Expertise

Construction Law

Construction law represents our main specialisation. In a continuously changing and developing field, our team is up to date with internal and international trends, obtaining important results for clients in complex projects related to FIDIC and NEC contracts.

Oglindă & Partners offers clear and business-oriented solutions for the success of any construction project, in subfields as infrastructure, civil and industrial constructions, historical monuments and others.

We stand alongside our clients from the precontractual phase (public tender procedures or contract negotiation), following the evolution of the project throughout its progress, until its completion, including through assistance and representation in court or arbitral proceedings for disputes which have arisen in relation to these contracts.

The service for management of construction contracts represents the most complex and integrated service offered by our firm in which, depending on the implications of each project, we collaborate with technical specialists in order to ensure the coverage of all aspects which are relevant for the success of the project.

The strategic counselling of professionals in the field of construction represents an important advantage of every business man who desires success. For our clients we are partners and business counsels, beyond the simple legal support offered for each aspect of the business.

In the last years we have counselled, assisted and represented clients in complex projects and disputes as a result of which we have obtained for our clients millions of euros, in railway and motorway infrastructure projects, energy, industrial constructions and rehabilitation and consolidation projects for historical monuments.

From the desire to promote a modern and flexible vision in the field of construction, we consider public communication and collaboration with the business environment as a priority, and in this regard we are actively implicated, by organising and participating in some of the most important events in the field of construction.

Our expertise in this area includes:

The Precontractual Phase

  • analysis of Tender Documentation for identification of risks and potential costs and/or methods for their minimisation;
  • assistance in preparing the Letter of Tender, with regard to the contractual aspects, in correlation with the risks and requirements of the Tender Documentation, including analysis and counselling regarding the (Particular) Conditions of Contract and preparing a proposal for the Work Schedule, according to the activities/quantities to be executed and the available resources;
  • legal, technical and economic counselling, through comparative analysis of the market, establishing with an informative character the “confidential price”, streamlining and optimising the Offer;
  • continuous informing regarding legislative changes in the areas of interest;

Contractual Phase

  • ongoing assistance for the correct administration of contractual aspects, including regular correspondence, real time identification of risks/opportunities;
  • review and update of the Work Schedule/ Execution Schedule by utilising dedicated programs;
  • counselling with regard to the optimal method of treating risks/opportunities;
  • participation in monthly progress meetings;
  • counselling with regard to methods of optimising the time for execution and/or costs in relation to the execution schedule and the concrete method of progress of contractual aspects;
  • counselling with regard to the optimal approach of risks/ opportunities within the progress of the contract;
  • consultancy, assistance and representation in direct relation with the Engineer/Project Manager, Employer or other entities which are involved in the progress of the Contract, including through meetings, negotiations, drafting specific documents;
  • continuous information regarding legislative changes in the areas of interest;
  • counselling and assistance with improving work procedures and drafting and keeping the site journals;

Claims

Contractor’s Claims
  • preparation of relevant notifications, within the contractual time-limits and in accordance with the applicable requirements;
  • identifying the technical and legal arguments for substantiating claims and relevant documents and evidence;
  • preparation of detailing of claim, with the substantiation of the contractual entitlement and of the requested amount (time and costs/profit analysis);
  • preparation of additional answers requested by the Engineer/Supervisor;
Employer’s Claims
  • analysis of the detailed claims with the identification of the optimal method of approach
  • identifying the technical and legal arguments for sustaining the claims, as well as for the relevant documents and evidence;
  • preparation of additional answers requested by the Engineer/Supervisor;

Disputes

Adjudication
  • analysis of the case and counselling with regard to the optimal approach;
  • identifying the optimal strategy and correlation of technical and legal arguments for sustaining the requested claims or, as the case may be, for fighting against the Employer’s claims;
  • preparation of Position Documents, with the substantiation of the contractual entitlement and of the requested amount (time and costs/profit analysis), or
  • preparation of Reply Documents of the Contractor and of reports for fighting the Employer’s Position Documents;
  • participation in Hearings;
  • preparation of other additional reports requested by the Dispute Adjudication Board;
Amiable Settlement
  • identifying the strong/weak points of the Contractor/Employer;
  • identifying the available options and identifying the acceptable/optimal negotiation options;
  • identifying the reference points for the negotiation;
  • assistance/representation of the Contractor in negotiations;
Arbitration and/or Court Proceedings
  • analysis of the case and counselling the Contractor with respect to the optimal strategic approach;
  • preparation of relevant procedural acts;
  • strategic adaptation related to the subject matter of the litigation: delays, additional works, guarantees, organisation of the execution of the contract etc.

Bazil Oglindă

„From idea to action and result, with integrity. Sometimes the client himself does not dare to dream of the success that he could obtain from a litigation. Which is we, as lawyers, must always fight to obtain even more than what would satisfy the client, because that is how we show our respect, trust and value as professionals. We hope to reach this goal in the future at least to the same extent as up to the present moment.”

Bazil founded Oglindă & Partners in 2015 from his wish to bring a unique, complex, personalised, client-oriented performance to the Romanian legal services market. A lawyer since 1998, his accumulated experience recommends him as an excellent strategist, with the capacity of producing innovative solutions for the most complex issues of law and business.

Arbitrator and vice-president of the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, arbitrator of the International Chamber of Commerce and of other arbitration courts around the world, Bazil has complemented his experience as a lawyer with the one regarding resolution of disputes as an arbitrator, being appointed in numerous cases regarding construction law, commercial law and civil law.

The role of trainer that he has within the team, he also plays as an associate professor doctor within the Romanian-American University, where he teaches civil law and civil procedure law.

His publishing activity materialised in numerous scientific papers is complemented by the numerous legal opinions which he has issued and sustained in his capacity of expert of Romanian private law before national courts or courts of international arbitration.

Claudiu Andreescu

„The details make all the difference! The attention, thorough analysis, in-depth understanding of the technical aspects of a project or case are the strengths that make the difference when establishing the strategy for the client or the case.”

Claudiu has been a lawyer since 1998 and has been a partner at Oglindă & Partners since 2015. He coordinates some of the most important and complex projects in the field of construction and public acquisitions, being directly involved both in the business consultancy area, as well as in the assistance and representation of clients before national courts or arbitration courts.

Presently, one of Claudiu’s areas of interes is the implementation of the GDPR in Romanian companies. In this regard, he is up to speed with the challenges of the market regarding GDPR compliance and offers business consultancy for big Romanian companies.

Eugen Sârbu

„For me, as a lawyer, each case is special and represents a new challenge. I get involved with passion and dedication in order to offer the clients the best solutions, such that, at the end, we can both have the satisfaction that we have succeeded and that we can go further.”

Eugen is specialised in construction law, public acquisitions administrative law, environmental law and contract law. In these fields he has managed complex cases, in which the key to success was represented by his strategic vision and his ability to combine Romanian law with the law of the European Union.

In the field of international commercial arbitration, Eugen has graduated the courses of the ICC Paris Academy and the Masters’ in International Arbitration of the University of Bucharest, and as a lawyer he has ensured the representation of clients in litigation involving contract law and construction law.

Presently, Eugen is a doctoral candidate at the University of Bucharest with the specialisation Private Romanian Law, while also being the author of multiple publications and scientific researches.

Andrada Tarmigan

„Thorough skills complemented by motivation can lead any project to the success desired! Achieving the result desired by the client, and sometimes even more than that, represents the most important satisfaction of the lawyer, gaining at the same the client’s trust in the value of the work done.”

Andrada is specialised in the fields of construction law, public acquisitions, intellectual property, commercial arbitration and litigation. The experience gained until the present has materialised through the significant contribution brought to some important projects in the field of public acquisitions regarding public utility contracts and construction.

A graduate of the Law Faculty of the University of Bucharest and of the Faculty of Business Administration of the Academy of Economic Studies, Andrada has completed her professional training by following her studies in the Masters’ in International Arbitration of the University of Bucharest Faculty of Law.

Furthermore, Andrada is a certified English translator, offering legal translation support for legal and scientific works.