Construction Dispute Resolution
In recent years there has been increasing amount of public spending on infrastructure & development projects like building new roads, highways, power plants, bridges & flyovers, land and sea ports, rail links, multipurpose overpasses etc. The said works are carried out by local and international contractors having a high level of expertise in general. Depending on the nature of the project, sector & parties involved, mode of procurement can be very different.
Generally, as per the policy and guideline of the Public Private Partnership Authority (PPPA) and other procurement rules & regulations, procurement can be classified as follows: G2G partnership for PPP; PPP projects and Non-PPP projects.
Depending on the “principal approval” of ERD, the concurrence of concerned law ministry & ”principal approval” of PPPA a project can be G2G implemented PPP project (solicited/unsolicited) or only PPP project (solicited/unsolicited). The bidding process for the solicited project (whether for PPP or non-PPP) may also vary depending on the approval.
Participating in bid complying timetables & also preparing documents as per instruction of tender documents, preparing an unsolicited proposal, etc. is a very challenging work both for national & international bidders. Relevant law comes into play when it comes to bidding/submitting proposal, e.g., Policy for Implementing PPP Projects through Government to Government (G2G) Partnership, 2017, Procurement Guidelines for PPP Projects, 2016, Guidelines for Unsolicited Proposals, 2016, Public Procurement Act 2006, Public Procurement Rules, etc., and hence requires legal support.
Legal services are often required for negotiation of contractual terms and also in taking timely steps and filing complain or other lawful recourse while evaluation is taking place in a highly competitive environment.
– Chambers & Partners, 2020
Mr. Mohammed Forrukh Rahman has been ranked (Band II) for Corporate & Finance.
– Chambers & Partners, 2019
“Their response times are excellent and they make you feel generally very well informed.”
– Chambers and Partners 2018
The Chambers has long experience of assisting both public sector & private sector in procurement related matters. Our involvement was found crucial by the bidders’ particularly in pre-bid meeting & also in challenging any selection made in violation of procurement laws. We also advised contractor in complying procurement rules & regulations in selecting sub-contractor.
Our related experiences are as follows:
- Advised DPDC on several procurement projects involving installation of a substation for a distribution network in Dhaka.
- Provided Legal advice to Power Division capable in framing the very first guideline on Public-Private Partnership in 2008.
- Advised a Malaysian bidder in the tender bidding process for 450 MW Power Project.
- Advised a Chinese contractor in selecting subcontract following procurement rules in Energy Sector.
- Provided legal assistance by filing an appeal before Central Procurement Technical Unit (CPTU) for Sonali Polaris F.T. Ltd. in a major IT-procurement matter.
- The Chambers regularly vet contract and bid documents on establishment of distribution and Transmission substations e.g. contract awarded to Energypac Engineering Ltd. for work of reinforcement, Renovation & Augmentation of Ten 33/11KV substation; contract awarded to LG International Corp and LS Cable Ltd, Korea (JV) for Design, Supply, Installation, Testing and commissioning of 33KV underground cable against; contract awarded to Siemens Aktiengesellschaft for Lot-1, Design, Supply, Installation, Testing and Commissioning of 2 (Two) New 132 KV Sub-Station.
Our lawyer had the experience of working for Power Cell, Power, Energy and Mineral Resources on full time basis for one and half year on several procurement involving power generations projects as follows:
- Drafting and legal vetting of project documents, participating in the tender evaluation meeting to assist in the negotiation process and seeking clarification etc and giving legal consultancy on acceptability of bid documents as per tender, determining legality of tender evaluation etc in procurement process involving for supply, installation, putting into commercial operation, and operation & maintenance of eight (8), 50 MW ±15% barge/skid/trailer mounted power plants on rental basis based on Liquid Fuel (HSD)/Natural Gas located in Sylhet, Bogra, Kustia, Hobiganj, Brahman aria and so on.
- Drafting and legal vetting of project documents, participating in the tender evaluation meeting to assist in the negotiation process and seeking clarification etc and giving legal consultancy on acceptability of bid documents as per tender, determining legality of tender evaluation etc in procurement process involving Procurement and Installation of Power System Metering Equipment on Turn-key Basis. Power Sector Reforms under Power Sector Development Technical Assistance(PSDTA) Project credit/grant from the International Development Agency (IDA)
- Drafting and legal vetting of project documents, participating in the tender evaluation meeting to assist in the negotiation process and seeking clarification etc and giving legal consultancy on acceptability of bid documents as per tender, determining legality of tender evaluation etc in procurement process involving development, design, financing, construction, operation, and maintenance of small IPP, 10-30 ±10% MW gas-fired power station, for Power Cell participated by Asian-Entech Power Corporation Ltd/Doreen Power Generations and Systems Ltd for project Tangail and Narshingdi; Summit Industrial & Mercantile Corporation Pvt. Ltd/Summit Purbanchal Power Company Ltd project at Kumilla/Jangalia and Narayangaj/Rupganj; Summit Power Ltd. Narshingdi; M/S. Saiham Power Plant Ltd./Doreen Power House and Technologies Ltd. for project at Mohipal, Feni; Regent Textile Mills Ltd./Regent Power Ltd. for porject at Barabkunda, Chittagong; Energypac Confidence Power Venture Ltd. for project at Hobigonj.
Acting beyond authority and failure to provide natural justice, arbitrariness etc.is common ground for a writ in this sector. Issues like the cancellation of license, the connection of gas, cancellation of connection of electricity line are common issues for writs involving power & energy sector.
Our services include
- Pre bidding legal due diligence & advising on suitable procurement option.
- Providing legal assistance with pre-bid meeting
- Preparation of bidding documents having legal consequences
- Vetting unsolicited proposal.
- Vetting solicited bid proposal.
- Vetting of standard contracts under a tender
- Participation as a legal representative in the tender process e.g. Meeting of evaluation committees.
- Negotiation covering legal aspects
- Legal consultancy on piecemeal or contractual basis for entire tender process
- Drafting letter of complaints, filing to different authorities
- Filing Writ Petitions before the Hon’ble Courts on an urgent basis for tender matters.
- Post-bid legal compliances for successful tenderer
- Post bidding approval and consents related services for the successful bidder.