Overview
Every government exists, in part, to make sure that its citizens have access to dependable infrastructures, whether this involves something as primordial as roads or as contemporary as internet connectivity.
We pride ourselves on dealing with the legal challenges faced by those who build and manage these systems.
Whether the infrastructures are provided by the government, the private sector or a combination of the two, we have extensive experience in dealing with infrastructure construction and operations from initial planning to continuing operations. These projects can become troublesome when two or more different entities are involved, and we have the ability and knowledge to advocate on our clients’ behalf when disputes arise that require resolution in court or by arbitration.
Key Contacts
Public utilities
The continued growth of Romanian towns and cities requires the installation and/or upgrade of utilities such as water, sewage systems and storm water management to meet the needs of residents and businesses alike.
We have represented international construction companies in complex public utility projects in several major and mid-sized Romanian cities, including in relation to repairs and extensions of public water supply systems and constructing and upgrading wastewater treatment plants and sewage systems. We have worked alongside our clients from the earliest stages of such projects assisting with the process of obtaining the project contract and assisting when the project has encountered difficulties that required dispute resolution.
We use our expertise and experience to help our clients reach the best possible outcome whatever the phase of the project.
We have also advised municipalities in connection with granting access via concessions or PPP to private entities for the operation of public services such as waste, water and sewage.
Key Contacts
Our Relevant Experience
- Assisting Tedagua, a renowned company representing one of the international leaders in the design, construction, operation, maintenance and engineering of desalination plants, in connection with the development of several construction projects related to water distribution and sewage networks in several major and midsized Romanian cities.
- Assisting a well-known Spanish company active in over 10 countries worldwide in relation to the development of a public works project for the repair and extension of the water supply network in a mid-sized Romanian city.
- Assisting a major Spanish group specialising in civil engineering projects in connection with the completion of a public works project for the modernisation of a railroad station in a major Romanian city.
- Advising a Spanish based concession and construction group in connection with challenging the tender process for the execution of construction and installation works in Western Romania.
- Advising a large Romanian construction company throughout the implementation of a public procurement project for the development of a waste management centre under the Red FIDIC standard and with a total value of EUR 73,000,000.
- Advising E-ON, in connection with all electricity distribution and supply related issues associated with electro-mobility and energy efficiency projects.
Roads, Bridges & Ports
The Roman Empire, of which Romania is an heir, was famous for its roads, bridges and ports.
Contemporary Romania, with its ever-growing cities and fast-developing tourist destinations, has a growing need for good roads, safe bridges and a modern port infrastructure.
We have significant experience in helping pave the way for such projects to take place. We have gained extensive experience in assisting with complex infrastructure projects, such as the construction and repair of highways, beltways and roads, both urban and rural, as well as the renovation of port infrastructures.
Our clients include national and international construction companies, designers and engineers and we have helped our clients on a wide range of issues including resolving disputes about land and building condemnations for public use, feasibility studies, requests for extensions of time and the payment of funds, hand-over procedures, the enforcement of performance securities and claims arising from defects.
Our Relevant Experience
- Comsa Emte
- Assisted a major Spanish construction group in respect to the development and construction of bypass road public procurement project organized by CNADNR (National Company for Administration of National Roads) for a large Romanian city.
- Puentes
- Copasa Group
- Strabag-Impregilo-Contransimex
Railways
Due to its strategic position at the crossroads of the Orient and the Occident, the first railways built in Europe with Ottoman Empire funding and Austrian design crossed Romania, including the famous Orient Express. After Romania joined the EU, the competition between transport corridors linking Greece and Asia to Western Europe became intense, involving issues of enormous political and economic consequence.
As a result of Romania’s strategic location, the EU has granted significant funding over recent years to railway companies and the Ministry of Transportation for the renovation and construction of safer and faster railways that conform to EU standards and connect with non-EU countries.
We have advised both private and state-owned railway companies about railway concessions and we have also advised ministries in relation to privatisation, spin-offs, internal reorganisations and the harmonisation of Romanian and EU railway legislation and technical standards.
Our Relevant Experience
- Advising the Serbian Government, as part of an EU Commission project, on the harmonisation of Serbian railway legislation with EU legislation and acting as a coordinator of a team of Serbian railway experts, advising on necessary institutional support and on drafting and implementing the “Railway Implementation Action Plan” and related Roadmap, which are the basis of railway reform in Serbia.
Waste Management
One of the most significant challenges facing any government ministry today is the volume of solid and liquid waste that is produced by large cities and small hamlets alike, and the attendant challenge of disposing of such waste in ways that preserve Romania’s environment and protect public health.
We have advised a domestic construction company throughout the process of obtaining and executing a public procurement contract for the construction of a waste management centre. We provided assistance in connection with requests for extensions of time, the payment of additional costs and the preliminary stages of the dispute resolution procedures about enforcing performance bonds.
Our Relevant Experience
- Alpha Construct System
- E.ON
Energy Infrastructure
The energy sector is a vital contributor to Romania’s steady economic growth and aims to become increasingly efficient, technologically advanced and environmentally friendly. Its growth and development reflects worldwide trends to alleviate climate change, introduce digitalisation and adopt new technologies throughout the production and distribution chain.
The Romanian energy sector also reflects trends in the international energy field, such as market globalisation, the development of a single European energy market and adoption of new rules and regulations governing European energy security and regional energy diplomacy.
In the electricity production and distribution sector, efforts are underway to strengthen the interaction between electricity networks, the internet and communication networks in order to increase energy efficiency and flexibility. Moreover, electro-mobility will become an increasingly attractive area of investment.
Energy efficiency means that the government will create legal incentives to give households access to alternative energy sources. Any new support schemes for non-renewable energy will have to be justified on the grounds of security and safety for the energy system. Certain market sectors will continue to benefit from temporary state support in the form of co-generation bonuses and green certificates.
In the gas sector, the main aim is the development and liberalisation of the natural gas market, increased liquidity and diversification of products and the creation of transparency comparable with that of western European countries. Other important aims are the diversification of sources and import routes, via investment, to ensure the extension of reverse flow connection capacities and access to regional liquefied natural gas terminals, this being the final stage in the integration of the European energy markets. There is also a continuing effort to increase market competition by participating in regional trade, balancing and capacity markets.
We have advised major utility companies, key players in the mining, electricity, gas and oil sectors, as well as the energy regulator ANRE and the Parliamentary Energy Commission in connection with drafting secondary and primary energy legislation. We have provided advice in the electricity sector about privatisation of electricity distribution companies, structuring conventional energy projects, CHP rehabilitation projects and nuclear energy. We have also advised about public lighting joint ventures.
As legal advisers to the biggest Romanian electricity producer, we have advised in relation to renovation of hydropower plants, IPOs, the efficiency of the hydro-power production units, spin-offs and international electricity trading.
We assisted on a project by one of the biggest utility companies in the world to use scrap renewables that enabled us to gain significant and in-depth knowledge of the sector. We have also advised on various energy efficiency and electro-mobility projects that are currently the focus of the Romanian government.
In both the gas and oil sectors, we have advised major oil and gas companies about gas exploitation, exploration and development projects. We have also worked on issues involving petrol station agreements, construction and renovation of underground storage facilities, privatisation projects, the legal status of connection pipelines and the applicable legal regime, security of supply and interpretation of EU legislation regarding gas trading.
