Dispute Resolution — Construction Law · International Adjudication
K&K Advocates acted as counsel for National Medical Stores in landmark FIDIC Yellow Book adjudication proceedings before the Uganda Institution of Professional Engineers, securing an award of delay damages in excess of UGX 6.9 billion against a construction contractor.
Forum: Uganda Institution of Professional Engineers | UIPE Adjudication No. 24/003
Decision: 17 October 2025
Parties: National Medical Stores v. China National Complete Plant Import and Export Corporation JV Obuntu Consulting Limited (COMPLANT)
On 5 June 2017, National Medical Stores (NMS) entered into a FIDIC Yellow Book contract with COMPLANT for the design and build of the NMS 30,000 Pallet Location Warehouse Complex at Kajjansi, Wakiso District, at a contract price of UGX 69,589,707,058.53. The original completion date of 31 March 2019 was extended four times to 19 December 2019. COMPLANT failed to complete by the extended deadline. NMS terminated the contract on 20 October 2022 and demanded delay damages of UGX 6,958,970,705.90, which COMPLANT refused to pay.
COMPLANT denied liability for the delay, relying on unforeseeable ground conditions, adverse climatic conditions, delayed site access, delays by authorities in approving building plans, force majeure (COVID-19), and late payments by NMS. COMPLANT also raised a procedural objection that several matters raised were the subject of a prior adjudication and could not be re-litigated.
The Dispute Adjudication Board (Eng. Livingstone Kangere, Chairman; Eng. Ssebbugga Bernard Kimeze; Eng. Byangire Paul Rusoke) awarded NMS delay damages of UGX 6,958,970,705.85, substantially as claimed. K&K Advocates presented and argued NMS's case throughout the proceedings.
Lead Partners: Peter Kauma
Advocates: Richard Bibangambah · Kangye Stanley
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