CONTRACTING IN ROMANIA NOWADAYS RISKS, ADVANTAGES, CONSTRAINTS, CONTRACT MANAGEMENT, CONSTRUCTION LAW AND GUIDANCE BEST PRACTICE
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CONTRACTING IN ROMANIA NOWADAYS RISKS, ADVANTAGES, CONSTRAINTS, CONTRACT MANAGEMENT, CONSTRUCTION LAW AND
GUIDANCE BEST PRACTICE
Dispute Avoidance and Disputes Resolution Best Practice
Presented by Adv. Marius Teodorescu
Techno Engineering & Associates
Workshop ASEMER – 29 November 2016
Integrated Contract Management www.technoeng.com
Construction best practices
Lessons learned
Construction pitfalls
Dispute avoidance
• Notices to claim drafted properly and submitted timely
• Real time claims management
Timely submission of claims & updates
Proper substantiation of claims
Negotiations: focus on the big picture and end goals
www.technoeng.com
Workshop ASEMER – 29 November 2016
Integrated Contract Management
• Integrated contract management
Dispute Adjudication
Bridge from avoidance to resolution of disputes
Standing DAB vs. ad-hoc DAB
Appointment of the DAB sooner rather than later
Engineering approach – Flexibility – Cooperation
Workshop ASEMER – 29 November 2016
Integrated Contract Management www.technoeng.com
What can go wrong?
When adjudication becomes confrontational
Arbitration vs. courts:
When all else fails
ICC arbitration – competent and professional
Domestic arbitration – unreliable
Romanian courts – require tailored approach
Workshop ASEMER – 29 November 2016
Integrated Contract Management www.technoeng.com
Cost vs. benefits. One-stop shop counsel
Enforcement of DAB decisions:
TE&A pioneered the process
A means to obtain quick temporary relief
Only possible in arbitration
Bifurcation of the arbitration proceedings
Workshop ASEMER – 29 November 2016
Integrated Contract Management www.technoeng.com
New enactment EGO 7/2016 allows payment of DAB
decisions
Lessons learned
Keeping records
Claims management and project correspondence
Workshop ASEMER – 29 November 2016
Integrated Contract Management www.technoeng.com
Good contract management is essential for the success of the dispute resolution process
Stick to the Contract
Settlements/addenda should be clear, unambiguous
Make the most use of the DAB process
www.technoeng.com
Workshop ASEMER – 29 November 2016
Integrated Contract Management
Neglecting notices and claims ≠ dispute avoidance
Contractors are not rich enough to buy cheap things
When to stop negotiation and start adjudication
Should we keep going, suspend work or terminate?
Good lawyers vs. good construction lawyers
Pitfalls
Thank you for your time!
www.technoeng.com
Workshop ASEMER – 29 November 2016
Integrated Contract Management
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