About Ivan & Associates

Ivan and Associates is a Romanian law firm specialized in construction law, public procurement and international and domestic arbitration. Since its foundation, Ivan and Associates has established itself on the Romanian market of law firms due to its own policy, efficient management and professionalism of its lawyers, providing legal assistance to large clients, Romanian or foreign, or assisting public authorities in relation to construction law and public procurement.

Our practice area

The Ivan and Associates team is specialized in the field of construction law, public procurement and international arbitration and has the necessary experience, creativity and knowledge to provide top services to construction companies both in the tender process, the construction phase and the litigation process.

We understand the essential role of enhanced management of the construction project in the implementation phase, which leads to proper execution and time and cost effective developing of the project. This understanding is reflected in our commitment that all construction projects for which we provide management services are completed in accordance with our clients’ objectives.

"The good lawyer is not the man who has an eye to every side and angle of contingency, and qualifies all his qualifications, but who throws himself on your part so heartily, that he can get you out of a scrape."

Day by day management

As well, we understand the constant need of changing and adjusting of the construction market and, consequently, the stringent need for adjusting and improving contract management. Day-by-day construction management is our answer to the needs of a constantly interactive market, whose need for change resides merely in the developing of the infrastructure sector. Our team provides day-by-day management services in relation to the largest and most priced infrastructure projects on-going at the present date in Romania, begin involved in their growth from the tender stage, followed by the design and execution stage.

Our experience has taught us that construction law cannot exist without a proper understanding of each and every one of the phases of the project and without a hint of engineering. As well, our experience in the field of construction law has brought us fresh and improved perspectives over dispute and claim management, with the sole aim at capitalizing our Clients’ needs to become cost and time effective. Our experience in the dispute resolution and arbitration area has taught us that the most effective approach in relation to building on claims is their early management and correct assessment of any of the Risk Events associated with construction contracts and the Romanian market.

Experience

FIDIC type of Contracts, even if used at a large scale all over the world, are still an enigma for the untrained public. FIDIC type of Contracts have to be properly managed and assessed for each Client and our team has the value to provide that, as every member of our team is specialized in construction law.

Our high professional standard is ensured by our vast experience in providing legal assistance for central public authorities in relation to the adjustment of the International Federation of Consulting Engineers in Construction (FIDIC) Contract Conditions to the Romanian law system and the legal norms applicable in Romania, especially in the field of public procurement. The applied knowledge in our area of expertise was gained with our involvement in drafting major legislation in connection with infrastructure as expropriation law and adaptation of works contracts to Romanian law.

Fidic Contracts

Our lawyers have been advising on implementation of FIDIC Conditions of Contract in major investment infrastructure projects since 2006 on behalf of central public authorities and private contractors and consultants. Our specific experience for both central public authorities and the private sector has helped us in gaining a better understanding of both of the Parties’ needs and objectives, as well as each Parties’ strategies and method of implementation. Our team’s key attribute is the risk assessment with a two-tier thinking -the public authority, as well as the private sector.

As the two main partners of our law firm provided in the past (2010-2012) counsel for the Minister of Transportation and C.N.A.I.R. and also acted as DAB appointed in various motorway contracts, we are able to provide to our clients an enhanced experience that combines the vision in both public and private sector.

Our involvement in the infrastructure investment market has given us wide optics in relation to the whole picture of infrastructure, as we were involved in various projects in different roles, either as counsel for the Employer or the Contractor, either as counsel and support for the Engineer and/or the Designer or DAB, as previously mentioned.

Arbitration

Our implication in arbitration proceedings from both angles helped us find a better understanding of finding the proper management of arbitration cases when a state company is involved, as state companies that act as Employer’s in FIDIC Contracts in Romania tend to have a particular way of interaction and understanding of these proceedings. Our law firm acted as counsel in international arbitration proceedings regarding the execution of both Red and Yellow FIDIC Contracts implemented in Romania, each arbitration being valued at over 1 million Euros. The law firm has experience with major projects such as railway projects, road projects, environmental projects and other infrastructure investments, as well as both commercial and investment arbitration.

Advisory work

Our range of legal services includes, but not exclusively: consulting during the tender procedure, during the construction process - compatibility of the FIDIC’s rules with the Romanian law, differentiation of the respective obligations of the Employer, Contractor and Engineer, managing claims for extension of time and additional costs, legal support and representation regarding the Dispute Adjudication Board proceedings, legal assistance and representation in international arbitration and legal representation in national courts.

Also, apart from the consultancy and litigation experience, our lawyers are highly experienced also in specialized training for FIDIC type Contracts and public procurement, being accredited trainers in these domains and also adjudicators listed on the ARIC’s National List of Adjudicators.

As we mentioned earlier the high need for a proper management from the tender procedure of every investment project, our firm also provides services regarding assistance and representation of the Client in the complete range of public procurement litigations in all the phases, namely assisting the Client in bringing before CNSC and/or before the Court of Appeal/High Court of Justice the challenges to decisions of the contracting authority involved in the public procurement proceeding, regarding: defending the procedure result on behalf of the Client as successful bidder or of the contracting authority as a supporting party “(Intervenient”), challenging or defending the CNSC decisions before the courts of appeals, contesting an unfavorable procedure result.

Key references:

• Providing complex day-by-day contract and claim management for large infrastructure projects
• Providing legal assistance for central public authorities in relation to the adjustment of International Federation of Consulting Engineers in Construction (FIDIC) Contract Conditions to the Romanian law system and the legal norms applicable in Romania, especially in the field of public procurement.
• Providing legal assistance for central public authorities in relation to the implementation of FIDIC Contract Conditions for major infrastructure projects.
• Providing legal assistance for central public authorities in relation to drafting major legislation in connection with infrastructure (example: expropriation law)
• Advising major Romanian/European construction companies in relation to their participation to several public procurement procedures for the award of contracts for construction works
• Advising central public authorities (providing legal expertise to the Ministry of Transport and the National Company of Motorways and National Roads in Romania) in the framework of several contracts for Technical Assistance for the Beneficiary.
• Advising/ representing major Romanian/European construction companies in relation to the Dispute Adjudication Board proceedings and enforcement of such Board’s Decisions
• Advising/ representing major Romanian/European construction companies in international commercial arbitration proceedings.
• Assistance provided for local authorities in successfully challenging the audit authorities’ decisions to apply financial corrections to be made to expenditure co-financed by the Structural Funds or the Cohesion Fund for non-compliance with the rules on public procurement.