Construction joins together Resources, Knowledge and Hard Team Work to achieve Durability.
Cooperation must be constant between all the entities involved in a construction project. Employer must fully rely upon his appointed representatives, because they are the specialists and they bear responsibility. Employer’s representatives must fully cooperate with the Contractor, since the weight is on his shoulders. And the Contractor must be always aware of both its strength and liability.
In other words, everyone involved must aim to fulfill its particular role, in good faith. Whenever one is passing over its area of competence or is denying his responsibilities, a dispute may emerge. Considering the complexity and the dynamics of any construction project, one dispute may easily determine a cascade of contractual breaches.
Therefore, it is critical that all efforts are joined to support expeditious addressing of all deficiencies. Addressing an incident should be easier than launching a brand new series of disputes. Otherwise, instead of building a plant, one ends up in building a case.
Receiving a favorable award in the end of an arbitration or lawsuit has always been a rewarding experience for a lawyer. Still, even in such moments we cannot help ourselves thinking that maybe a faster solution could have been reached had a slight error been properly corrected at the right time.
In a nutshell, our expertise in domestic and international arbitration (ICC Cases, FIDIC-based disputes) and litigation proceedings before Romanian courts has constantly proved that a deeper understanding of the root cause of the problem and amicable settlement should be pursued with priority, both before and once a dispute has been put into motion.
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