The risk of fortuitous loss of construction works. Comparison between the international FIDIC and national general contracts of construction works Cover Image

Riscul pieirii fortuite a lucrărilor de construcţii. Comparaţie între contractele internaţionale FIDIC şi contractele naţionale de antrepriză de lucrări de construcţii
The risk of fortuitous loss of construction works. Comparison between the international FIDIC and national general contracts of construction works

Author(s): Oana-Ruxandra Gherghina
Subject(s): Commercial Law
Published by: Editura Hamangiu S.R.L.
Keywords: construction project;risks the project;the standardised FIDIC Red Book and FIDIC Yellow Book contracts;

Summary/Abstract: The fair distribution of risks in construction contracts is an essential requirement to successfully complete the project and for an efficient management throughout the implementation. By means of this paper, the author intends to achieve an analysis of the risk of fortuitous loss of the works in standardised FIDIC construction contracts, also achieving a comparison with the provisions of the Romanian New Civil Code in terms of the national contract of construction works. The goal of the paper is to achieve a comparative analysis of how the risk of partial or total destruction of the construction works is allocated, both for international FIDIC contracts that have been drafted based on the "common-law" and for the contracts of works drafted based on the provisions of the New Civil Code, following to analyse both the similarities and the differences.

  • Issue Year: IV/2016
  • Issue No: IV
  • Page Range: 191-197
  • Page Count: 7
  • Language: Romanian