Core capability

Government, PSU & Public-Contract Disputes

When the counterparty is the State, a department or a public-sector undertaking

Contracting with the State is its own discipline. The contract is rarely negotiable, and the counterparty follows internal procedure as much as it follows the contract. Remedies split across two tracks. One is contractual, through notices, conciliation and arbitration. The other is public law, through writ jurisdiction, where the State must act fairly even inside a contract.

The work

The practice acts for contractors, suppliers and concessionaires in disputes with government departments, public-sector undertakings and statutory bodies. It pursues withheld payments and price escalation. It resists and challenges terminations and risk-purchase demands. It responds to blacklisting and debarment proposals, where the consequences reach every future tender. And it moves quickly when a performance or advance bank guarantee is invoked or about to be.

It also advises before the dispute crystallises, on notices under the contract, on cure-period strategy, on recording delay and disruption, and on the sequencing between contractual escalation and court protection.

How the practice approaches it

Public-contract disputes are decided on the record the parties built while the work was running. The practice starts from that record. It defines what is actually claimed or threatened. It verifies the contract clause, the tender condition and the governing manual or circular. It tests the department’s action against both the contract and public-law standards. Then it advises on the forum and the sequence, because in this field choosing the wrong track first can cost the right one.

Begin with the issue, not the sales pitch.

Describe the situation in general terms. The forum, the deadline, the document you have received. The practice replies with what it needs to check before anything else, and a conflict check comes before any confidential detail.

Before you write. Please do not send confidential documents, case papers or privileged detail until the practice has completed a conflict check and confirmed in writing that it can act. A first message should describe the issue in general terms only.

Letters & Spirit

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