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• 2024-09-17 05:57:04
• Admin

A construction dispute is a conflict or disagreement that emerges within the scope of a construction project, which can occur during the pre-construction planning, contracting phase, or post-construction phase. Legal Concern is a leading corporate law firm specializing in construction law in Nepal. Our skilled attorneys have extensive experience representing clients in court cases, mediation, and arbitration, with a strong practice in contract law, regulatory compliance, employment and labor law, as well as alternative dispute resolution.

Construction Dispute Law in Nepal

The Construction Business Act 2055 is the principal legislation governing the construction industry in Nepal. It manages and supports construction businesses and promotes adherence to quality standards. Chapter 2 of the Act outlines the necessary licenses for construction, and Section 21 covers agreements with international governments and organizations.

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Our Services

Mediation

Before proceeding with mediation in a construction dispute, it is essential to conduct a comprehensive assessment of the issue, including its causes, the problems at hand, and potential points of agreement.

Legal Concern gathers all relevant documents, including agreements and contracts, to facilitate neutral and unbiased mediation sessions. We assist clients in drafting mediation agreements that define the terms and conditions of any settlements reached.

Arbitration

Since mediation agreements are not enforceable, arbitration is a practical alternative for resolving construction disputes. Typically, construction contracts specify arbitration as the preferred method of dispute resolution.

Legal Concern works with both contractors and construction firms, incorporating arbitration clauses into contracts. We assist in selecting qualified arbitrators with expertise in construction matters and manage the entire arbitration process, including hearings, evidence collection, and witness testimony. We also oversee the implementation of arbitral awards through appropriate channels.

Litigation and Court Cases

If alternative dispute resolution methods are unsuccessful, our experienced lawyers and advocates represent contractors and construction firms in court litigation. We evaluate the merits of construction disputes and represent clients in all courts across Nepal. Additionally, we handle appeal cases and work actively to enforce court judgments.

Agreement Negotiation

Agreements are a crucial element of any construction project, but in disputes, they may not always be enforceable, leading to conflicts.

In such cases, Legal Concern conducts thorough negotiations to resolve disputes and reach agreeable terms.