• Providing legal risk assessment for public tender procedures - detailed analysis and coordination between the acquisition data sheet and the mandatory contract conditions, employer’s requirements, forms, tender clarifications and other documents part of the tender documentation; corroboration and interpretation of contradictions and discrepancies between the content of the tender documentation and legal mandatory provisions of law; advising the bidders on possible mitigation as per domestic and EU legislation and precedents set by the European Court of Justice.

• Drafting requests for clarification of the tender documentation; drafting answers to clarifications requested by contracting authorities.

• Advising clients in relation to the preparation and presentation of the bids in case of ambiguous tender requirements; drafting subcontract agreements; agreements with supporting third parties;

• Assisting and representing clients before the National Council for Settlement of Appeals (CNSC) and the Romanian courts in relation to objections and complaints either to the tender documentation or the results of the tender assessment process.

• Drafting and revising private contract terms, focusing on the essential clauses that require intervention;

• Assisting clients in private contract negotiations and execution;

• Offering legal assistance in any other matters related to the procurement for public and private construction projects.

Our services are designed to accommodate clients’ internal resources. Whether working with the management teams or together with their in-house legal teams, our involvement can be adjusted to meet our clients’ most specific needs and requirements: from full project management and execution to providing highly specialised input whenever necessary.  When our clients choose us for the complete cycle of project management, we can put in place a dedicated team to cover specific, day-to-day tasks such as:

• Monitoring daily correspondence and alerting the client whenever an event requires the issuance of a specific notice under the contract or the law;

• Revising or drafting contractual correspondence;

• Drafting notices of claim, claims substantiations;

• Revising variation proposals;

• Close collaboration and coordination with the client’s planning and technical departments, to ensure a unitary and coherent approach within all contractual submittals, planning and technical documents (correspondence, updated program of works, variation proposals, progress reports, site journals).

• Elaborating strategies for either avoiding disputes or finding the best possible solutions when litigation becomes unavoidable;
• Providing assistance in the whole spectrum of collateral issues which may arise during execution of a construction project, such as: insolvency, intellectual property rights, labor law, public procurement, fiscal law.

• Elaborating detailed and unbiased assessment of the risks and chances of success in potential disputes and proposing robust, coherent strategies for the case;

• Assisting and advising the clients in order to reach amicable dispute settlement;

• Drafting and revising settlement agreements;

• Representing clients before the Romanian courts in sophisticated litigation pertaining to all the area of construction law;

• Assisting and  representing clients  in alternative dispute resolution (dispute adjudication boards, domestic and international arbitration) and before the Romanian courts  in relation to  public procurement and construction contracts’ execution, concerning mainly claims for extension of time, prolongation costs and losses, delay damages, variations, termination and damages post termination and covering as well collateral issues related to permits, labor law, insolvency, intellectual property rights, taxes.