm to advise on various disputes relating to unforeseeable physical obstructions, an extension of time claims, etc., and representation of the Employer before the DAB.
(Contract between Guerrino Pivato SpA and National Highway Authority)
The Firm provided consultation services to the Contractor concerning an amicable settlement resulting in the Contractor being awarded a contract for rehabilitation, improvement, and widening of 200 km of road. The Firm was then hired as legal advisor for the Project still being executed by the Contractor.
Besides the above, the Firm has rendered legal opinions on several contractual disputes arising out of contracts in FIDIC form regarding the Lahore Bypass Project, Shori Nullah to Rajanpur Section Indus Highway Project between Sezai Turkes Feyzi Akkaya Construction Co. (STFA), and National Highway Authority (NHA), Sarai Gambila-Karak Indus Highway Project between STFA and NHA involving the issues of, payment for work done on embankments after clearing and grubbing, deduction of income tax on escalation payments regarding specified materials, the currency of payments for changes in costs, and method of calculation for payment of labour escalation, Uthal.