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

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 implementation included, beside the main General Conditions and Special Conditions, additional clauses related to the adjustment of these general documents to the specifics and requirements of Romanian Contracting authorities. There could be a separate debate on whether or not such adjustments were for the benefit of the projects ÔÇô being quite generally admitted that they affect the initial FIDIC intention to balance the partiesÔÇÖ position in such contracts, by imposing a more onerous position on Contractors and less liabilities on the Employer/Contracting Authority, but this exceeds the purpose of this article.
It is just to be pointed out that most of the infrastructure projects awarded by Romanian Contracting Authorities are based on the FIDIC principles and as such the issues related to the statute of limitation are of significant importance for the Contractors and Employers alike being known that disputes arisen shall be settled considering not only the FIDIC principles but also the principles applicable in Romanian law.

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