Construction Law in Romania

A Practitioners Guide for Construction Contracts in Romania

Construction Law in Romania

Book Description

This book provides legal guidelines on the obligations of each party during the performance of a construction contract in Romania. It offers a comprehensive analysis that integrates the most used standard forms of contract into the Romanian legal framework. The addressed topics are the main legal issues encountered in the performance of a construction contract in Romania, as scholars and construction practitioners raised the need for a legal book that offers practical advice. Until now, no such book has been written. The book shares the practical insights gathered from practical cases in domestic and international construction disputes, identifying the key factors that affect the good performance of a sector that is essential for the development of Romania and for helping scholars and practitioners to overcome these repetitive obstacles. It helps bring more general welfare, as an emerging country improves through better mobility and accessibility, reducing energy waste and using modern power plants. In the context of the significant growth of the Romanian construction market in recent years, there is an urgent need for practitioners to have a comprehensive legal analysis that integrates the most used standard form of contracts within the Romanian legal framework. Also, there is a growing foreign community involved in construction contracts that needs to understand Romanian construction contracts.

1. Introduction to Romanian Construction Law

2. Specific Regulation Applicable to Public Construction Contracts

3. Construction Contract Documents

4. Employer’s Duties

4.1 Site Data and Items of Reference. Base Date

4.2 Permits, Authorisation, Assistance Regarding the Law and the Contractor’s Obligation to Offer Support

4.3 Access on Site. Use of Access Routes, Installation for Water and Facilitates

4.4 Employer’s Personnel and Other Contractors

4.5 Overseeing the Execution of Works

4.6 Adopting Proper Measures

4.7 Elaborating the Technical Book of the Construction

4.8 Taking Over the Work

4.9 Supervision of the Construction After Completion and During Usage

4.10 Implied Obligations of the Employer

4.11 Paying the Price in Romanian Construction Contracts

5. Contractor’s Obligations

5.1 General Obligations

5.2 Time Schedule

5.3 Price Fairness

5.4 Setting Out of Works

5.5 Subcontractors

5.6 Temporary Works

5.7 Code of Conduct, Cooperation with the Employer, Conflict of Interest

5.8 Performance Security

5.9 Contractor’s Personnel

5.10 Safety and Security

5.11 Contractor’s Obligations Relating to the Site

5.12 Risks and Responsibilities

5.13 Quality Standards and Procedures

5.14 Interference: Third Parties and Fossils

6. Supervisor/Engineer – Role and Authority

7. Design Responsibility

8. Utilities, Materials and Equipment

9. Modification of a Construction Contract. Variation

9.1 Variation Under Clause 37 of the Romanian National Contract

9.2 Variations Under FIDIC – Clause 13

9.3 Price Adjustment

10. Risks and Unforeseen Events

11. Securities, Warranty Period and Defects Liability

12. Termination Causes and Parties’ Rights and Obligations After Termination

13. Claims and Disputes