Arhivă Revistă

  • Statutory dispute resolution. The british perspective (Richard BAILEY)

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    Introduction This is a paper given to the Romanian Society of Construction Law at their inaugural conference from 19 to 21 March 2015. The purpose of this paper is to introduce the participants at the conference to statutory dispute resolution in the United Kingdom. Statutory adjudication, which was introduced by the Housing Grants, Construction and Regeneration Act 1996 and came

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  • International construction law as a ‘Private Legal System’ (Matthew BELL)

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    Introduction The legal issues involved in the construction and use of the built environment are complex, diverse and of fundamental importance to commerce and society around the world. However, legislative and judicial inroads into construction activity remain susceptible to parochial concerns, resulting in legal regulation tending to run counter to the desire of international commerce for certainty and coherence. In

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  • Problems occurred in the application of Fidic-type contractual provisions… (Mihai DICU)

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    Introduction A uniformed labor market and globalization as a world-wide effect imply the knowledge of regulations with common characteristics for the concerned parameters. In this regard, adopting the control conditions of the execution at a common denominator, known and respected by all participants in the system, becomes obligatory in their adoption at the decisional level.

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  • Smart contracts and possible applications to the construction industry (Helder CARDEIRA)

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    Introduction The Final Report, an inquiry into Construction Industry Insolvency in NSW (Collins 2012), requested by the NSW Government in light of a number of mid-tier builder insolvencies in NSW and the knock-on effect on subcontractors, highlighted payments withheld or not paid, to be at the heart of the problem. Uncertainties in payments leading to cash flow difficulties have been

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  • Comparative view of risks’ allocation in a FIDIC contract… (Alice APETREI)

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    Introduction An important aspect considered by the parties when deciding on a form of contract is related to allocation of responsibilities and risks1. In this paper, we will try to present, comparatively, the allocation of risks in the FIDIC Red Book2 and the Romanian construction contract by pointing out several of the key responsibilities of the parties and their related

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  • Statute of limitation in FIDIC contracts… (Zaira Andra BAMBERGER)

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    Introduction For major infrastructure projects in Romania which are awarded under the a public procurement procedure, the recommendation of the EU Commission was for the usage of the FIDIC General Conditions of Contract (hereinafter FIDIC GCC). They were also included as part of the Romanian internal legal system under the provisions of several normative acts issued by various institutions1. Such

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