Mihai Ionescu-Balea, Partner at Sarbu Partners, participated in the 20th edition of The BIM
Challenge, as part of the session dedicated to liability and risk in the era of digital
documentation.
The discussion brought together perspectives from private legal practice and the construction
industry, focusing on the legal implications of the transition towards working with digital data
and documentation.
Our colleague addressed a number of topics relevant to the evolving legal and contractual
framework of construction projects:
– The impact of CATUC and its interplay with two major pieces of legislation relevant to
the construction sector – Law No. 98/2016 on public procurement and Government
Decision No. 1/2018;
– How BIM requirements will be reflected in tender documentation and in employers’
requirements, as the use of BIM becomes an integral part of project development
processes;
– The contractual provisions that will become increasingly important in the transition
towards working with digital data, with a focus on risk allocation and management
clauses, force majeure provisions and dispute resolution mechanisms;
– The advantages of commercial arbitration as a preferred dispute resolution mechanism
for the efficient and consistent management of complex digital evidence.
The discussion reaffirmed the need for the digitalisation of construction projects to be
accompanied by a corresponding evolution of the contractual and legal framework, ensuring
that new technologies are supported by clear mechanisms for the allocation and management
of risks.
Sarbu Partners’ participation in The BIM Challenge 2026 reflects the firm’s continued focus on
the legal developments accompanying the digital transformation of the construction industry
and their implications for contracts, risk management and dispute resolution.
