Comparative view of risks’ allocation in a FIDIC contract… (Alice APETREI)

Comparative view of risks’ allocation in a FIDIC contract… (Alice APETREI)

Introduction

An important aspect considered by the parties when deciding on a form of contract is related to allocation of responsibilities and risks1. In this paper, we will try to present, comparatively, the allocation of risks in the FIDIC Red Book2 and the Romanian construction contract by pointing out several of the key responsibilities of the parties and their related liability. We will refer strictly to Red Book General Conditions and to Romanian general legal provisions since, through the use of Particular Conditions, respectively based on specific clauses, valid under Romanian laws.

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