Review articles

The Romanian Society of Construction Law aims to support the construction sector by elaborating juridical and technical opinions regarding both the legislation and the practice, by promoting and developing the related fields and, not least, by maintaining strong links with individuals, companies and institutions from Romania or abroad, which are active in the construction area.

Editorial

Articles

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

    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)

    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)

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

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

    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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