Achiziții publice. Aspecte referitoare la modul de interpretare a unor termeni/clauze contractuale – FIDIC Cartea roșie: penalitățile de întârziere datorate de Antreprenor, rezilierea contractului, revendicările Antreprenorului
Public procurement. Aspects concerning the interpretation of certain contract terms/clauses – FIDIC Red book: interest due for late payment owed by the Entrepreneur, termination of contract, Entrepreneur’s claims

Summary/Abstract: FIDIC conventions are standard contracts in the fields of constructions and plumbing, renowned and regarded internationally as standard contracts. These contracts were designed and structured by The International Federation of Consulting Engineers (FIDIC) founded in Belgium, France and Switzerland in 1915. FIDIC contracts were first used within domestic law in 2008, among other legal provisions which forced contracting authorities to use these standard conventions in projects involving public procurement. With regard to the way the FIDIC standard contracts work, we must take note of the fact that public procurement law is being corroborated with two other regulations: the Civil Code, as general law in the field, and the Guide of the Beneficiary for the use of Special Contract Terms issued by The Ministry of Economic Affairs and Finance, The Management Authority Ex – ISPA. Though The Guide of The Beneficiary has not been adopted as domestic law, it led to certain judicial and contractual practices within the field of public procurement, making its way into the sphere of the sources of law. This regulation is creating protocols among subjects of the contracts, helping apply the first article of the Civil Code. FIDIC contracts contain two types of conditions (general conditions and special conditions). The article proposes for analysis the aspects of the Special Conditions regarding the interest due for late payment owed by the Entrepreneur (sub-clause 8.7), termination of contract by the Beneficiary (clause 15), termination of the contract by the Entrepreneur (sub-clause 16.2) and claims of the Entrepreneur (sub-clause 20.1).

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