Besides internationally recognized expertise for ADR`s, the Firm offers courtroom advocates of the Apex as well as Trial Courts in the civil, criminal, corporate, commercial, tax and constitutional matters. Litigation and advice in the issues relating to services, corporate and commercial matters, Fundamental Human Rights and family laws are the core strength of the Firm.
For more than 25 years the firm has maintained a successful and varied practice handling complex cases.
Samdani & Qureshi, concentrates its practice in the area of construction law. The senior attorneys have over 25 years of combined construction and land development law experience, and have earned a reputation nationally and internationally for responsiveness to client needs, integrity, and commitment to meeting the requirements of its clients.
If you are a building or construction professional seeking quality legal representation and counsel, contact us to schedule a consultation. In this area the firm has worked on matters relating to FIDIC forms of contract, Construction arbitration, contract claims and defense, contract administration, contract negotiations, mediation, dispute avoidance, construction contract drafting and review, construction insurance law, construction liens, representation, bank guarantees and payment bonds/performance bonds etc..
The Firm has dealt with a number of construction contracts and disputes related thereto during the last decade. The Firm has not only conducted several arbitration proceedings concerning contractual disputes of various nature, it has been providing consultancy services to a number of clients on such matters. Some of the matters which have been dealt with by the Firm are as follows:
Chashma Hydropower Project/Civil Works
(Contract between Hyundai/Hidco-Hakas J/V and WAPDA)
The Firm provided consultancy services to the Contractor and rendered legal opinion in respect of dispute between the parties on the issue of extension of time for completion of the project, which had been delayed due to a number of reasons including both parties defaults. We also rendered opinion in respect of several claims made by the Contractor on the basis of the Employer’s defaults.
Lahore-Islamabad Motorway Project
(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 in respect of a number of disputes between the parties. We also conducted arbitration proceedings in respect of a dispute which had arisen as a consequence of the Engineer’s determination of cost of transportation and excavation of material. The matter went up to Supreme Court of Pakistan and we successfully represented our client. In addition the Firm rendered 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
(Contract between DITCO and National Highway Authority)
The Firm provided consultancy services to the Contractor, rendered legal services in respect of 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, appointment of engineer and termination of contract. We also successfully conducted arbitration proceedings before the arbitral tribunal.
Islamabad-Peshawar Motorway Project
(Contract between Bayindir Inc. and National Highway Authority)
The Firm provided legal services to the Contractor and handled all contractual disputes between the parties relating to termination of the contract under different clauses of the contract, consequent claims of the parties on several grounds, financing and various defaults of the parties. We also conducted arbitration proceedings in respect of the disputes under the Arbitration Act, 1940 as well as under the ICSID rules of arbitration.
Karachi-Hyderabad Motorway Project (M-9)
(Concession Agreement between Fauji Foundation and National Highway Authority)
The Firm provided consultancy services to the Employer and remained associated with this project right from its inception and rendered legal services in drafting of the concession agreement, delays, extension of time for completion and defaults/breaches of the contract.
Pindi Bhattian-Faisalabad Motorway Project (M-3)
(Concession Agreement between PAMIC Ltd. and National Highway Authority)
The Firm provided consultancy services to the Employer and remained associated with this project right from its inception and rendered legal services in drafting of the concession agreement, delays, extension of time for completion and defaults/breaches of contract.
Hyderabad Bypass Project
(Contract between Adamjee Construction Co. Ltd. and National Highway Authority)
The Firm provided consultancy services to the Employer and conducted arbitration proceedings in respect of the said project involving disputes between the parties regarding mobilization advance guarantee, performance guarantee, progress of work, extension of time and a number of claims under different provisions of the contract.
Sukkur Bypass Project
(Contract between Astalid SpA and National Highway Authority)
The Firm was engaged by the contractor in relation to 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, 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 reach an amicable settlement of the various disputes prior to announcement of the Award.
Ghazi Brotha Hydro Power Project
(Contract between Imprigillo SpA and Water and Power Development Authority)
The Firm was engaged by the Employer to advise on various disputes relating to unforeseeable physical obstructions, extension of time claims, etc. and representation of the Employer before the DAB.
Rehabilitation, Improvement and widening of N-55
(Contract between Guerrino Pivato SpA and National Highway Authority)
The Firm provided consultation services to the Contractor in relation to 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 entire project which is still being executed by the Contractor.
In addition to the above, the Firm has rendered legal opinions on a number of contractual disputes arising out of contracts in FIDIC form in respect of 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, 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 a number of contractual issues.
Our civil practice includes advice and representation for small business and individuals in actual or potential civil litigation before administrative agencies or in any provincial or federal court in Pakistan. We also provide advice and document preparation for non-litigation transactional matters, such as contracts and real estate. For small business (particularly new businesses), we provide “one stop shopping” for all legal needs. In particular, we provide contract and real estate representation, to include negotiation, document preparation and review, and, if necessary, litigation.
Criminal Law Practice
Our criminal trial practice consists of criminal cases in Pakistan in the district court, high court and the Appex Court. Our criminal trial practice also includes federal and provincial trial cases. We handle all types of cases, such as murder, rape, robbery, theft, kidnapping, fraud and corruption etc.
Constitutional Law Practice
Our constitutional law practice has evolved from the firms two decades practice in the area of constitutional law. We have drafted constitutional challenges and defended constitutional challenges based on federal and/or state constitutional provisions, in federal and provincial trial and appellate courts, including the Supreme Court of Pakistan. Our constitutional issues have included Fundamental rights to free exercise of religion, establishment of religion, and access to the courts; rights to effective assistance of counsel, fair trial, prohibition against cruel and unusual punishment; rights to substantive due process, procedural due process, and equal protection; separation of powers; and sovereign immunity.
Family Law Practice
We provide professional advice and zealous representation in family law matters.
i. Separation and Marital Property Agreements
Painful, expensive and lengthy divorce proceedings may often be avoided if you use a carefully prepared separation and marital property agreement. We encourage dialog between the opposing sides. Complex matters, even if acrimonious, can sometimes be resolved through mediation.The Firm can either prepare the proper documents or review and advise regarding documents prepared by opposing counsel.
Although divorce litigation can be unfriendly, prolonged, and expensive we attempt to minimize, to the extent possible, those hassles. Often, if sufficient effort is put forth, and if opposing counsel is reasonable, the case may be settled without the need for an adversarial trial. If it cannot be settled, we can zealously and aggressively fight for your rights.
If there are minor children, the parties may disagree on issues of physical custody and legal custody. A custody issue may also arise in a claim separate from a divorce action. We offer experienced, diligent and personalized representation in matters involving custody.
Corporate and Commercial
The Corporate and Commercial Practice of Samdani & Qureshi provides the foundation of the Firm’s collective transaction experience. The work ranges from standard corporate housekeeping requirements from simple contract drafting to structuring of foreign investments, from registration of local businesses to obtaining governmental permits and qualifying clients for government incentives and economic zone accreditations.
Public Interest Litigation
Samdani & Qureshi is a firm dedicated to defending the wrongly accused and freeing the wrongly convicted.