Construction disputes

Advised a LARGE FOREIGN INVESTOR on contentious Kazakh and choice-of-law issues related to the construction of trunk and flow pipelines under an EPC contract at a major oil and gas field in Kazakhstan.

Represented a MAJOR CONSTRUCTION CONTRACTOR in a multimillion-dollar dispute with a client related to alleged defects in construction work, attempted use of a guarantee for a defect notification period, and other issues.

Represented a Turkish contractor in a USD 200 million dispute with a building owner over alleged defects in construction work, an attempt to utilise a warranty for the defects notification period and other matters.

Represented A MAJOR CONSTRUCTION CONTRACTOR in several multimillion-dollar disputes with several developers, a landowner, and the state registration authority.

Represented A MAJOR CONSTRUCTION CONTRACTOR in a dispute with a local subcontractor related to works and claims under a subcontract agreement.

A MAJOR CONSTRUCTION CONTRACTOR in a dispute with several individuals and the state registration authority in connection with disputed title to apartments (worth several million dollars) and registration of the title.

Represented a MAJOR CONSTRUCTION CONTRACTOR in a dispute with a developer over a failure to pay over US$40 million for construction work.

Advised a CONFIDENTIAL CLIENT on a major litigation matter related to engineering, procurement, and construction issues.

Advised a CONFIDENTIAL CLIENT on major litigation involving design, procurement and construction issues.

Provided expert support to a EUROPEAN CONSORTIUM OF CONSTRUCTION COMPANIES on a contract for the Western Europe-Western China International Transit Corridor project under FIDIC Pink Book Conditions. Key issues included: (1) the contractual impact of the Kazakhstani Tenge depreciation; (2) the employer’s refusal to pay additional price escalation amounts due to budget constraints; and (3) the legal interpretation of the engineer’s instruction to modify the performance guarantee. Additionally, advised on the arbitration clause’s validity, given the lack of a clear choice of rules, institution, or seat.

Provided expert support in a Dubai-seated arbitration to a GLOBAL MULTIDISCIPLINARY CONSULTANCY regarding disputes under a FIDIC Yellow Book contract for a major mixed-use development in Astana, Kazakhstan. The contentious issues involved complex questions of contract law, construction, licensing, project management, and engineering regulations.

Advised a KOREAN CONSTRUCTION COMPANY on contentious issues related to the construction and commissioning of a gas-filling compressor station.

Advised a foreign investor on complex Kazakh law and choice-of-law issues arising from the construction of trunk and flow pipelines under an EPC contract at a major oil and gas field in Kazakhstan. The dispute, valued at hundreds of millions of US dollars, required detailed analysis of governing law clauses, contractual risk allocation, and regulatory compliance in the Kazakhstan energy sector, as well as the interaction between Kazakh and international construction standards.

Represented ENKA İnşaat ve Sanayi A.Ş. (ENKA) in a multi-million-dollar dispute with a client relating to alleged defects in construction works, attempted utilisation of warranty for the period of defects notification and other issues.

Represented a CROWN CONTRACTOR in a dispute with a local subcontractor relating to work and claims under a subcontract.

Represented ENKA İnşaat ve Sanayi A.Ş. (ENKA) in a dispute with several persons and a state registration authority in connection with disputed ownership of flats (valued at several million USD) and registration of ownership.

Represented a local subsidiary of Punj Lloyd Limited, a major Indian engineering construction company, acting at the Kashagan and Karachaganak fields as general contractor and subcontractor (under a contract with Agip Kazakhstan North Caspian Operating Company NV) respectively, in multiple court cases in all instances through the Supreme Court of the Republic of Kazakhstan, lasting in total for nine years over various agreements on the construction of export pipelines. The aggregate value of the matters exceeded USD 20 million.