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June 27, 2022
EDITORIAL OP-ED OPINION POINTS OF VIEW

Pavel, Mărgărit and Associates: Constructions disputes in Romania. Liability of the Constructor

The liability of the constructor in Romania for the executed construction works is regulated by the provisions of the art. 1879 – 1890, Romanian Civil Code.

The executed works are subject to terms regarding their operating performance in the sense that the works must fully comply with the requirements and quality indices provided in the Technical Project, specification, agreement with the beneficiary and construction quality legislation, aspects that result from the Qualitative Reception Document at the end of the works, as well as the Acceptance report.

According to the provisions of the art. 17, para.1 provided in the Romanian Law no. 10/1995, “the reception of the constructions constitutes the certification of the accomplishment based on the direct examination, in accordance with the execution documentation and with the documents included in the technical book of the construction.”, and according to the para. 4 of the same law “the reception of the constructions in Romania is made by the investor / owner, in the presence of the developer and of the executor and / or of the specialized representatives, legally designated by them”.

There are two important stages in the completion of the construction in Romania, namely the stage of signing the reception minute at the end of the construction, at which point the construction is inspected and, if necessary, any deficiencies are reported, and the constructor will remedy them within a certain period, and the stage of signing the final acceptance minute, after the expiration of the warranty period for the construction. Many disputes in Romania regarding the liability of the constructor arise precisely from the divergences arising from the ignorance of the importance of the first stage, at which point the beneficiary should verify the executed construction in Romania, its compliance with the technical project, as well as framing the construction in the quality indices mentioned in the documentation that underlies the start of the execution.

Important to mention regarding the liability of the constructor in Romania are the provisions of Art. 30 para. 1 of Law no. 10/1995 which establish the liability for the hidden defects of both the constructor and the other persons involved in the construction process:

The designer, certified project verifier specialist, manufacturers and suppliers of materials and products for construction, the executor, the technical responsible with the authorized execution, the authorized site supervisor, the certified technical expert are responsible according to their obligations for the hidden defects of the construction, arising within 10 years of the reception of the construction, as well as after this term, throughout the life of the construction, for the defects of the resistance structure resulting from non-compliance with the design and execution legal provisions in force at the date of its implementation.”

An essential aspect to note in the case of disputes regarding the liability of the constructor in Romania is that, according to Art. 21 GD 273/1994, Romanian legislation, after the conclusion of the minutes of reception at the end of the construction, the investor cannot issue other requests for remedying works, penalties, decreases in values and other than those recorded in the minutes of reception at the end of the construction. Exceptions are the hidden defects discovered within the term established according to the law, as well as the defects of the resistance structure resulting from the failure to comply with the design and execution legal provisions in force at the time of construction, discovered throughout the life of the construction in Romania.

Thus, if the minutes of reception at the end of the construction were signed without objections, any deficiencies prior to the reception at the end of the construction can no longer be invoked after that time.

Pavel, Margarit & Associates Romanian Law Firm assisted and represented clients in the disputes regarding the liability of the constructor in Romania for the executed construction, successfully managing to favorably settle such disputes.

With the aim of carrying out such steps, Pavel, Margarit & Associates Romanian Law Firm recommend contacting a specialized lawyer in civil law and civil litigation, construction disputes from Romania that is able to analyze the facts and the legal aspects of the case and to provide legal advice in order to obtain the dismissal of the unfounded claims in respect to the quality of the executed constructions.

 

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