Kingcrete Builders, one of Pakistan’s leading contractors, has appointed Lahore-based ABS & Co along with Islamabad-based, Sikander and Sherpao, as its legal counsels in its dispute with the Federal Government Employees Housing Authority (FGEHA).
The dispute concerns the construction of the F.G Housing Foundation Towers in G-13, Islamabad for a total price of Rs. 12 billion. The construction contract which was based on FIDIC’s 1987 (as reprinted in 1992) Edition was terminated by the Employer due to slow progress by the contractor.
The contractor has since challenged the certificate of default issued by the Engineer under Sub-Clause 63.1 of the General Conditions of Contract (GCC) and the Employer’s subsequent notice of termination on the ground that in light of unprecedented increase in prices of construction materials, the contractor already stood released and discharged in terms of Sub-Clause 66.1 of the General Conditions of Contract (GCC) and therefore termination under Sub-Clause 63 was illegal and unlawful. The dispute is currently pending before an arbitrator appointed with the consent of both parties.
ABS & Co’s team is being led by Bakhtawar Bilal Soofi, Anza Mahmood and Zeerak Elahi. The team prepared the statement of claim along with the rejoinder. Trial is expected to commence in January 2023.