Contract Dispute Lawyer in Nepal | Bhandari Law & Partners

Contractual relationships are central to commercial transactions, business operations, construction projects, investments and professional services. When disagreements arise concerning contractual obligations, payment, performance, termination or liability, parties may require legal assistance to assess their positions and pursue an appropriate resolution.

 

A contract dispute lawyer may assist parties in examining contractual rights and obligations, preparing or responding to claims, negotiating settlements, and pursuing litigation or arbitration where appropriate in Nepal.

 

Bhandari Law & Partners is a Kathmandu-based law firm established in 1989 as Bhandari Law Chamber by Advocate Thahar Bahadur Bhandari. The firm subsequently developed into Bhandari Law & Partners, with practice areas encompassing corporate and commercial law, construction and infrastructure, investment, litigation and dispute resolution.

 

The firm's work in contractual matters relates to disputes arising from commercial agreements, business transactions, contractual performance and other legal relationships. Depending on the nature of the dispute, the required assistance may include pre-dispute advice, claim assessment, negotiations, preparation of legal submissions and representation in appropriate proceedings.

 

 

Contract disputes may involve different legal issues depending on the agreement, the parties' obligations and the circumstances giving rise to the disagreement. The nature and scope of legal assistance depend on the specific matter and the applicable legal framework.

 

2.1 Commercial Contract Disputes

Commercial contract disputes may arise between companies, suppliers, distributors, service providers, consultants, investors and other contracting parties.

 

Issues may include non-payment, failure to deliver goods or services, disagreements over contractual obligations, disputed invoices, contractual termination and alleged breach of commercial agreements.

 

Legal assistance may involve reviewing the contract and related correspondence, assessing the parties' respective positions, preparing claims or responses, advising on settlement options and pursuing appropriate dispute resolution proceedings.

 

2.2 Breach of Contract Representation

Where a party alleges that another party has failed to perform its contractual obligations, legal representation may be required to assess the alleged breach and determine the available legal options.

 

The work may involve examining contractual obligations, reviewing supporting evidence, assessing the basis of the claim or defence, preparing legal notices and submissions, and representing the party in negotiations, litigation or arbitration as appropriate.

 

The legal assessment depends on the contractual terms, applicable legislation and evidence available in the particular matter.

 

2.3 Construction and Infrastructure Contract Disputes

Construction and infrastructure projects may give rise to disputes concerning payment, variations, delay, extension of time, completion, defects, suspension, termination and contractual allocation of risk.

 

Such disputes may involve employers, contractors, subcontractors, consultants, suppliers and other project participants.

 

Depending on the agreement and circumstances, legal assistance may include reviewing construction contracts, examining claims and contractual notices, assessing payment and delay disputes, advising on dispute board procedures, and representing parties in arbitration or court proceedings where appropriate.

 

2.4 FIDIC and EPC Contract Disputes

FIDIC and engineering, procurement and construction (EPC) contracts may contain detailed procedures governing contractual notices, claims, determinations and dispute resolution.

 

Disagreements may concern extensions of time, additional costs, variations, payment certification, delay damages, defective work or termination.

 

The legal assessment may require examination of the applicable contract edition, Particular Conditions, project records, contractual notice requirements and dispute resolution provisions.

 

Depending on the contract, the relevant procedure may involve the engineer, a dispute avoidance and adjudication board, arbitration or court proceedings. The applicable route must be assessed against the agreement and governing law.

 

2.5 Shareholders' Agreements and Joint Venture Contract Disputes

Business partnerships and joint ventures may experience disputes concerning contractual rights, financial contributions, profit distribution, management responsibilities, transfer of shares, exit arrangements and alleged non-performance.

 

Legal assistance may involve interpreting the relevant agreements, assessing contractual rights and obligations, advising on negotiation or settlement, and pursuing appropriate dispute resolution proceedings.

 

Where contractual issues overlap with company law, corporate governance or foreign investment regulations, those issues may also need to be considered.

 

2.6 Service, Supply and Consultancy Agreement Disputes

Disputes may arise under service agreements, supply contracts, consultancy engagements, distribution arrangements and other commercial agreements.

 

Common issues include the quality or scope of performance, delivery obligations, unpaid fees, contractual deadlines, confidentiality obligations and termination.

 

The appropriate legal response depends on the contract, the evidence and the relief available under applicable law.

 

2.7 Contractual Payment and Recovery Disputes

Unpaid contractual amounts can affect businesses, contractors, consultants, suppliers and other service providers.

 

Depending on the circumstances, legal assistance may involve reviewing outstanding payment obligations, examining invoices and supporting records, preparing payment demands, negotiating settlements and pursuing recovery through the appropriate forum.

 

The legal basis for recovery, any applicable limitation period and the available remedies should be assessed before proceedings are commenced.

 

Representation in a contract dispute may involve several stages. Not every matter requires every stage, and the appropriate approach depends on the contract, the parties' objectives and the applicable legal framework.

 

3.1 Contract Review and Dispute Assessment

The initial assessment may involve reviewing the relevant contract, amendments, correspondence, notices, payment records and other supporting documents.

 

The purpose is to identify the disputed obligations, the parties' respective positions, relevant contractual procedures, potential claims and defences, and any applicable time limits.

 

3.2 Legal Notices, Claims and Responses

Depending on the circumstances, a dispute may require a contractual notice, demand, response to a claim, or other formal communication.

 

The content and timing of such communications may be important, particularly where the contract prescribes notice requirements or procedural deadlines.

 

3.3 Negotiation and Settlement

Where appropriate, legal assistance may include advising on settlement options, preparing negotiation positions and reviewing proposed settlement terms.

 

A negotiated resolution may help the parties address payment, performance, termination or other disputed obligations without pursuing the matter through a full formal proceeding.

 

3.4 Litigation Representation

Where court proceedings are appropriate, representation may involve preparing pleadings, assessing evidence, presenting legal arguments and seeking relief before the competent court.

 

The appropriate forum and procedural requirements depend on the nature of the claim, the applicable law and any valid dispute resolution agreement.

 

3.5 Arbitration Representation

Where a valid and applicable arbitration agreement exists, a contract dispute may be referred to arbitration in accordance with the agreement and applicable law.

 

Arbitration-related work may include examining the arbitration clause, preparing claims and responses, organising documentary evidence, developing legal submissions and representing a party in the proceedings, subject to the scope of the engagement.

 

For international commercial contracts, additional considerations may include the seat of arbitration, procedural rules, governing law and potential enforcement of an arbitral award.

 

 

The National Civil Code Act, 2017 (2074), contains general provisions concerning contracts, breach of contract and remedies. Depending on the nature of the transaction, other legislation, contractual provisions and sector-specific legal requirements may also apply.

 

The appropriate legal framework should be assessed in the context of the specific dispute, including the type of contract, the parties' obligations, the agreed dispute resolution mechanism and the relief being sought.

 

For construction contracts, public procurement arrangements, banking transactions and international commercial agreements, the legal assessment may require consideration of additional statutory and contractual requirements.

 

The applicable provisions and limitation periods should be verified against current authoritative legal materials before legal action is taken.

 

 

Bhandari Law & Partners' practice areas include corporate and commercial law, construction and infrastructure, public procurement, litigation and dispute resolution. These areas may intersect in contractual matters involving businesses, project participants, investors and other contracting parties.

 

Depending on the engagement, the firm's work concerning contract disputes may include:

• Reviewing commercial and construction contracts.

• Analysing contractual obligations and disputed provisions.

• Assessing claims, responses and supporting evidence.

• Preparing contractual notices and legal submissions.

• Advising on negotiation and settlement options.

• Examining contractual arbitration clauses and dispute resolution procedures.

• Assisting with construction-related claims and contractual disputes.

• Representing parties in appropriate litigation or arbitration proceedings, subject to the terms of the engagement and applicable professional requirements.

 

The nature of the work undertaken in any particular matter depends on its facts, complexity, applicable law and the scope of the professional engagement.

 

 

Advocate Thahar Bahadur Bhandari — Founding and Senior Partner

Advocate Thahar Bahadur Bhandari founded Bhandari Law Chamber in 1989. His professional responsibilities include senior legal practice and oversight of matters within his areas of responsibility. His involvement in a particular contract dispute depends on the nature of the matter and the firm's allocation of professional responsibilities.

 

Advocate Nabin Bhandari — Founding and Managing Partner

Advocate Nabin Bhandari is the firm's Founding and Managing Partner. His practice encompasses corporate and commercial law, contractual matters, investment and dispute resolution. Depending on the engagement, his work may involve contractual analysis, assessment of commercial risks, review of dispute resolution provisions and coordination of litigation or arbitration-related matters.

 

Sophiya Bhandari — Senior Associate

Sophiya Bhandari is a Senior Associate at the firm. Depending on the matter and the allocation of responsibilities, her role may involve legal research, document review, preparation of case materials and other work relevant to contractual disputes.

 

In additional  to above team other Partner, Senior Associates and Associates of the firm assist Contract Related Disputes.

 

The documents required to assess a contract dispute depend on its circumstances. Relevant materials may include:

 

• The signed contract and any amendments.

• Statements of work, schedules and annexures.

• Correspondence, notices and meeting records.

• Invoices, payment records and supporting financial documents.

• Delivery records, completion certificates and inspection reports.

• Records of variations, delays and additional costs.

• Relevant arbitration clauses or other dispute resolution provisions.

• Documents supporting the alleged loss or contractual defence.

 

Preserving the relevant records can assist in assessing the dispute and preparing a legal position.

 

Contract disputes may affect business operations, contractual payments, construction projects, investments and commercial relationships. Their resolution requires careful consideration of the agreement, the evidence, the applicable law and the dispute resolution mechanism.

 

Bhandari Law & Partners' practice encompasses corporate and commercial law, construction and infrastructure, litigation and dispute resolution. Depending on the nature of the engagement, contractual matters may involve legal analysis, preparation of claims and responses, settlement discussions, litigation or arbitration.