Sarbu Partners, as a law firm specialised in arbitration and construction law, participated in the 2nd edition of the PRIA Circular Economy in Construction Conference, 12 March 2025, Bucharest. Lawyers Eugen Sarbu and Tasiana Timofticiuc provided a valuable legal perspective on how contractors can recover additional costs caused by environmental activities in construction contracts.
Recovery of environmental costs in construction contracts – effective legal solutions
Coordinating lawyer Eugen Sarbu gave a detailed presentation on the recovery of additional costs for environmental activities in construction contracts, providing practical solutions for contractors and economic operators.
With over 10 years’ experience in commercial litigation, he highlighted the interplay between environmental and construction law and explained the legal steps required to recover these costs.
FIDIC contracts and claims for additional costs
Under FIDIC contracts, contractors who incur additional costs caused by environmental activities not specified in the FIDIC contract may request that the Engineer issue an Instruction to recover the costs. In the event of a refusal, contractors may challenge the decision in court or in arbitration, alleging abuse of contractual rights. With the support of lawyers specialising in construction law, contractors can obtain financial compensation through legal remedies such as the contract price, tort liability or the principle of unjust enrichment.
Recovery of environmental costs in public works contracts
In the case of contracts governed by GD No 1/2018 (National Works Contract), contractors may submit claims for the recovery of costs related to environmental activities. This procedure involves notifying the Employer within 30 days, followed by an assessment by the Supervisor. In the event of a disagreement with the decision of the Supervisor, contractors may challenge the decision and may appeal to commercial arbitration or the courts.
Comparison between commercial arbitration and ordinary courts
During the conference, lawyer Eugen Sarbu emphasised the particularities of commercial arbitration in settling construction disputes. Arbitration offers quicker decisions, lower costs and procedural flexibility compared to disputes in ordinary courts.
Sarbu Partners – a reliable partner for the legal success of construction companies
Attending the PRIA Circular Economy in Construction Conference was an excellent opportunity for Sarbu Partners to contribute to the debate on the circular economy in construction, together with experts from public administration, the private sector and the construction industry.
At Sarbu Partners, we focus on delivering exceptional results for every client. We aim to build lasting relationships based on trust and efficiency through experience and a meticulous approach to each individual case.
For more information, contact us at office@sarbupartners.ro.
