Construction Law

Main Contacts

Overview

Sarbu Partners’ lawyers have built a strong reputation in construction law in Romania and abroad, by combining deep technical understanding of construction projects with the ability to translate complex technicalities into precise legal arguments.
With over 20 years of combined experience in construction industry, and recognized as leading Romanian construction law specialists, we provide comprehensive assistance and representation in both local and cross-border construction contracts.
We have extensive experience in standard construction contracts, including: FIDIC, EPC, NEC 3, and Romanian Construction Works Contracts (HG 1/2018). We guide clients thorough all stages of construction projects, delivering practical, legally sound solutions tailored to the specific challenges of each project.

Services we provide

· Management of claims under Romanian standard construction contracts and FIDIC contracts in Romania;
· Legal assistance and representation in disputes arising out of construction contracts in front of Dispute Adjudication Boards, Arbitral Tribunals and Romanian Courts;
· Assistance and representation in construction dispute resolution in Romania, including conflicts between Constructor, Designer, Supervisor, Employer or the members of a Joint Venture;
· Consultancy during the negotiation phase and drafting of tenders for construction contracts in Romania;
· Contract management during project execution;
· Legal assistance in obtaining building permits and related administrative documents.

Work Highlights in Construction Law

· Representation in an international construction arbitration conducted under the ICC Paris rules, in a dispute worth over €35 million, arising from a design and execution of one of the largest power plants in Finland;
· Representation of a foreign construction company in a FIDIC Yellow Contract dispute for extension of time (EOT) and additional payment, worth RON 12 million;
· Represented a leading company in the heating installation and construction sector in an ICC arbitration, with the seat of arbitration in Geneva, involving claims of €9 million;
· Representing a leading construction company during notification of claims and DAB procedure for additional works resulting in additional costs of €6 million incurred during the performance of a road/highway contract;
· Representation of a public institution in a litigation regarding the validity of the construction permit for building an educational research centre valued at €10 million;
· Representation of the Contractor in litigation concerning suspension and annulment of a Negative Performance Certificate issued under Article 167 of Law No. 98/2016, following the termination of a design and build contract for road rehabilitation;
· Representation of the Contractor in an Emergency Arbitrator proceeding concerning the suspension of the Employer’s right to enforce the Performance Security in a road infrastructure project;
· Consultancy during the execution of a public procurement contract for a historical monument rehabilitation worthing RON 40 million, including drafting claims for additional works and extension of time.