Arhivă Revistă

  • 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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  • Variation of works in contracts awarded through… (Marius BÂRLADEANU)

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    Introduction Variations and adjustments of construction works are generally recognized as sources of many disputes between employers, contractors and other professionals involved in construction industry. This is why standard clauses and mechanisms to mitigate such risks are a continuous concern for all professionals worldwide. Nevertheless, even a well built contractual mechanism is sometimes ineffective in front of a stronger rule:

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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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  • 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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  • The coding of legislation… (Constantin-Adrian BALABAN-GRĂJDAN)

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    Introduction As a result of the dynamics of building construction activity in Romania in recent years major failures were found in the interpretation of regulations in the areas of regional planning, urban design and construction, especially in regard to practical application of these regulations published while browsing the logical steps for building up a building/construction. At this time, legislation in

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