Managing sensitive contractual disputes in construction: the Orange Line Metro Train Lahore project
Authors: Waheed Zehra 
Published: September 2022

Learning outcomes

The key teaching objectives of the case are the following:▪ to develop an awareness of a megaproject’s external environment (through PESTLE) in terms of challenges from each source;▪ to introduce theory that allows students to identify, characterise and describe factors that can lead to inter-organisational conflict during construction projects;▪ to develop the ability to apply the typology of causal factors (identified in Objective 2) to a given context, answering why each factor may have contributed to the given contractual dispute;▪ to develop an understanding of the procurement and contract management process wherein contracts are not only the logical outcome of the procurement process but also the primary vehicles for clarifying responsibilities (for task completion) and risk transfer; and▪ to understand specific dynamics of construction projects that make disputes inevitable and ways to overcome these.

Case overview/synopsis

Priced at US$1.63bn (in 2015), the Orange Line Metro Train (OLMT) project in Lahore was one of Pakistan’s earliest (and costliest!) transport infrastructure megaprojects ever undertaken. Devised to ease congestion in Lahore, promote ecofriendly, efficient, modern and affordable transport systems and lead to improved mobility across Lahore, the OLMT was a socially, politically and economically important project.The case is seen through the eyes of the protagonist, Uzair Shah, a seasoned public servant and an experienced Transport Engineer. At the time of the decision, Shah was General Manager – Operations at the newly established Punjab Metrobus Authority (PMA – the project sponsor) and was also the project lead of OLMT’s Project Management Unit (PMU). Through Shah’s eyes, students approach the project at a juncture when the most serious contractual dispute in the project’s history has erupted. The parties at the interface were Lahore Development Authority (LDA), PMU’s technical interface with contractors and consultants and Maqbool-Colson Joint Venture (MCJV), one of the two civil work contractors hired for OLMT’s civil works.While quality issues had been emerging with MCJV for a few months, LDA had maintained unilateral communications and remained considerably adversarial in their dealings with MCJV. Eventually, in October 2016, this relationship had soured to such an extent that it appeared irreconcilable. It was only then that LDA had recommended Shah to take the contractor to court for non-performance.The decision that Uzair faced was whether to take LDA’s advice and take the contractor to court (terminate the contract, claim performance guarantee and appoint a new contractor) or negotiate and continue with the current contract. The decision had huge financial, legal, reputational, political and schedule-related implications. The decision needed to be taken by the protagonist in the context of all these factors.

Complexity academic level

The case was initially developed for use within a Procurement and Contracts Management course for a (business) executive audience. The case is intended for the business school audience or students enrolled in courses related to the construction management discipline.Courses where the case can be used include Construction Project Management, Public Sector Projects, Contracts and Procurement and Strategic Projects and Practice (or similar). The case can also be used within an MBA setting.

Supplementary materials

Teaching notes are available for educators only.

Subject code

CSS: 9: Operations and Logistics.