Construction
The Firm and its partners have considerable experience relating to development of real estate and construction of mega infrastructure projects and related disputes.
- The Firm acted as part of a consortium of financial, technical & legal consultants on a multi-billion-dollar construction project in Karachi;
- The Firm acts as the retained counsel for the development & completion of the Grand Hyatt project in Islamabad;
- The Firm acted for Kaizen Construction on matters related to civil works on the Ghazi Barotha project;
- One of the Partners acted as part of the team advising Daewoo Corp on the development and construction of the M2 Motorway project.
- The Firm has also advised on the EPC contracts of billion dollars mega hydropower projects.
- The Firm has represented the Employer and Contractor, foreign and local, in many disputes relating to major infrastructure projects, both in ad hoc and international arbitrations.
Some matters which the Firm has dealt with are:
Chashma Hydropower Project/Civil Works (Contract between Hyundai/Hidco-Hakas J/V and WAPDA)
The Firm provided consultancy services to the Contractor and rendered a legal opinion regarding a dispute between the parties on the extension of time for completion of the Project, which had been delayed due to several reasons, including both parties’ defaults. We also rendered an opinion regarding several claims made by the Contractor based on the Employer’s defaults.
Lahore-Islamabad Motorway Project
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 which had arisen due to 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 matters relating to payments, taxation, delays, cost of escalation, completion certificate, maintenance certificate, claims, and variations, etc.
Satra Mile-Ghika Galli Dual Carriage Way Project
The Firm provided consultancy services to the Contractor, rendered legal services regarding this Project, and remained associated with it almost from the very 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.
Islamabad-Peshawar Motorway Project
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 on several grounds, financing, and various defaults of the parties. We also conducted arbitration proceedings regarding the disputes under the Arbitration Act 1940 and the ICSID rules of arbitration.
Karachi-Hyderabad Motorway Project (M-9)
The Firm provided consultancy services to the Employer and remained associated with this Project from its inception. It rendered legal services in drafting the concession agreement, delays, extension of time for completion, and defaults/breaches of the Contract.
Pindi Bhattian-Faisalabad Motorway Project (M-3)
The Firm provided consultancy services to the Employer and remained associated with this Project from its inception. It rendered legal services in drafting the concession agreement, delays, extension of time for completion, and defaults/breaches of the Contract.
Hyderabad Bypass Project
The Firm provided consultancy services to the Employer and conducted arbitration proceedings regarding the said Project involving disputes between the parties regarding mobilization advance guarantee, performance guarantee, the progress of work, extension of time, and several claims under different provisions of the Contract.
Sukkur Bypass Project
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 approximately 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 to settle the disputes prior to announcement of the Award amicably.
Ghazi Brotha Hydro Power Project
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.
Rehabilitation, Improvement, and widening of N-55
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 retained 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 Bela Project between Saadullah Khan & Brothers (SKB) and NHA and several other projects of construction of various sections of Indus Highway and N-5 involving disputes between the parties on several contractual issues.
