Review 2021

ROMANIAN CONSTRUCTION LAW REVIEW: NUMBER 6, 2021

Romanian Construction Law Review, Number 6, 2021

ISSN:2502-0161, ISSN-L: 2501-5338

ARTICLES

Practices deployed to foster efficiency in international construction arbitration

Author

Cristina Ioana FLORESCU

Associate Professor PhD, Faculty of Legal and Administrative Sciences, Spiru Haret University

Abstract

Under the conditions caused by the outbreak of the Covid-19 pandemic, the society has nowadays become dominated by the need to adapt to the changes that have taken place and to manage to adapt as efficiently and quickly as possible to the requirements of the users of arbitration. The changes have also led to an inherent technological advance in the digitization of justice and especially arbitration. The existing technology was taken over, improved and used immediately for communication and for conducting arbitration proceedings in the virtual environment.
Henceforward, the technology advances and changes at such a fast pace that users are increasingly overwhelmed by the news and need to keep abreast of new trends, especially to be aware of the various opportunities available and how to apply the innovative instruments.
This paper is considering the efficiency in the case management of arbitration proceedings, especially for the perspective of the construction industry cases, taken into consideration a few recently soft law guidelines issued in order to facilitate the ease application of best practices tools that address the usersÔÇÖ concerns.
Keywords: arbitration, efficiency, construction industry, dispute adjudication board, information technology

JEL Codes: K12, K15, K41; K49

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Construction Contracts Price Rules under the New Civil Code

Authors

Oana-Ruxandra GHERGHINA, 
Attorney at Law

Abstract

The construction industry plays a key role in the creation of the wealth of our nation and it forms the backbone of most industries in Romania. Price determination for construction projects with minimum error at the conceptual stage of project development is crucial for planning, but cost escalation, schedule overruns and quality shortfalls on construction projects often offset the intended contribution of the industry to the economy.
The aim of the study reported in this paper was to highlight the price determination rules under the Romanian Civil Code and the major causes of cost escalation, schedule overruns and quality shortfalls in the context of the Romanian construction industry.
The results of our study show that the most significant causes for cost escalation were the fluctuation of material price and variations (change orders) but consultants, clients and contractors also identified insufficient initial analysis of costs as a frequent and severe factor that caused cost escalation. Lack of qualified personnel and financial difficulties on the part of the contractors were ranked as the most frequent and severe causes of schedule overruns and poor financial management was established to be the most common factor for quality shortfalls on construction projects. Performant project management practices and training have been recommended for construction projects to be executed successfully in Romania.

Keywords: Price, FIDIC, Construction contract, Construction projects, cost escalation, schedule overruns, quality shortfalls, Romania

JEL Codes: K12, K23

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Necessary Parking Spaces for obtaining a Building Permit

Author

Simona GUȚIU
Lecturer PhD, Faculty of Law, Bucharest University of Economic Studies

Abstract

In order to obtain a valid building permit, it is necessary for the real estate investors to comply with the requirements regarding the minimum number of parking spaces, taking into account the characteristics provided by the applicable legal framework both at national and local level.
At local level the legal framework may provide (i) stricter rules and different indicators comparing with the general rules; (ii) sanctions in case of non-fulfillment by the real estate investors of the minimum number of parking spaces required; or (iii) solutions if the parking spaces cannot be built inside the real estate on which the investment is developed with.
 

Keywords: Parking Spaces, Building Permit, Real Estate, Rules, Indicators, Sanction, Invest.
JEL Codes: K13

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