Considerations Concerning the Applying of FIDIC Contracts in Romania
Tomme: LVII (LXI) Fascicle: 2 | 2011
Pages: 29-40
Abstract text:
In the context of a continuously developing commercial activity, the standard forms of contracts have become a significantly important part of current transactions, with the purpose of making the activities more efficient and protecting the interests of the contracting parties. In the present, the most spread and used standard forms of contracts in the construction field are the ones drafted by FIDIC (Fédération Internationale des Ingénieurs Conseils). The FIDIC norms had the purpose of driving the public acquisition contracts that encountered serious difficulties in the past few years. In order to constitute a coherent normative frame that would ensure the effective management of the contracts of works financed with public funds, the Ministry of Economy and Finances have initiated a project for PHARE technical assistance, with the purpose of transposing the General Conditions of FIDIC Contracts in the national legislation. The FIDIC Books cover a large scope of situations, depending on the specificity of each project. To this end, FIDIC proposed a series of recommendations for their modification according to specific situations, as the unitary and unaltered application of the conditions from a practical point of view is not beneficial and sometimes it can be even impossible.
Key Words:
FIDIC norms; public acquisition; legislation; order; contracts of work.
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