Dispute Management and Solutions Pvt Ltd -DMS

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Dispute Management and Solutions Pvt Ltd -DMS

Contract & claims Management, Dispute Resolution, Adjudication, Arbitration in FIDIC & PPMO Contract

01/01/2026

Happy New Year 2026 ✨
Building clarity. Resolving disputes. Strengthening partnerships.

🌐 dmsnp.com

27/10/2025

तराईको सांस्कृतिक झलकसँगै श्रद्धापूर्वक मनाइने छठ पर्वको पावन अवसरमा DMS परिवारको तर्फबाट हार्दिक शुभकामना।

23/10/2025

भाइटीकाको शुभ अवसरमा, दिदी–भाइबीचको पवित्र सम्बन्ध अझ गहिरो र सुदृढ बनोस्। DMS तर्फबाट हार्दिक मंगलमय शुभकामना! 🎉

#भाइटीका

20/10/2025

✨ Happy Diwali from DMS ✨
May the Festival of Lights bring brightness, prosperity, and positivity to your life and business.
Let’s illuminate new beginnings and spread joy all around.

01/01/2024

Wishing everyone a prosperous and joy-filled New Year 2024🌟 May this year bring success, growth, and wonderful opportunities.

#2024

23/06/2023

Rate only Item in BoQ while only Bidding

Whether as an Employer or Contractor, don't underestimate the Rate Only Item

Rate only is an indication that a certain item of work will be carried out ,but that the quantity is not known at the time of signing the contract.
It is even more important that as such , Rate only does not affect the overall offer/ bid price.

Projected value prudent Employer will include in Provisional or Contingency Sums

On the other hand, as experience Contractor will evaluate the work in question according to the importance and quantity and adequately determine the Price as Rate only.

What Dangers are hidden here:

For the Contractor
If the amount of work is extremely higher than the expected , and the Rate only is below the market price.

For the Employer
If in the same case, accepted Rate only Item cannot be changed.

In any case, the contract Rate only Item cannot be changed unless agreed by both the Parties.

11/05/2023

Termination of Contract

The Party with the right to terminate i.e. the innocent Party has a choice to end the Contract or keep it alive. Once the choice is communicated, it cannot be undone. Once the Contract is terminated, it cannot revive unless both the Parties agree which is not the case. Only the innocent Party has a choice to treat the Contract as continuing ( affirming the Contract) or bring it to an end. Only clauses that survive after termination include a choice of law, jurisdiction, arbitration or dispute resolution Mechanisms.

14/04/2023

We wish everyone happy and a prosperous new year 2080..May this be a year of magnificent transformation..

04/04/2023

“A provisional sum is usually included as a round figure guess, it is included mathematically in the original contract price but the parties do not expect the initial round figure to be paid without adjustment. The contract usually provides for the provisional sum to be omitted and an appropriate valuation of the work actually carried out to be substituted for it.”

Midland Expressway Ltd v Carillion Construction Ltd (2006) 107 Con. L.R. 235]

FIDIC 2010 MDB defines “Provisional Sum” means a sum (if any) which is specified in the Contract as a provisional sum, for the ex*****on of any part of the Works or for the supply of Plant, Materials or services under Sub-Clause 13.5 [Provisional Sums].

Sub Clause 13.5 of GCC further states "Each Provisional Sum shall only be used, in whole or in part, in accordance with the Engineer’s
instructions, and the Contract Price shall be adjusted accordingly"....

The Contractor under PS item shall be paid

1. the actual amounts paid (or due to be paid) by the Contractor, and
2. a sum for overhead charges and profit, calculated as a percentage of these actual amounts by applying the relevant percentage rate (if any) stated in the appropriate Schedule. If there is no such rate, the percentage rate stated in the Contract Data shall be applied. Generally 5 to 15% depending on the Particular Project"

To determine the actual Cost incurred, the Contractor shall, when required by the Engineer, produce quotations, invoices, vouchers and accounts or receipts in substantiation.

Address

Kathmandu
44600

Website

http://dmsnepal.com/

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