Corporate publications

At a glance through any of the range of contracts offered in the 1999 and the 2017 Editions of the FIDIC Contract Suites, one will soon be aware that following the submission of a claim by either of the parties, the Engineer’s response and determination thereof is only the first step of the contractual and legal process of dispute resolution and final settlement. Should a claiming party be dissatisfied with an Engineer’s determination, it should inform the Engineer that it disputes the findings and intends to pursue such dispute through […]

We were all honored to organize together with the Association of Spanish Companies in Romania (ASEMER) the workshop on “Contracting in Romania nowadays – Risks, advantages, constraints, contract management, construction law and guidance best practice. Disputes and arbitration”, which took place at the Crowne Plaza Hotel, with guest speaker Mr. Laurentiu Plosceanu, the President of the Romanian Association of Construction Contractors. Engaging and inspiring experts of Techno Engineering & Associates delivered the following presentations: Challenges and gains/advantages that an international contractor either intending to enter the Romanian construction market for the […]

Engineers, Lawyers, Contract Managers and Practitioners are required – during the performance of their professions and specialisms in Contract Management and Construction law – to deal with Letters of Intent, Bonds and Guarantees and the Defects Liability Period applicable in some form or other to the projects they will deal with during their careers.

Part I of this article will deal with some of the more important issues on DAB Decision enforceability, particularly emerging from the Persero cases. Also included will be some warnings about potentially important points of procedure when seeking to maximize the chances of early DAB Decision enforcement.

Key aspects that Contractors, while performing Public works in Romania under the FIDIC Red and Yellow Books, should be aware in respect of the operation and application of Romanian law, which imposes certain limitations and constraints relevant to:  Variations under Clause 13 (Red and Yellow Books);  Design liability (Yellow Book);  Certification under Clause 14 (Yellow Book);  Statute of Limitations (Red and Yellow Books);  The appointment of the DAB (Red and Yellow Books);  International Arbitration or Romanian Courts as final method of dispute resolution.

Based upon Techno Engineering & Associates and the author Romanian experience, appointing a Standing DAB within a specified period from Commencement Date of a project has been followed in the past reluctantly by most Contractors.

The aim of this article is to briefly present the realities of the international construction industry assessed from the Consulting Engineer’s point of view and to highlight the aspects that may be changed in order to improve communication between all the parties involved, not just the contractual parties, to enhance the likelihood of reasonably achieving successful projects.

The brief paper is based upon the personal experience of the author with Project Planning and Monitoring of Progress in Romania and Internationally. The aim of the paper is to share the author’s experience which has been acquired exclusively from practice internationally over a period of 20 years and in Romania since 2002 to date.

This short paper is based on the author’s experience while acting, for the past 10 years, as Consel for various international contractors in 32 separate DAB proceedings and 11 ICC Arbitrations. The author and his firm (Techno Engineering & Associates) have also been involved during the same period in the appointment procedures of various Dispute Boards of standing and ad hoc status under the provisions of the FIDIC 1999 red and yellow books. The above took place in the legal jurisdiction of the contry of Romania, yet further research was […]