Skip to main content

News story

November 11, 2025

RIAA defeats FIDIC price adjustment claim for major Karachi water infrastructure project

RIAA Barker Gillette secured a complete victory before a FIDIC Dispute Board, defeating a Joint Venture Contractor's price adjustment claim under a Red Book construction contract for the Greater Karachi Bulk Water Supply Scheme. The binding decision clarifies how change in law provisions operate in FIDIC contract disputes in the context of sales tax on services.

[NEWS] RIAA defeats fidic price adjustment claim in major karachi water infrastructure project

RIAA secured a decisive victory for a leading public sector entity before a Dispute Board established under a FIDIC Red Book 2010 construction contract for the Greater Karachi Bulk Water Supply Scheme (K-IV Phase I). The FIDIC contract dispute involved defeating a Joint Venture Contractor’s price adjustment claim with major implications for Pakistan’s infrastructure sector.

The Contractor challenged the Engineer’s determination before the Dispute Board, a mandatory prerequisite to arbitration under Clause 20.6. The Contractor sought upward price adjustment under Clause 13.7 (Adjustments for Changes in Legislation), arguing a Sindh Revenue Board tax exemption issued after contract execution constituted a “change in law” event.

The Contractor claimed the exemption rendered its input tax unrecoverable, whereas at contract execution it could adjust input tax against output tax. The Contractor argued this effectively increased costs, warranting price adjustment under the contract’s change in law provisions.

We dismantled this argument by demonstrating that the Contractor had misclassified its services under the Sindh Sales Tax on Services Act 2011. Construction services fell under Tariff Heading 9824.0000, attracting 5% rather than the claimed 13%. This misclassification meant the Contractor’s premise about increased costs was fundamentally flawed.

We successfully argued the SRB exemption did not constitute a “change in law” triggering Clause 13.7. They established the employer maintained all required financial arrangements. The Contractor’s notice threatening work reduction violated contractual procedures.

The Dispute Board dismissed all claims and upheld the public entity’s position entirely. The decision is binding on both parties pending any arbitration. Under Clause 20.4, the decision must be promptly implemented unless revised through amicable settlement or arbitral award. The ruling confirmed contractors cannot claim price adjustments in FIDIC contract dispute proceedings based on tax classification errors.

“This decision reinforces the importance of precision in tax classification within commercial transactions and fortifies the position of public entities engaged in major infrastructure projects across the country,” said Hasnain Naqvee, Senior Partner at RIAA Barker Gillette.

The ruling clarifies how change in law provisions operate in FIDIC contract disputes in the context of sales tax on services.

The matter was led by Saffi-Ul-Hassan (Senior Associate & Litigation Head – Lahore) under the guidance of Hasnain Naqvee (Senior Partner – Pakistan).

For assistance with complex infrastructure contract disputes, contact Hasnain Naqvee today.

This article is not legal advice; it provides information of general interest about current legal issues.

RIAA Barker Gillette is Pakistan’s premier law firm, with an on-the-ground presence in three major cities in Pakistan: Karachi, Islamabad and Lahore, and affiliated offices in Dubai (DIFC) and London. 

The firm practices in all areas of corporate, commercial and dispute resolution law. Leading international legal directories consistently recognise the firm as a top-tier law firm in Pakistan.

RIAA Barker Gillette is the exclusive member firm in Pakistan for Lex Mundi, the world's leading network of independent law firms with in-depth experience in over 125 countries worldwide.

RIAA Barker Gillette is the exclusive member firm in Pakistan for Lex Mundi, the world’s leading network of independent law firms with in-depth experience in over 125 countries worldwide.

News/Insight

  • Coal Supply Safeguarded in High-Stakes Pakistan Energy Dispute

    RIAA Barker Gillette has secured the suspension of an injunction that threatened to disrupt coal offloading for Huaneng Shandong Ruyi (Pakistan) Energy, a 1320 MW imported coal-fired power plant central to Pakistan's generation mix. The appellate court's decision restored operational flexibility in a complex Pakistan energy dispute spanning multiple agreements, a foreign-seated arb...


    Read more
  • E-Commerce Advisory on Customs Valuation in Pakistan

    RIAA Barker Gillette recently advised one of the world’s fastest-growing international e-commerce platforms on customs valuation in Pakistan and import compliance. The engagement addressed the platform’s expanding operations in Pakistan amid evolving regulatory requirements for cross-border digital commerce.


    Read more

  • RIAA defeats ship arrest of M/V Lady Ileen amid the Strait of Hormuz crisis

    The Strait of Hormuz crisis has produced a new wave of shipping disputes — diverted voyages, stranded cargoes, war-risk invocations — with Pakistan's admiralty courts at Karachi emerging as a key forum. Against that backdrop, last week the Sindh High Court released M/V Lady Ileen, a Palau-flagged bulk carrier arrested at Karachi since March 2026. The Court acted on a jurisd...


    Read more
  • PTA Anti-Dumping Duties: RIAA Barker Gillette Secures 9.50%

    In July 2025, RIAA Barker Gillette filed an application on behalf of Lotte Chemical Pakistan Limited (LCPL) before the National Tariff Commission (the Commission), seeking anti-dumping duties on imports of purified terephthalic acid (PTA) from China. T...


    Read more
  • Constitutional Challenge to NEPRA Prosumer Regulations

    RIAA Barker Gillette has filed a constitutional petition before the Islamabad High Court challenging the NEPRA Prosumer Regulations 2026. The regulations replaced Pakistan's decade-old net metering regime with a n...


    Read more

What clients say...

  • Chambers Asia-Pacific 2025

    "RIAA Barker Gillette has always had the most apt ability to handle, manage and steer complex and difficult matters in the right legal direction."

  • Legal 500 2025

    "We have worked with RIAA on a number of complex multi-jurisdictional matters. Throughout, they provided not only exceptional local advice but proved excellent at collaborating with firms across the world. They were instrumental in developing and implementing a comprehensive strategy."

  • Chambers Asia-Pacific 2025

    "Our operation is complex and has many nuances, and they have helped us navigate all of them promptly and professionally."

  • Legal 500 2024

    "Very professional firm, able to provide clear, concise and constructive advice. Proven very astute in formulating overall strategies of engagement."

  • Chambers Asia-Pacific 2024

    "RIAA is highly professional, meeting tight deadlines with the utmost proficiency. They have always come up with out-of-the-box solutions."

Read more
Send this to a friend