Curriculum Vitae
Type of
Expertise: u
Infrastructure Development and Contract/ Claims Management, Procurement
Expert FIDIC President's List of Certified Adjudicators / Mediator
u FIDIC President's
List of Certified Adjudicators / Mediator
u Arbiter
included on the list of:
-
the
European Court of Arbitration – Romania Chapter
-
the
Arbitral Tribunal of the Romanian-German Chamber of Trade and Industry
-
Vienna
International Arbitral Center
u Trainer Works Contracts Administration,
Claims and Disputes Resolution
Category: I
1.
Family name: NICULESCU
2.
First names: Florin
3.
Date of
birth: 12 February 1968
4.
Nationality: Romanian
5.
Civil Status: Married
6.
Education:
|
Institution [Date from - Date to] |
Degree(s) or Diploma(s) obtained: |
|
Construction
Institute, Bucharest, Romania - Highways, Bridges and Railroads Faculty 1989 -1994 |
MSc degree
in Roads Engineering |
|
FIDIC
Dispute Board pupillage mentoring scheme (http://www1.fidic.org/resources/adjudicators/pupilage.html) Feb 2006
– May 2007 |
Mediator/ Disputes Boards Member – FIDIC Certified Disputes Adjudicator
(following exam of 09.2015 in Dubai,
UAE) |
|
Chartered
Institute for Procurement and Supply (CIPS www.cips.org - UK) & National
Defence University (UNAP – Ro) May
– November 2013 |
Pending Diploma in Procurement and
Supply – four exams passed out of 5 |
7.
Language
skills: Indicate competence on a scale of 1 to 5 (1 -
excellent; 5 - basic)
|
Language |
Reading |
Speaking |
Writing |
|
Romanian |
Mother
Tongue |
||
|
English |
1 |
1 |
1 |
|
French |
2 |
2 |
2 |
8. Membership of professional bodies:
§
Included on
the arbitrators list of the European Court of Arbitration – Romania Chapter The European Court of Arbitration
- Home Page - European Court of Arbitration (cour-europe-arbitrage.org)
§ Included on the arbitrators list of the
Arbitral Tribunal of the Romanian-German Chamber of Trade and Industry AHK România Curtea de Arbitraj
(ahkrumaenien.ro)
§ Included on the arbitrators list of Vienna
International Arbitral Center
Niculescu_202401_unsigned.pdf (viac.eu)
§ Nominee on FIDIC President’ List of Approved
Adjudicators FIDIC |
FIDIC Adjudicator Details | International Federation of Consulting Engineers
§ FIDIC Accredited Trainer FIDIC |
FIDIC Accredited Trainer Details | International Federation of Consulting
Engineers
§
Nominee on
ARIC (Romania) President’s Disputes Board Members National List http://www.aric.org.ro/comisia_ro
§ Nominee on UK Adjudicators Dispute Board Panel www.ukadjudicators.co.uk
§ Member of Romanian Society for Construction Law www.rscl.ro
§ Member of the Disputes Resolution Board Foundation (DRBF) of United
States – nominee on DRBF President’s Disputes Board Members List www.drb.org and of DRBF Chapter for Eastern Europe http://dabdrb.googlepages.com
§
Member of the "Constructions Disputes
Resolution Services” International Panel of Construction ADR Specialists"
of United States www.constructiondisputes-cdrs.com
§ Former Member of Disputes Board Federation www.dbfederation.org
§ Former Member of Polish Association of Consulting Engineers (SIDiR) and nominee on SIDiR (Poland) President’s Disputes Board Members National List http://www.sidir.pl/sidir/index.php?action=czlonkowie&a2=r
§
Member of former “AllExperts.com” volunteers pools for “Construction Law” http://www.allexperts.com/user.cgi?m=4&expID=85358&catID=914 and “Construction Dispute Resolutions” http://www.allexperts.com/user.cgi?m=4&expID=129099&catID=4276
9.
Other skills: Excellent computer skills, including MS
Office, AutoCAD, Micropiste.
10.
Present
position: Owner at SC
Ab Initio SRL
11.
Years within
the firm: See point 10 above
12.
Key qualifications:
Florin NICULESCU is a Civil/
Infrastructure Engineer with
extensive experience in all levels contractual
matters, having been involved in preparation of tender dossiers (terms of reference, technical
specifications, Conditions of Contract) and subsequent evaluation of offers,
for numerous contracts for Works,
Services and Supplies.
He has dealt along his career with various types of works, such as
roads/bridges, railways, ports, waste water treatment plants, industrial food
plant, civil and industrial buildings, etc.
Mr. Florin
NICULESCU is very experienced in technical
assistance for implementation and contract management, including claims, having used the FIDIC Conditions of Contract in
implementation of various types of works through the various project phases of
design, works supervision and commissioning.
Based on all above skills and knowledge, he
then developed a career in the field of Claims
management and resolution of
Disputes for Works Contracts, being already a member/ nominee, on President’s Lists of various worldwide disputes resolution organisations and
being member of private entities providing disputes
resolution services in constructions respectively, he is the only romanian FIDIC Accredited Adjudicator. As well, Mr.
Niculescu is a FIDIC Accredited Trainer.
He has a deep understanding of tendering
procedures, be it EC, or other international donors (World Bank, EIB, EBRD), Romanian or private, gained
through his experience of over 3.5 years in the EC Delegation in Bucharest,
Romania and in subsequent contracts carried out.
He has prepared
numerous tender documents, including Works Particular Conditions of Contract,
assessed offers and was subsequently involved in Works Contracts implementation,
experiencing thus at first hand the functioning of such contracts and
determining intimate causes that may generate difficulties/ claims at later
stage.
He is also a very good trainer/ lecturer, due
to his technical knowledge, but also due to his excellent communication skills.
He has
trained in FIDIC Conditions of Contract and Procurement over 1,000 people, a broad
range of students from State and Private organisations, both in Romania and
abroad. He is probably, the first Romanian high level FIDIC trainer.
13.
Specific experience in the region
As
well as working in his home country, he has worked on numerous projects in the
region:
|
Country |
Dates
from - to |
|
Romania |
- continuously, except
periods below |
|
Russia |
May – November 1997 |
|
France |
November 1997 – April
1998 |
|
United
Kingdom |
June – December 2003,
January – March 2013 |
|
Turkey |
Dec 2005, June –
August, Nov – December 2006 and April – June 2007, June 2011, June 2012,
March 2014, March & October 2023 |
|
Estonia |
November 2007 |
|
Croatia |
May – October 2008,
December 2014 – March 2015 |
|
Montenegro |
November – December
2010, June - July 2011, July – August 2020 |
|
Serbia |
February, May 2011,
November 2013 |
|
Moldova |
November 2011, May
2014 – August 2016 |
|
Macedonia |
January – March 2012,
September 2013, December 2013 – January 2014, May – August 2014 |
|
Ukraine |
September 2015 –
February 2016 |
|
Ethiopia |
- |
|
Kosovo |
October 2022 – to date |
|
Tchad |
Mai 2026 – to date |
14.
Professional
experience
|
Date from - Date to[1] |
Location |
Company |
Position |
Description |
|
(0134) May 2026 – to date |
Bucharest, Romania / Ndjamena, Tchad |
Ministry of
Infrastructure, Development and Maintenance of Roads & CGCOC Group Tchad |
Dispute
Assessment Expert (Sole Member Adjudicator) |
The two entities have
concluded a Contract financed by the World Bank, type "Road
Rehabilitation Contract with Binding Results", which involves the
design and execution of the works, respectively the maintenance for "Lot
1: N'Djamena – Guelengdeng – Bongor
(227 km) and Lot 2: Bongor – Moundou
– Koutéré (350 km)". Following certain disagreements,
the Parties decided to trigger the dispute resolution mechanism and,
according to the Contract provisions requested ICC Paris to appoint a "Dispute
Assessment Expert" – Sole Member, with the role of adjudicating
ad-hoc the disputes arising between the Parties. Activity is carried
out in French, according to the standard procedures related to the works
contracts financed by the World Bank, with visits to the Construction Site,
as the case may be. |
|
(0133) May – June 2026 |
Bucharest, Romania |
Flexability Management
S.R.L. |
Trainer |
Flexability Management
S.R.L. runs a training program for the staff of Hidroelectrica
S.A., context in which it requested training services for preparing and
presenting of two technical-professional training sessions in the field of
administration of works contracts, according to GD 1/2018 |
|
(0132) May 24 – to date |
Bucharest, Romania |
S.C.
SA & PE Construct S.R.L. (Ro) |
Technical Party
Expert |
Association S.C. SA
& PE Construct S.R.L. – S.C. Spedition UMB
S.R.L. - S.C. Tehnostrade S. R. L. – S.C. Consitrans S.R.L. has been awarded the Contract no.
92/83463/05.12.2018 „Design and build of Express Road Craiova –
Pitești, Tronson 2, Lot 2”. Following disagreement concerning certain works, the Parties proceeded
to resolve a dispute in court and, within that context S.C. SA
& PE Construct S.R.L. has requested technical services as Party Expert,
for establishing quantum of additional Works/ Costs. |
|
(0131) April - May 25 |
Bucharest, Romania |
Concrete & Design
Solutions SRL |
Trainer |
Concrete & Design
Solutions SRL is involved in numerous construction projects, including
infrastructure and buildings, implemented under the Government Decision 1/
2018. Toward improving their performance, a detailed training related to GD
1/ 2018 has been prepared and delivered, including disputes resolution
aspects, the training containing theoretical presentations, examples from
real life and case studies from participants activity. |
|
(0130) March 25 |
Bucharest, Romania |
Siemens
Mobility SRL |
Trainer |
Siemens Mobility SRL
is involved in several infrastructure projects implemented under the
Government Decision 1/ 2018. Toward improving their performance, a detailed
training related to GD 1/ 2018 has been prepared and delivered, including
disputes resolution aspects, the training containing theoretical
presentations, examples from real life and case studies from participants
activity. |
|
(0129) January 25 |
Predeal, Romania |
SC
Egis International SA |
Trainer |
SC Egis International
SA is responsible among others for supervision of several Works Contracts,
awarded by the CNAIR SA to various Contractors, including «Sibiu-Pitesti
Motorway, Section 5». Egis duties include
providing a training for Employer’s staff (CNAIR SA) and to that end,
SC Egis International SA contracted our services for providing a training on
Contract Management according to Government Ordinance no. 1/2018. Provided two days
training included both theoretical presentations, real life study cases and Q
& A sessions, enabling participants to connect theory with practice toward
better understanding practical methods for implementing the Works Contracts. |
|
(0128) November 24 |
Bucharest, Romania |
SC ADURO SRL |
Trainer |
Services included
preparation and presentation of a training course for in-house staff
concerning Works Contracts Management
and Disputes Resolution. The course was based
on theoretical presentations and discussion/ analysis of real life study
cases and completed with numerous questions from the participants, envisaged
both presentation of certain theoretical aspects, as well as their analysis
from the prospective of applicable legislation, including for public
procurement, but in particular, from the prospective of practical situations
from participants’ activity and resulted in successful knowledge development
sessions, useful and attractive to all participants. |
|
(0127) September24 – to date |
Bucharest, Romania |
SC Best Procurement
SRL |
Head
of Contracts and Claims Management Division |
Following decision of
Best Procurement SRL to further develop the Claims and Contracts Management
activity, a mutual agreement has been made toward undertaking the task of
organising and managing related division. To that end,
management of current clients was assigned to it, that including handling day
to day tasks, timely identification of their needs and pro-active response,
preparation of regular correspondence, claims, counter-claims and rebuttals,
follow-up and up-date of Work Programmes. Aside these usual
tasks, market research has been conducted and a number of assistants were
hired, which employment is followed by an extensive day-to-day on-the-job
training for developing the necessary skills toward enabling these assistants
to independently undertake related tasks. Managed Works
Contracts relate to execution of a motorway section that includes
construction of two viaducts (one in balanced cantilever) and water
supply and sewer networks. |
|
(0126) February – July 24 |
Bucharest, Romania |
S.C. Spedition UMB S.R.L. (Ro) |
Technical Party
Expert |
S.C. Spedition UMB has been awarded the Contract no.
92/87629/28 Dec 2020 „Design and Build Brașov
– Târgu Mureș – Cluj – Oradea Motorway,
Subsection 3A2: Nădășelu – Mihăiești (km 8+700 – km 25+500) and Subsection
3B1: Mihăiești – Zimbor
(km 0+000 – km 13+260)”. Following certain disagreements, the Parties proceeded to resolve a
dispute in court and, within that context S.C. Spedition UMB has requested technical services as Party
Expert, for establishing an Extension of Time and quantum of additional
Costs. Based on strengthen
contractual position following provided services, S.C. Spedition
UMB was brought in the position to negotiate and resolve the dispute outside
the court, which as per judge statement, was a rare event. |
|
(0125) December 2023 & …. 2024 |
Turda, Romania |
VENTRA Project
Management SRL (Ro) |
Trainer |
Services included preparation
and presentation of four training courses for employees of DRDP Timisoara (2
x 5 days) and DRDP Cluj (2 x 4 days) concerning Works Contracts Management and Disputes Resolution. The courses, based on theoretical presentations and
discussion/ analysis of real life study cases and completed with numerous
questions from the participants, envisaged both presentation of certain
theoretical aspects, as well as their analysis from the prospective of
applicable legislation, including for public procurement, but in particular,
from the prospective of practical situations from participants’ activity and
resulted in successful knowledge development sessions, useful and attractive
to all participants. |
|
(0124) March & October 2023 |
Ankara, Turkey |
ATCEA (Tr) |
Trainer |
Contract
Management and Disputes Resolution open courses organised under the
auspices of “Türk
Müşavir Mühendiler ve Mimarlar Birliği İtisadi
İşletmesi”/ “Association of Turkish Consulting Engineers and
Architects (ATCEA)” for participants from a wide range of private/ state entities (consultants,
contractors and employers), with a large scale of knowledge, from
beginners to fairly advanced. The courses, based on theory presentation and
discussion/ analysis of real life case studies, was
aiming at combining experience and expectations of such blend of attendants
and resulted in successful knowledge development sessions, useful and
attractive to all participants. During October 2023, an additional workshop “Disputes Resolution & DABs/ DAABs” has
been organised for current/ future DB Members, or people involved in disputes
resolution. |
|
(123) Oct 2022 – to date |
Pristina, Kosovo |
Termokos SH.A
(RKS) & JV Ergotem - Brunata Bulgaria (Bg) |
Sole
Member Dispute Adjudication Board |
The Parties concluded the Works Contract “BMZ ID
201667575 / Procurement No. 505734 Supply and Installation of Heat Storage,
Thermal Substations, Chemical Water Treatment and SCADA” and mutually
agreed on the appointment of the ad-hoc Sole Member Dispute Adjudication
Board |
|
(122) Sept 2022 – May 2023 |
Bucharest, Romania |
National Company for Road
Infrastructure AdministrationSA (Ro) & Asocierea AZVI SA – STRACO GRUP SRL – TRACTEBEL
ENGINEERING SA |
Court Designated Technical Expert |
The Parties concluded the Works Contract no.
62/05.07.2011 „Modernisation DN73 Pitești – Câmpulung
– Brașov km 13+800 - km 42+850, km 54+050 la -
128+250”, governed by a set of Design & Build Conditions of Contract. Its implementation generated a number of
disagreements between the Parties, finally, terminating the Contract and
subsequently, to resolving the dispute in Court. Following Parties agreement
the Court appointed the Technical Expert and requested preparation of a
Technical Expertise Report that will provide answers to the Objectives
established by the Court. Preparation of that Report implied analysis of
documents submitted to Court by the Parties, of their Position/ Response
Papers, as well as a Hearing session for clarifying all aspects related to
established Objectives. |
|
(121) July 2022 – to date |
Bucharest, Romania |
OHLA
ZS SA BRNO Sucursala București |
Technical/ Contract Party Expert |
Within the same Subcontract no. 78/ 11.04.2013 with
SC ORSA Asfalt SRL (Subcontractor), signed
within the context of the Works Contract no. POST/2010/2/1/004/02 din
15.03.2011 (the Contract) for executing the works for the execution of
„Rehabilitation DN1H Lot 1, km 0+000 – 26+510” (FIDIC Rosu 1999),
concluded between Association OHLA ZS a.s. – Peyber Hispanica SL – SC Societatea de
Întreținere și Reparații Drumuri Timișoara SA (the Association) and the
National Company for Motorways and National Roads, OHLA ZS SA BRNO Bucharest
Branch requested new services for Party Technical & Contract Expert,
toward analysing and consolidating their position for resolving other
disagreements that were taken to court (see ref 113). |
|
(120) June 2022 – to date |
Bucharest, Romania |
TRAMECO SA – VAHOSTAV-Sk, a.s – DRUMURI BIHOR SA –
DRUM ASFALT SRL – EAST WATER DRILLINGS SRL |
Technical/ Contract Party Expert |
Parties concluded the Contract Agreement no.
92/50965/11.08.2020 – “Design and
Execution for finalising Brașov-Tg. Mureș-Cluj-Oradea
Motorway, Section 3C: Suplacu de Barcău – Bors (km 4+200 –
km 64+450) – Lot 2 – Subsection 3C2 – Chiribiș-Biharia,
km 30+550 – km 59+100” and, following disagreements concerning payment of
certain additional works, , the Employer has decided
to terminate the Contract. The Contractor contested that decision in court and
requested services for Party Technical & Contract Expert, toward
analysing and consolidating their position. |
|
(119) February - July2022 |
Fik
Hamero - Imi Bale Road, Ethiopia |
Ethiopian Roads
Administration - China Communications
Construction Company Ltd. |
Disputes Review Expert |
Upon request by one of the Parties, International
Court of Arbitration - International Centre for ADR has made an appointment
in February 2022, for the Disputes Review Expert. The Works Contract concluded by the Parties,
provides for the Construction Works of Fik Hamero - Imi Bale Road Project
Lot 2: Km 81+000 to Km 216+700 in Ethiopia and, is based on the Red FIDIC
Book 1992, with modified Particular Conditions for including a Disputes
Review mechanism. Following an extensive negotiation period, the
Disputes Review Agreement has not been signed. |
|
(118) October 2021 – May 2022 |
Buzău, Romania |
Water Company SA |
Technical
Procurement Expert |
Evaluation of technical and financial offers and
preparation of related reports within the procurement procedure CS1 –
Technical asistence for the project management and
supervision of execuion of works within the
regional development project for water and waste water infrastructure within Buzău region, in the 2014-2020 period -
tenders call SEAP CN1032767/10.07.2021 |
|
(117) June 2021 – January 2022 |
Bucharest, Romania |
Cluj
City Council & Asocierea
Atzwanger S.p.A. – Ladurner
S.R.L. – S.C. Confort SA – Vel Service S.R.L |
Sole
Member Dispute Adjudication Board |
The Parties have concluded the works contract no.
1/116/05.01.2012 – „Integrated Waste Management Center
in Cluj county” – Red FIDIC 1999. The works included construction of a new landfill,
first cell of 1.35 millions
m3, construction of a selection station of 53,300 tons//year and
construction of a mechano-biological simple treatment station of 206,000
tons/year. Following its implementation process, certain
disagreements resulted between the Parties, subsequently developing into a
dispute Upon request by one of the Parties for the third party Appointing Body, the Cluj Napoca
Trade and Industry Chamber, for appointing an adjudicator, a Dispute
Adjudication Agreement has been concluded with the Parties and a dispute
adjudication process followed. |
|
(116) Mai – June 2021 |
Bucharest, Romania |
Implenia Baugesellschaft m.b.H. Wien – Voluntari Branch |
Technical
/ Contract Expert |
Implenia Baugesellschaft m.b.H. Wien has
concluded the works contract no. 550/43/11.04.2018 - „Road overpass on the
Arad by-pass (DN7km540+248) over Arad-Bucharest railway”- completion of
remaining works (Red FIDIC 1999) and, following certain problems,
the contract has been terminated. Accordingly, the Contractor has triggered the
proceedings for starting the arbitration process and to that end has
requested technical assistance for auditing and substantiating its
contractual entitlement and claimed quantum following contract termination. |
|
(115) March 2021 – to date |
Bucharest, Romania |
DIMEX
2000 COMPANY |
Technical
/ Contract Expert |
SC DIMEX 2000 COMPANY SRL has concluded a number of
contracts, either as sole contractor or as leader/ member in associations,
for executing certain road infrastructure works. A number of situations have
been encountered in execution these contracts, which led to significant
controversies. Within that context, specialised technical
assistance services were requested for resolving the conflictual situations
and, as the case may be, for resolving the disputes in arbitration. As well, services for staff training have been
requested. |
|
(114) March, October & November 2021 |
Bucharest, Romania |
Romanian Association
of Consulting Engineers |
Trainer |
Preparation and presentation of seminars for
professional training for management of works contracts including Government
Decision 1/2018 that establishes conditions of contract for construction and
design and built types of contracts. |
|
(113) December 2020 |
Bucharest, Romania |
OHL
ZS SA BRNO Sucursala București |
Extrajudiciary Tehnical
& Contract Expert |
Association OHL ZS a.s. –
Peyber Hispanica SL – SC Societatea de Întreținere și Reparații Drumuri Timișoara SA (Asocierea) a concluded with the National Company for
Motorways and National Roads the Works Contract Antrepriză
no. POST/2010/2/1/004/02 dated 15.03.2011 (the Contract) for execution
of „Rehabilitation DN1H Lot 1, km 0+000 – 26+510” (Red FIDIC
1999). The Association has subsequently concluded the
Subcontract no. 78/ 11.04.2013 cu SC ORSA Asfalt
SRL (the Subcontractor) for execution of certain related works. Following that collaboration resulted a number of
disagreements that ended in court for being solved. Within that context, OHL ZS SA BRNO Sucursala București
requested services for extrajudiciary technical
& contractual expertise, toward analysing and consolidating their
position. |
|
(0112) August - October 2020 |
Bucharest, Romania |
Association Swietelsky – Strabag – Alstom – Arcada –
Euro Construct – Transferoviar Grup |
Tehnical/ FIDIC Party Expert
for the Contractor |
Association Swietelsky AG
- Strabag AG - Alstom Transport SA - Arcada Company S.R.L. - Euroconstruct
Trading 98 SRL - Transferoviar Grup
S.A concluded the Contract no. 214/5.12.2013 for the „Execuțiion
of constructions and installations (excluding ERTMS, GSM-R, Interlocking) Secțion 3: Coşlariu –
Simeria Area: Vinţu
de Jos - Simeria” (Red FIDIC 1999), with
the National Railways Company CFR SA, as Employer. During implementation of that Contract a number of
events arose and the Contractor issued his claim and the Engineer issued his
Determination that was partially rejected by the Contractor. Respectively, the Contractor filed a court case
toward having recognised it’s entitlement to recover
related additional costs in their entirety, to which end, the Court appointed
a Technical/ FIDIC Expert. -
Following an unsatisfactory court
decision, the Contractor filed an appeal and, requested services of technical
assistance and representation of it’s
interests, as Party-Technical/ FIDIC Expert, in the related court case. |
|
(0111) July - August 2020 |
Podgorica, Montenegro |
MoF - Directorate for Finance
and Contracting of the EU Assistance Funds (CFCU) |
Technical
and Procurement Expert |
Directorate for Finance and Contracting of the EU
Assistance Funds within Montenegrin Ministry
of Finance, required technical assistance services for Preparation of Tender
Dossiers for “Construction and Supervision of Works on the Clinic for Dermatovenerology and Infectious Diseases” - reference number:
CAP2017/1-EUIF/SER-single-TDCS. Tasks included: -
preparation of Tender Dossier for Works
Supervision Services, including selection and evaluation criteria and
detailed Terms of References; preparation of Tender Dossier for Works, including
selection and evaluation criteria, Particular Conditions of Contract Red
FIDIC 2017, review of Detailed Design and Bills of Quantities |
|
(0110) January – February 2020 |
Bucharest, Romania |
Axa
Trans Construct SRL |
Technical
/ Contract Expert |
Axa Trans Construct
SRL has concluded a works contract for executing the works aiming at
extending the Colosseum Mall, located in Soseaua Chitilei, nr. 284, Bucharest Toward preserving and using its rights, Axa Trans Construct has requested adjacent services for
administering the works contract and relationship with its employer. Rendered services include analysis of Monthly
Statements and related Payment Certificates, as well as Site Instructions/
Variations, in relation with the Work Programme, for identifying the risks
and opportunities, toward adapting the contract management strategy. |
|
(0109) October - November 2019 |
Oradea, Romania |
SC Ab Initio SRL |
Main
Trainer |
Oradea City Hall requested preparation and
presentation of a technical-professional training seminary in the field of
public procurement, contracting and implementing the public works contract
for construction – equivalent Red FIDIC, and design and build – equivalent
Yellow FIDIC, as per Government Decision 1/ 2018. |
|
(0108) September 2019 |
Belgrade, Serbia |
Thomas-Koziarski Consulting (TK) spolka
jawna, Pl |
Party
Independent Expert |
TK has entered into a Services Agreement with its
Client, Infrastructure Development and Construction d.o.o. Beograd – Zemun (IDC Consortium), who is the Contractor for
“Transmission Gas Pipeline (Interconnector) Border of Bulgaria – Border of
Hungary” in Serbia – a Silver FIDIC contract. Following a disagreement that has arisen between
the Contractor and Gastrans d.o.o. Novi Sad (the
Employer), the Contractor requested TK to identify and hire the services
of an Independent Expert for providing an independent opinion and prepare an
independent expert report on the disagreed matter, toward avoiding a dispute. |
|
(0107) June 2019 – to date |
Bucharest &
Galati, Romania |
Citadina
98 SA (Ro) |
Contract
Expert |
Upon starting implementation of a number of
projects, SC Citadina 98 SA requested specialised
technical assistance toward preventing and resolving potential or arisen
contentious issues within relationship with Employers and Subcontractors for
a number of works contracts of Red and
Yellow FIDIC type. As well, SC Citadina 98
SA requested services for training their staff in managing works contracts
and related contentious issues. |
|
(0106) June 2019 – to date |
Bucharest &
Galati, Romania |
Vega93 SRL (Ro) |
Contract
Expert |
Following assistance provided before (please see reference 0095 below), the
Client requested further assistance for sustaining in court the case for the
Works Contract „Development and modernisation of Iasi International Airport –
Module I – Design and Build for Services also included continuation of Client’s
staff training in managing works contracts and related contentious issues. |
|
(0105) May 2019 – to date |
Oradea, Romania |
Association S.C. UTI Grup S.A. – S.C. Eldiclau S.R.L
(Contractor - Ro) & RA Oradea
Airport (Employer - Ro) |
Sole
Member Dispute Adjudication Board |
Following conclusion and implementation of the
Works Contract “Construction, extension
and modernisation of passengers terminals at Oradea Airport”, a dispute
has arisen between the Parties, which subsequently, also failed to agree on
the appointment of the Sole Member Dispute Adjudication Board. Accordingly, the Contractor requested the FIDIC
President for appointing it, as per Contract provisions, following of which,
the undersigned has been appointed. |
|
(0104) April - Sept 2021 |
Bucharest, Romania |
Alstom Transport SA (Ro) |
Contractor’s
FIDIC Party Expert |
Alstom Transport SA, in association with Swietelsky Baugesellshcaft m.b.H and Euroconstruct Trading
98 SRL, concluded and executed the Works Contract no. 23 din 15.02.2012 „Execution of construction and
installations works: Sector 1 Frontier – Curtici –
Arad – km 614”, with the National Railways Company CFR SA., as Employer –
the Contract is governed by the Red
FIDIC Conditions of Contract. Following execution of the Contract, a series of
events arose, on which basis, the Contractor issued claims and, the Engineer
issued Determinations that were not accepted by the Contractor. Respectively, the Contractor filed a court case
toward having recognised it’s entire entitlement to
Extension of Time and related costs. To that end, the Contractor requested services of
technical assistance and representation of it’s interests, as Party-Expert, in the related
court case. |
|
(0103) March 2019 |
Bucharest, Romania |
Consulting Media
CVL (Ro) |
Works
Contracts Trainer |
A training session has been organised for staff of
National Investments Company, involved in preparing Tender Documents,
tendering, contracting and implementing works contracts. To that end, services involved preparation and
presentation of related course materials, including numerous real life case
studies and practical examples and exercises. Presentation has been made in coroboration
with procurement procedures details and other legal/ juridical aspects. |
|
(0102) April – May 2018 |
Bucharest & Călărași, Romania |
Lidl Romania SCS (Employer - Ro) & Implenia
Construcții SRL (Contractor - Ro) |
Adjudicator/
Arbiter |
The "Parties"
concluded the Contract no. S26/ 26.10.2016 „Standard Supermarket LIDL – Călărași,
Romania” (Red FIDIC type) and
accepted the appointment of the undersigned, by the Romanian Chamber of Trade
and Industry (Nominating Authority),
as Sole Adjudicator / Arbiter, to decide in respect of the dispute arisen in
relation with the Contract, upon Works completion. |
|
(0101) March - July 2018 |
Bucharest &
Constanta, Romania |
Ludwig Pfeiffer Hoch
und Tiefbau GMBH & Co Kg Germania (Ro) |
FIDIC
Expert |
Ludwig Pfeiffer Hoch und Tiefbau
GMBH & Co Kg -
as associate (Pfeiffer),
has concluded with SC RAJA Constanța SA (the Employer), the Works Contract no.
CL 19/ 15.02.2012 „Rehabilitation of
caption front and water network, extension of sewage network in Fetești” (Red
FIDIC). Following certain disputes, resulted from within
that Contract, in agreement with the Employer, Pfeiffer has requested
drafting of a report aiming at analysing Parties’ claims, toward mediating
their mutual pretentions and amicable settlement of related disputes. Objectives for said report have been agreed with
the Employer. |
|
(0100) March – August 2018 |
Bucharest &
Constanta, Romania |
Van Oord Dredging and
Marine Contractors BV (Nl) |
Contractor’s
FIDIC Party Expert |
Van Oord Dredging and Marine Contractors BV has
concluded with SC Administration of Maritime Ports Constanța
(the Employer), the Works Contract
no. 3973/ 1.02.2013 „Extension of Deep Sea Breakwater in Constanța
Port” (Red FIDIC) and,
following certain disagreements with the Employer, has submitted an Arbitral
Request to the Constanța Arbitration Court (the Court). Due to the specific nature of the Contract, the
Court agreed to receive the opinion of certain FIDIC specialists, appointed
by the Parties, respectively, by the Court, for answering a number of
objectives defined by the Parties. The services required an analysis of the Contract,
of Parties’ pretentions, respectively, collaboration with Employer’s Party
Expert and Court’s Expert. |
|
(0099) September 2017 – to date |
Bucharest, Romania |
S.C. METROREX S.A - (Employer - Ro) & Association
Astaldi S.p.A. – FCC CONSTRUCCION S.A. – UTI GRUP S.A. – Activ
Group Management SRL (Contractor - It,
Es, Ro) |
Sole
Member Dispute Adjudication Board |
Following signature of the Contract 30/08.07.2015 -
„Line 5. Section 1. Drumul
Taberei – Universitate.
Section 1 – Raul Doamnei – Eroilor
(PS Opera) and Section 2. Universitate – Pantelimon. Section 1 – Station, depo and link tunnel Valea Ialomiței. Rolling
line, track III and aerial contact line. Finishings
and installations systems” – Red
FIDIC, following Employer’s proposal, the Parties decided the appointment
of a Sole Member Disputes Adjudication Board, for deciding in respect of all
and any kind of dispute that may arise between the Parties out of execution
or in any other way in relation to the above mentioned
Contract, governed by Red FIDIC Conditions of Contract. |
|
(0098) September 2017 |
Bucharest, Romania |
Project Management
Unit – Ministry of Culture and National Identity (Ro) |
Technical
Auditor |
PMU has implemented a Works Contract for repair,
refurbishing, endowment and improvement of functionality of Bucharest
National Opera – a Red FIDIC type
Contract. Following a control carried out by the Court of Accounts,
a number of aspects have been identified, potentially contrary to the Works
Contract and/ or applicable law. Accordingly, Court of Accounts recommended a
Specialised Audit which, through a Technical Special Report, to analyse in
detail all additional works and variations made through Site Instructions,
respectively, related prices, especially, for items that have not been
tendered through the financial offer, and to identify the physical works
executed as per the Works Programme. |
|
(0097) May – August 2017 |
Bucharest Romania |
Association SC ROZA
PROD SRL – SC DOMINIUM SRL (Contractor -Ro)
– Bucharest City Hall (Employer - Ro) |
Sole
Member Dispute Adjudication Board |
The Parties signed the works contract no. 387/
03.03.2012 „REHABILITATION OF 4
SCHOOLS: PACKAGE 1 Lot 1” („Contract
387”) and Contract no. 262/ 09.06.2015 „FINALISING REAHBILITATION WORKS SCHOOL 173” („Contract 262”) – Red FIDIC, in relation with whom a number of disputes arose between
the Parties, which led to termination of Contracts. As the Parties did not reach a consensus in respect
of appointing the Sole Member Disputes Adjudication Board (DAB), it has been
requested the appointment by the third party, the President of the Romanian
Association of Consulting Engineers. Following that appointment, the Employer declined
signing the DAB Agreement, apparently considering that disputes resolution
can no longer follow this lead in the case of a terminated Contract. -
Thus, DAB Agreement has been signed „ex-parte”
only by the Contractor and the Sole DAB Member. |
|
(0096) May - June 2017 |
Bucharest &
Constanta, Romania |
SC RAJA SA Constanta -
(Employer - Ro) & Association SC FLUID DEVELOPMENT SRL – SC GEOMARCO
CONSTRUCT SRL – (Contractor - Ro) |
Technical
Expert |
The Parties have concluded the Contract No. CL 3B/
05.09.2014 „REHABILITATION AND
EXTENSION OF CAPTION AND TREATMENT SOURCES FOR DRINKING WATER IN BUFTEA AND
CORBEANCA” – Red FIDIC, in
relation to which a dispute has arisen, respectively the Contractor has
referred an Arbitral Request related to the Contract. International Arbitration Court by Bucharest
Chamber of Commerce and Industry has appointed the Technical Expert for
carrying out a technical expertise within context of the arbitral process,
which included: -
Identification of Parties’ risks in the
Biding Documents -
Identification of the Critical Path in
the Work Programme. -
Establish the excusable delays claimed
by the Contractor. -
Establish the aggregated effect of the
delays. Calculation of applicable delay damages in case of
identifying Contractor’s excusable delays |
|
(0095) January - April 2017 |
Bucharest &
Galati, Romania |
Vega93
SRL (Ro) |
Contract
Expert |
Upon encountering certain difficulties in
implementation of a number of projects, SC Vega93 SRL requested specialised technical
assistance toward resolving a number of contentious issues arisen within
relationship with Employers and Subcontractors for the following works
contracts: -
Extension of Galati Wastewater
Treatment Plant – phase II; -
Development and modernisation of Iasi
International Airport – Module I – Design and Build for Execution of Movement
Areas Related to a New Runway of 2400 m in R.A. AEROPORTUL IASI -
Arrangement of Trotus
river and influents on Ghimes – Urechesti
sector, Bacau County – phase I; -
Consolidation and restauration works for Putna Prefecture in Focșani municipality. Most of these works
contracts were Red FIDIC type. As well, SC Vega 93 SRL requested services for
training their staff in managing works contracts and related contentious
issues. |
|
(0094) October 2016 – October 2019 |
Bucharest, Romania |
Integrate Investment
(Ro) |
Contract
Expert |
The World Bank has launched a call for services for
“Local Consultant Knowledge and
Advisory Services on Support to Implementation of the Public Procurement
Strategy”, aiming at: -
setting up a web-based guide – a
primary source of guidance and in-depth practical information to the
contracting authorities, -
re-engineering the Recipient’s
functional set up and work flows to enable better policy formulation,
dissemination, implementation, performance measurement and further policy
refinement, and -
capacity development to ensure a
consistent approach by disseminating the new operational methodology among
the Main stakeholders of the public procurement system. Services are provided for supporting the
consultancy team with specific knowledge related to procurement and
implementation on Works Contracts. |
|
(0093) October 2016 April 2017 |
Bucharest, Romania |
ISAF
SA (Ro) |
Contract/
Quantum Expert |
JV Ansaldo & ISAF were entrusted the Works
Contract “Rehabilitation of the Section
Cimpina – Predeal on the Railway Line Bucharest –
Brasov ISPA/2003/RO/16/P/PT/007/02/04 - Lot 4: Signalling Automatic Block and
Telecommunications Works” – Red
FIDIC, by the Romanian Railways National Company (CFR SA). Due to several problems, the Parties ended in
arbitration and to the end, Suciu & Popa Attorneys, representing ISAF,
requested a Party Expert Report aiming at performing an analysis of
contractual and quantum aspects, including time impact analysis and
additional costs toward sustaining their position in the arbitration process
– the Report is also to be presented in the Arbitral Tribunal hearings. |
|
(0092) July 2016 – to date |
Bucharest, Romania |
SC
Inspet SA (Ro) |
Contract
Expert & Independent
Party Expert |
SC Inspet SA has been
entrusted the Works Contract „#IBRD4811RO-MoJ/W1-12
– Civil Works for Sibiu Tribunal – Rehabilitation, arrangement and extension
of Sibiu Tribunal Headquarters” (historical
building) under the Contract Conditions for Works Contracts of the World
Bank – Red FIDIC type. Upon occurrence of a dispute with the Employer (Sibiu Tribunal and Ministry of Justice –
Department for Implementation of Internationally Financed Projects), SC Inspet SA has hired the specialised services of SC Ab
Initio SRL for preparation of the Position Paper and technical assistance for
triggering and carrying out the dispute adjudication (as per World Bank adjudication procedures), respectively negotiation
process, toward resolving the dispute. After Adjudicator’s decision, favourable to the
Contractor, the Employer triggered an arbitration process, on which occasion,
further services as Independent Party Expert were required. |
|
(0091) June - July 2016 |
Bucharest, Romania |
„Oglinda si Asociatii” Attorneys at Law |
Technical
and Contracts Expert –Disputes Resolution |
„Oglinda si Asociatii” Attorneys at
Law are running a number of contracts for juridical assistance and
representation for construction companies, that are executing Works Contracts
according to FIDIC Conditions of Contract. Toward offering an integrated set of complete
services for disputes resolution to their clients, „Oglinda si Asociatii”
Attorneys at Law hired SC Ab Initio SRL specialised services of technical
expertise and in implementation of Works Contracts according to FIDIC
Conditions of Contract. To date, assistance services have been provided to
S.C. Euroconstruct Trading ‘98 SRL, for their
Contract with Prahova County Council, for the Yellow FIDIC type Contract no. 12776/ 1850 dated 29.07.2014, „Construction of mechano-biological
treatment plant of biodegradable waste Ploiesti”. |
|
(0090) June 2016 – October 2018 |
Bucharest, Romania |
CNADNR (Ro) & Asocierea S.C. VIAROM CONSTRUCT S.A. – S.C. BETA - COPS
S.R.L. – S.C. MAXIDESIGN S.R.L. |
Sole
Member Dispute Adjudication Board |
Following signature at 4th of July 2014
of the Contract No. 92/38945/04.07.2014 - „Design and Execution of Brasov City Ring Road, Section II, DN11 – DN
13”, the Employer and Contractor have agreed the appointment of a Sole
Member Disputes Adjudication Board, for deciding in respect of all and any
kind of dispute that may arise between the Parties out of execution or in any
other way in relation to the above mentioned
Contract, governed by Red FIDIC
Conditions of Contract. |
|
(0089) March 2016 – November 2020 |
Bucharest, Romania |
CNADNR
(Ro) & Asocierea Copisa Constructora Pirenaica SA – Chirulli Impresa
Individuale – Coremi Inter SA |
Sole
Member Dispute Adjudication Board |
Following signature at 21st October 2013
of the Contract No. 92/42013/29.06.2012 – „Rehabilitation DN66, Filiaşi – Petroşani, km 0+000 – km 131+000, sector km 93+500 –
km 126+000 – Contract 5R3 – Bumbeşti Jiu – Petroşani”, the Employer and Contractor have
agreed the appointment of a Sole Member Disputes Adjudication Board, for
deciding in respect of all and any kind of dispute that may arise between the
Parties out of execution or in any other way in relation to the above mentioned
Contract, governed by Red FIDIC
Conditions of Contract. |
|
(0088) December 2015 |
Bucharest, Romania |
National Arts
University (Ro) |
Works
Contract Auditor |
National Arts University (UNARTE) is currently implementing the Works Contract „Extension and functional reshaping of National
Arts University Bucharest – Phase A –
Consolidation and rehabilitation works and technological endowment of
existing buildings: block C2, C3 and connected technological spaces –
Consolidation Casa Robescu” – a Red FIDIC type Contract, which
includes rehabilitation of a patrimony historical building. Upon encountering certain contractual problems and
of a volume of additional works due to building’s age, respectively of risk
to exceed allocated budget, UNARTE requested an audit to evaluate the
opportunity of the additional works, Contractor’s preparation of works
statements for invoicing and effecting the payments, as well as the contract
administration carried out by own staff, for identifying the necessary mitigation
measures to Maintain under control the implementation of that Works Contract. |
|
(0087) September 2015 - February 2016 |
Kiev, Ukraine |
ARS Progetti (It) |
Team
Leader – Senior Expert on Transport Infrastructure |
Preparation of ToRs for
the Technical Assistance project “Assistance
to the Ukrainian authorities for improvement the infrastructure cycle
management” – EuropeAid/132633/C/SER/multi Services included extensive identification and
analysis of current status and gaps in the transport project cycle (legislative, administrative, operational,
financial and organisational, planning, procurement, implementation and
Maintenance), drafting of an action plan for improvement of these aspects
and transpose it into a set of ToRs for a subsequent
technical assistance project, aiming at procuring specialised services for
their implementation. Tasks also included team coordination. |
|
(0086) August 2015 - November 2020 |
Bucharest, Romania |
CNADNR (Ro) & Asocierea PORR Construct SRL – PORR Bau
GmbH (Au) |
Sole
Member Dispute Adjudication Board |
Following signature at 23rd of April
2014 of the Contract „Design and
Execution of Sebes – Turda
Motorway LOT 4, km 53+700 – km 70+000” (”the Contract”), the Employer and Contractor have agreed the
appointment of a Sole Member Disputes Adjudication Board, for deciding in
respect of all and any kind of dispute that may arise between the Parties out
of execution or in any other way in relation to the above mentioned Contract,
governed by Yellow FIDIC
Conditions of Contract. |
|
(0085) August – November 2015 |
Bucharest, Romania |
Giurgiu Tribunal |
Independent
Expert |
Association SC Consola Grup Construct SRL & SC Danex
Consult SRL (the Contractor) filed
with Giurgiu Court – Administrative and Fiscal Section a case against SC Apa Service Giurgiu SA (the Employer) in relation to the Works Contract “Rehabilitation and extension of production
capacities and water treatment in Giurgiu – Slobozia,
Bolintin Vale and Mihailesti”,
governed by the Yellow FIDIC
Contract Conditions. For reaching a conclusion, Giurgiu Court requested
the appointment of an Independent Expert, to provide a consolidated report,
concerning merit and quantum for time and money, claimed by the Contractor. |
|
(0084) August - Sept 2015 & Dec 2015 – Feb 2106 |
Buzau, Romania |
Compania
de Apa Buzau SA |
External
procurement expert |
Technical assistance as External Procurement Expert
for evaluation of expressions of interest for „ Technical assistance for preparation of financing application and
tender documents for the regional project for development of water and sewage
infrastructure from Buzau county during period
2014-2020”, published under no. SEAP 159214/01.05.2015. -
Upon
concluding the prequalification phase, the Client requested technical
assistance as External Procurement Expert for evaluation of technical and
financial offers and conclusion of related Service Contract. |
|
(0083) May – June 2015 |
Rimnicu Valcea, Ocnele Mari |
S.C. UNISAT ENERGY
S.R.L. (Ro) |
Contract
Manager |
The
Association S.C. Antrepriza Construcții
Montaj Nr. 4 București
S.A. – S.C. Griro Development S.R.L. – S.C. Protectchim SRL – SC Edilturci
SRL – SC I.C.O.P. S.R.L. (the
Contractor) through leader S.C. Antrepriza Construcții Montaj Nr. 4,
has been entrusted by S.C. Apavil S.A. Vâlcea, the Works Contract “VL-CL6 – Extension and rehabilitation of water and waste water
network in Râmnicu Vâlcea
North Zone and Ocnele Mari”, governed by the Red Book FIDIC Conditions of Contract
and Romanian Law and valued at 30MEuro For
handling the contractual matters, the Association Leader/ Contractor,
represented by SC Unisat Energy SRL, has requested
Contract Management services, which include: -
assessment of contractual matters and
consequent advising of Contractor Management, including proposing
alternatives for ways forward -
review contractual correspondence and
preparation of necessary replies; -
assessment of Contractor’s duties and
obligations, including deadlines; -
attend meetings with Engineer/ Employer and
other relevant third parties, as requested by the Project Manager; -
preparation and monitoring of warning system,
which includes Main topics to be monitored, deadlines and responsible
persons, for enabling pro-active action and spotting delayed actions; -
preparation of correspondence related to
Claims and Disputes (preparation of
position documents and assistance during court hearings – DAB/ Arbitration
clauses excluded); advice on possible options and recommended
alternative for handling the contractual conflicts and related aspects. |
|
(0082) March 2015 – November 2020 |
Bucharest, Romania |
CNADNR (Ro) & Asocierea S.C. Tehnostrade
S.R.L. – S.C. Spedition UMB S.R.L. (Ro) |
Sole
Member Dispute Adjudication Board |
Following signature at 29th of July 2013
of the Contract „Design and Execution
of Lugoj-Deva Motorway LOT 4, km 77+361 – km 99+500” (”the Contract”), the Employer and Contractor have agreed the
appointment of a Sole Member Disputes Adjudication Board, for deciding in
respect of all and any kind of dispute that may arise between the Parties out
of execution or in any other way in relation to the above mentioned Contract,
governed by Yellow FIDIC
Conditions of Contract. |
|
(0081) December 2014 – March 2015 |
Zagreb, Croatia |
ESEP
Ltd. (UK) |
Procurement
Expert |
TA to Operational Structure for management
of the Operational Programme and implementation of Projects -
EuropeAid/134081/D/SER/HR: provision of technical assistance for the
Directorate of Transport Infrastructure within the Transport Operating
Structure/ Management Authority/ Intermediate Body for management of
Operational Program and implementation of IPA/SF projects - Instrument for
Pre-Accession Assistance 2007, within the Ministry of Maritime Affairs,
Transport and Infrastructure of Republic of Croatia for preparation of draft
standard tender dossiers for Works, Services and Supplies and preparation and
delivery of courses in public procurement and FIDIC Conditions of Contracts. |
|
(0080) October – November 2014 |
Bucharest, Romania |
Integrate
Investment (Ro) |
CIPS
Tutor |
Chartered Institute of Purchasing &Supply (CIPS, http://www.cips.org/ ), in
partnership with National Defence University „Carol I”, Integrate Investment and Charles Kendall Group (UK) have established in Bucharest a
CIPS Study and Examination Center National
University „Carol I”. In that
context, SC Ab Initio SRL has been requested to present the training courses
in the procurement field, Level 4 – “Diploma
in procurement and supply”, Module „Managing
Contracts and Relationships in Procurement and Supply”. |
|
(0079) September 2014 – December 2017 |
Bucharest, Romania |
CNADNR (Ro) & JV
STRABAG AG (Au) - SC STRABAG SRL - SC STRACO GRUP SRL |
Sole
Member Dispute Adjudication Board |
Romanian National Company for Motorways and National Roads S.A. (Employer) and JV STRABAG AG - SC
STRABAG SRL - SC STRACO GRUP SRL (Contractor)
requested dispute adjudication services in relation with Construction of Deva – Orastie
by-pass at motorway standard - ISPA - 2004/RO/16/P/PT/008/07, a Red FIDIC ‘99 Works Contract, for
several disputed contractual matters, evaluated at some 10 MEur. The Dispute
Adjudication Board was ad-hoc Sole Member. |
|
(0078) September – December 2014 |
Bucharest, Romania |
RNCMNR
(Ro) & Boegl – Geiger – Comtram JV (De) |
Sole
Member Dispute Adjudication Board |
Romanian National Company for Motorways and National Roads S.A. (Employer) and Boegl – Geiger –
Comtram JV (Contractor)
requested dispute adjudication services in relation with Sibiu By-Pass, a Red FIDIC ‘99 Works Contract, for a
disputed payment related to certain additional works, time extension related
costs and financial costs evaluated at almost 20 MEur. The Dispute
Adjudication Board was ad-hoc Sole Member. |
|
(0077) May – August 2014 |
Skopje, Macedonia |
H. F. Wiebe GmbH &
Co. KG (De) |
Contract
Manager |
The
Contractor H. F. Wiebe GmbH & Co. KG has been entrusted the Works Contract ”Railway Corridor VIII, Rehabilitation of Section Kumanovo - Beljakovce”, for
the complete rehabilitation and reconstruction of a 31 km railway line. For handling the contractual
matters, the Contractor has requested Contract Management services, which
include: -
assessment of contractual matters and
consequent advising of Contractor Management, including proposing
alternatives for ways forward -
review contractual correspondence and
preparation of necessary replies; -
assessment of Contractor’s duties and
obligations, including deadlines; -
attend meetings with Engineer/ Employer and
other relevant third parties, as requested by the Project Manager; -
preparation and monitoring of warning system,
which includes Main topics to be monitored, deadlines and responsible
persons, for enabling pro-active action and spotting delayed actions; -
preparation of correspondence related to
Claims and Disputes (preparation of
position documents and assistance during hearings); -
advice on possible option and recommended
alternative for handling the contractual conflicts and related aspects; -
manage contractual relationships with
Subcontractors/ Suppliers. The Works
Contract is 40 MEuro and based on Red FIDIC Conditions of Contract. |
|
(0076) May 2014 – August 2016 |
Chisinau, Moldova |
IP
“Fondul Provocările
Mileniului – Moldova” (Millennium Challenge Account - Md) & SADE -Compagne Générale de Travaux D’Hydraulique
(Fr) |
Permanent
Sole DAB Member -
appointed for TWO separate Works
Contracts, which included 1 (Dniester)
+ 3 (Prut) separate locations |
The Parties
have concluded two irrigation Works Contracts, financed by the American
Congress through the Millennium Challenge Corporation: -
“Construction
Works for Rehabilitation of Centralized Irrigation Systems in Jora de Jos” – Contract no. PP6/THVAP/W/CB/03/256, -
“Construction
Works for Rehabilitation of Centralized Irrigation Systems along Upper Prut
River - CIS ‘Blindesti’, CIS ‘Grozesti’
and CIS ‘Leova’” - Contract no.
PP6/THVAP/W/CB/04/275. The works
contracts were concluded under RED
FIDIC Conditions of Contract and foresaw appointment of a Permanent Sole
DAB Member. Activities
included regular site visits and reporting, permanent information on
contracts and works status, provision of informal opinions upon Parties’
request and disputes adjudication. Toward
works completion, a dispute has been referred for adjudication, which
included assessment of Position Papers of the Parties, Parties’ hearing and
issuance of the Decision, which led in the end to an amicable settlement
between the Parties. |
|
(0075) March – December 2014 |
Ankara, Turkey |
EPRD (Poland) Paulina TOPOREK |
Procurement
Expert |
TA services
for “Supporting Delegation of the European
Union to Turkey in carrying out its ex-ante functions for transport
infrastructure projects under IPA Component III, Transport
Operational Programme". Assistance
is provided to EU Delegation in respect of analysing, reviewing and revising
tender dossiers (including FIDIC based
Conditions of Contract, technical specifications, designs, drawings, BoQ etc), tender evaluation and claim assessment for
railway projects. Services require support to the ex-ante
review of the procurement, participate as EU Delegation observer in
evaluations, provide support for implementation of on-going contracts and
training in procurement and FIDIC Conditions of Contract |
|
(0074) February 2014 |
Bucharest, Romania |
Integrate
Investment, Ro Violeta
SIMIONESCU |
FIDIC
Trainer/ Contract Expert |
Preparation and delivery of a tailored FIDIC
course for staff of a major Western firm in the oil extraction and processing
industry. The course was specially customised and included
presentations Mainly on Yellow and Silver Books, covering a wide agenda, from
introductory elements, variation and payments, ground/ unforeseeable
conditions etc, to disputes adjudication and arbitrations. The beneficiary subsequently requested technical
assistance services for review of Employer’s Requirements and prepare
Particular Conditions of Contract for a bidding document aiming at concluding
a Works Contract under FIDIC Silver Book. |
|
(0073) December 2013 – January 2014 |
Skopje, Macedonia |
EPRD
(Poland) Ilona BANACH |
Independent
Works Observer -
Team Leader |
TA to EC Delegation in Skopje, FYRoM, as External Observer for the evaluation for an
international open (Red FIDIC ’99)
works tender for the “Rehabilitation of
the motorway section Veles – Katlanovo, as part of
the Corridor X”, within the Operation Programme “Regional Development”
2007 – 2013, IPA Component III, Measure 2.2. Evaluation has been carried out
according to the rules of the Practical Guide to Contract procedures for EU
external actions – PRAG. Services also included coordination of similar
observer for environmental works (Prilep waste water
treatment plant). |
|
(0072) Sept 2013 |
Belgrade, Serbia |
Louis
Berger SAS (France) Daniel SERAFIMOVSKI |
Technical
Expert |
Louis Berger, in consortium with GRE – Gauff Rail
Engineering, GRE Belgrade – Gauff Rail Inzenjeri d.o.o, Systra and Louis Berger d.o.o, were entrusted the project “Modernisation of Railways - Project documentation for the Railway
line Stara Pazova - Novi Sad-Subotica-Hungarian
Border”, which required review of several existing design documentations,
preparation of Tender Documents in accordance with EU PRAG or IFI
requirements and Yellow Book FIDIC conditions of contract and Financing
Application for obtaining financing and tendering the execution of related
works. For enforcing the consultancy team additional
support was provided for review of various expert inputs and drafting
necessary technical reports, as required under the ToRs. |
|
(0071) Sept 2013 |
Skopje, Macedonia |
National Association
of Consulting Engineers of Macedonia (NACEM)
Mk/ SC Ab Initio SRL |
Lead
Trainer |
Upon receiving a financing provided by the Swiss
Confederation State Secretariat for Economic Affairs (SECO), National Association of Consulting Engineers of Macedonia
(NACEM), organised the first
Procurement and FIDIC Course in Macedonia. Beneficiaries of that course were
employees of City of Skopje (City Hall),
dealing with infrastructure projects To that end, NACEM hired SC Ab Initio SRL for
drafting the 5 (five) days course
curricula and upon approval from SECO and City of Skopje, to prepare and
deliver the presentations. The course curricula provided a complete process
concept, including procurement procedures, preparation of Tender Dossier,
Evaluation and Contracting, as well as implementation of works contracts
under Red and Yellow FIDIC Conditions of Contracts and disputes resolution. NACEM also hired a local lawyer, for providing
information in respect of local proceedings for procurement and works
contracts implementation. |
|
(0070) Jan – Mar 2013 |
Stublach -
Northwich, UK |
Mareex Consulting SA (CH) Vincent
LEFEUVRE |
Contract
Manager |
Services were provided to Storengy
UK Ltd. (member of GdF
Suez group), for preparing a Feasibility Study aiming at assessing their
contractual status and identification of ways forward in respect of their
Underground Natural Gas Storage Project, in the salt mines area of Northwich,
UK. Overall Project budget was in excess of 410 m£. Storengy has contracted an EPCM
Contractor (based on NEC model of
Conditions of Contract) and number of subsequent Works Contracts: - 11 Works Contracts were based
on the General Conditions of Contract for Lump Sum Price Contracts (the RED Book), fourth edition
2001 of the British Institute of Chemical Engineers (IChemE); -
5 Works Contracts were based on the General Conditions of Contract for Reimbursable Contracts (the GREEN
Book), third edition 2002 of the IChemE; A large number of Supplies Contracts were also
concluded for procurement of materials and equipment. The activity included extensive analysis of above
contracts and related correspondence and documents and assessment of
contractual implications, all aiming at identifying strengths and weaknesses
of Storengy, toward the EPCM and Works Contractors,
as well as the most recommendable alternatives for moving the Project
forward. Conclusions following completion of that Phase,
were presented to Storengy’ Management for enabling
subsequent decisions to be made. |
|
(0069)
Oct 2012 – January 2013 |
Bucharest, Romania |
SCA McGregor & Partners |
Technical and Contract Expert |
TA for the
law firm, for technical and contractual matters, in relation with FIDIC
Conditions of Contract and Romanian legislation, related to various types of
constructions. |
|
(0068) April – Dec 2012 |
Bucharest, Romania |
Private project |
General
Coordinator |
Overall coordination for a residential & office
complex, including moving occupiers from their previous locations in the new
premises, fine tuning of mechanical and electrical works, art furniture
restoration and fine carpentry, various finishing works and gardening. |
|
(0067) January – March 2012 |
Skopje, Macedonia |
HCL Consultants Ltd.
(Cyprus) Andrew CAREY |
Independent
Works Observer -
Team Leader |
TA to EC Delegation in Skopje, FYRoM, as External Observer for the evaluation for an
international open (Red FIDIC ’99)
works tender for the “Construction of
new motorway section Demir Kapija – Smokvica, part of the Pan-European Corridor X” -
2011/268804 EuropeAid/129783/C/SER/multi. Services also include coordination
of similar observer for related services. Evaluation
was carried out according to according to the rules of the Practical Guide to
Contract procedures for EU external actions – PRAG. |
|
(0066) October – December 2011 |
Bucharest, Romania |
RNCMNR
(Ro) & Boegl – Geiger – Comtram JV (De) |
Sole
Member Dispute Adjudication Board |
Romanian National Company for Motorways and National Roads S.A. (Employer) and Boegl – Geiger –
Comtram JV (Contractor)
requested dispute adjudication services in relation with Sibiu By-Pass, a Red FIDIC ‘99 Works Contract, for a
disputed payment of over 10 MEur. The Dispute
Adjudication Board was ad-hoc Sole Member. Upon
issuing the DAB Decision, none of the Parties issued a Notice of
Dissatisfaction. |
|
(0065) October – November 2011 |
Bucharest, Romania Chisinau, Moldova |
ARS Progetti (It) |
Senior
Assessor |
TA for “Evaluation of the large scale projects selection documents for the final
approval of the Joint Monitoring Committee and European Commission - FWC
BENEFICIARIES 2009 - LOT 2 Transport and Infrastructure -
EuropeAid/127054/C/SER/multi” Services included evaluation of infrastructure grants applications for
improvement of border crossing facilities between Romania – Ukraine and
Romania – Republic of Moldova. |
|
(0064) June -
September 2011 |
Bucharest, Romania |
C&D
Consulting (Sk) |
FIDIC
Expert |
TA for EIB/ Jaspers for “Support
to the Preparation of Romanian Standardised Tender Documents for Transport
Sector (ref. 2010 132 RO ROD ROD)”. The services within this Assignment terms are provided to the Romanian
Ministry of Transport and Infrastructure (MTI), and the beneficiaries, the
National Authority for the Regulation and Monitoring of Public Procurement
(ANRMAP), the Romanian National Company for Motorways and National Roads
(RNCMNR) and the Romanian Railways Company (CFR). |
|
(0063) June 2011, June 2012 |
Ankara, Turkey |
Aqvadem (Tr)
|
FIDIC
Trainer |
FIDIC
open courses within “Aqvadem Academy”
for participants from a wide range private/ state entities (consultants, contractors and employers),
with a large scale of knowledge, from beginners to fairly advanced. The courses were
aiming at combining such blend of attendants and resulted in successful
knowledge development sessions, useful and attractive to all participants. |
|
(0062) March – June 2011 |
Bucharest, Romania |
Ab Initio, (Ro) |
External
technical procurement expert – Team Leader |
Technical expertise to Romanian National Company for Motorways and
National Roads, within the services contract ”Technical Assistance for the beneficiary for contracting the Construction
Works Nadlac – Arad motorway)”. Services require evaluation of offers for Works (Red FIDIC
’99) and related Supervision Services for ”Design and Build Arad – Nadlac motorway, Lots 1
and 2, Km 0+000 – 38+882”. |
|
(0061) March – June 2011 |
Bucharest, Romania |
Ab Initio, (Ro) (as
above) |
External
technical procurement expert – Team Leader |
Technical expertise to Romanian National Company for Motorways and
National Roads, within the services contract ”Technical Assistance for the beneficiary for contracting the Construction
Works for Lugoj – Deva motorway, Lot 1 (Lugoj – Dumbrava)”. Services require evaluation of offers for Works (Red FIDIC
’99) and related Supervision Services for ”Design and Build Lugoj – Deva motorway, Lot 1, Km 0+000 – 27+400”. |
|
(0060) Ian – Feb 2011 |
Bucharest, Romania |
Ab Initio (Ro) |
External
technical procurement expert – Team Leader |
Technical expertise to Romanian National Company for Motorways and
National Roads, within the services contract ”Technical Assistance for the beneficiary for contracting the Works for
modernising DN5”. Services require evaluation of offers for Works (Red FIDIC
’99) and of related works supervision services for DN5 Section Bucharest
– Adunatii Copaceni. |
|
(0059) Nov 2009 –Nov 2012 |
Serbia, Beska |
Thomas-Koziarski Consulting spolka jawna, (Pl) |
Contract/
Claims Expert |
TK has concluded an agreement with Alpine Bau
GMbH, an Austrian construction firm, for performing
Contract Management Services, for the implementation of their Works Contract
for the execution of the “Beska Bridge over the
Danube – Lots 3 (balanced cantilever)
(Yellow FIDIC) & 5 (rehabilitation
of existing bridge” (Red FIDIC) project in Serbia. Specialised services for reviewing contractual documents, claims and
position papers produced by TK, in respect of merit and quantum, were
provided upon request of Alpine Bau GMbH for an independent assessment. |
|
(0058) Oct 2010 – Feb 2011 |
Bucharest, Romania/
Vienna, Austria |
Richard
Chamberlain & Associates Ltd., UK |
Contract
& Technical Expert |
Provision of contract & technical expertise services to Romanian Railways
(CFR) - plaintiff, for defending
their position in an arbitration at the International Chamber of Commerce
in Paris, France, in relation with a works contract for rehabilitation of
Timisoara railway station. Such expertise require presentation of
plaintiff contractual position, identifying precise contractual requirements
broken by the defendant, demonstration and substantiation of related merit
and subsequently quantification in terms of time and money of respective
failures within the works contract framework. Services also require rebuttal
of defendant counter-claim. Services were also provided for supporting legal team during
hearings of Arbitral Tribunal, held in Vienna, Austria. The Works Contract was governed by the Red FIDIC Conditions of
Contract. |
|
(0057) Nov - Dec 2010 – June - July 2011 |
Podgorica, Montenegro |
EPRD
(Pl) |
FIDIC &
Procurement Expert |
TA to EU Delegation to Montenegro for preparation of the Tender Dossier
for a railway rehabilitation works contract - "Railway rehabilitation between Mijatovo Kolo (km 313+314) and Mojkovac
(km 321+733)" and tender evaluation. The services include a first mission for the preparation of Tender
Dossier including assessment of Detailed Design made according to local
rules, standards and regulations, preparation of Particular Red FIDIC ‘99
Conditions of Contract and of related Instruction to Tenderers, according to
“Practical Guide (PRAG 2010 edition)
for procurement procedures for EC External Actions” requirements. That
was followed by a second mission for evaluation of subsequent Works tenders. |
|
(0056) Oct - Dec 2010 |
Bucharest, Romania |
Ab Initio (Ro) |
External
technical procurement expert – Team Leader |
Technical expertise to Romanian National Company for Motorways and
National Roads, under three separate services contracts, for evaluation of
five tenders for works (5 different procedures) – Alexandria By-Pass, Caracal
By-Pass and Rehabilitation DN6 Alexandria – Craiova (3 lots) (under Red
FIDIC Conditions of Contracts ‘99) and related works supervision (3
procedures). |
|
(0055) June 2010 |
Mamaia, Romania |
SAFEGE S.A Nanterre France Sucursala Bucuresti (Ro) |
FIDIC
Trainer |
FIDIC Course within Contract RO FSCH 20.1 “Independent Technical Assistance for ensuring the necessary technical
expertise during contracts implementation“ – Needs assessment,
respectively, preparation and presentation of a FIDIC Course for the
staff of Central Financing and Contracting (CFCU) within Ministry of
Finances, involved in procurement and implementation of ‘Works’ Contracts, including presentation of FIDIC Conditions of
Contract (Red, Yellow, Green Books), practical Works contracts management
aspects, as well as issues related to disputes adjudication/ resolution. |
|
(0054) Feb 2010 – Aug 2010 |
Bucharest, Romania |
Integrate
Investment Consult (Ro) |
Procurement
Expert |
Preparation within project ”TF 2007/19343.05.04 – Improvement of
institutional capacity of ex - ante
control system within public procurement field” of a Guide and Set of
Procedures for Public Procurement in Romania, for being implemented in the
Public Procurement Control and Verification Unit (UCVAP) within Ministry of
Finances. |
|
(0053) Nov 2009 – Oct 2010 |
Galati/
Braila/ Deva/ Craiova/ Satu Mare, Romania |
Ab
Initio (Ro) |
Contract
Adviser |
Counselling services
for System YAPI ve Ticaret
AS Istanbul, Romanian branch, concerning contract
management for some seven Works Contracts
in Romania, under Yellow and Red FIDIC. Services include
preparation of contractual
correspondence, claims, overall advice for various contractual matters. Also acting as non-independent mediator and services
and for preparation of position papers
for Disputes Adjudication, were included. In particular, among the contracts dealt
with, a dispute arose in relation to a 12.5 MEuro
finalised Waste Water Treatment Plant (Yellow FIDIC) and the case had to be
taken to the DAB, which required preparation of Position and Response Papers,
substantiating the Contractor position, rebuttal of Employer counter-claim
and presentation in the DAB hearing. The process started in relation with
technical issues and then turned into a highly legal profile. |
|
(0052) June 2009 – April 2010 |
Arad, Romania |
Thomas-Koziarski Consulting spolka jawna, Pl & Ab Initio (Ro) |
Contract
Manager |
Contract Management
services for JV FCC Construcción SA & Porr Technobau und Umwelt Aktiengesellschaft, for the construction of the Arad
Motorway By-Pass, including: -
assessment of contractual matters and
consequent advising of JV Management; -
preparation of contract correspondence
related to Claims and Disputes (preparation
of position documents and assistance during hearings); -
advice on possible option and recommended
alternative for handling the contractual conflicts and related aspects. The Works Contract is
120 MEuro and based on Yellow FIDIC Conditions of Contract. |
|
(0051) May 2009 – June 2009 |
Cornu Romania |
Cornu Town Hall,
Ro |
Technical
Expert |
Technical Assistance
as technical expert for the Cornu Town Hall for
assessing the technical offers for the open bid aiming at acquiring design
services for “Photovoltaic central of 3
MWP for producing electrical power through conversion of solar energy, in the
town of Cornu, Prahova County” |
|
(0050) May 2009 |
Tirgu Jiu,
Romania |
Ab
Initio (Ro) & Integrate Investment Consult (Ro) |
Procurement
Expert |
Technical Assistance
for the Roads and Bridges Enterprise SA (Ro) from Tirgu
Jiu, Romania, for the preparation of the technical bid for a 4 years duration
framework contract, for summer/ winter Maintenance of Gorj
county roads. A
particular input was to define the overall tender strategy and the
identification and assessment of risks and assignment of mitigation measure. |
|
(0049) February 2009 – Dec 2009 |
Bucharest, Romania |
SEDESA
CONSTRUCTIONS AND SERVICES ROM S.R.L., Es (Re-branded
as Ezentis Infraestructuras SA) |
Claims/
Disputes Manager |
Following worsening of
the contractual relationship with their Employer, the Client required
Technical Assistance in assessing the
status of the contract and of available option, which included: -
preparation
of contract correspondence related to Claims and Disputes; -
preparation
of position documents; -
assistance
during hearings; -
representation
as “Party Representative” during
Disputes adjudication process; -
advise on
possible option and recommended alternative for handling the contractual
conflicts and related aspects. The Works Contract was
based on Yellow FIDIC Conditions of
Contract. |
|
(0048) February 2009 |
Bucharest, Romania |
CONSTRUÇÕES GABRIEL A.S. COUTO, S.A. (Pt) |
Procurement
Expert |
Technical Assistance
for the tenders preparation, including assessment of
bidding documents and included risks and of involved contractual matters. The Services also
included assistance in terms of legal aspects in terms of procurement
procedures. |
|
(0047) November 2008 – June 2009 |
Bucharest, Romania |
WYG (Ro) & Rom Capital Invest (Ro) |
Procurement
Expert |
Technical Assistance
for the TA Department within the POS Environment Management Authority –
reinforcement of administrative and institutional capacity for managing the
structural funds allocated through POS Environment and ensuring assistance
during public procurement procedures and implementation of projects financed
through the Priority Axis 6 POS Environment, in line with EU and national
legislation. |
|
(0046) November 2008 – Dec 2009 |
Various locations,
Romania |
Ab
Initio, Ro & Integrate Investment Consult (Ro) |
FIDIC
Trainer |
FIDIC Open Courses - Preparation and delivery of several FIDIC
open trainings for staff of various authorities and private Consultants &
Contractors, involved in tendering, contracting and implementing ‘Works’ projects, including a
presentation of Order of Finances Minister, OMEF 915/2008, introducing in the
Romanian legislation the translation of Red, Yellow and Green FIDIC
Conditions of Contract. |
|
(0045) October
- December 2008 |
Bucharest, Romania |
Parsons Brinckerhoff,
UK & Ab Initio (Ro) |
External
Evaluator |
„Expertise for
evaluation of offers for the Construction
Works of Road and Railways
Access Infrastructure to the New Bridge over the Danube at Calafat - Vidin -
Lot 1” – ref. no.:
2004/RO/16/P/PT/009/03 Provide TA to the
Romanian Ministry of Transport, to evaluate ‘Works’ offers, in line with the Romanian procurement legislation. |
|
(0044) September - March 2009 |
Bucharest, Romania |
Ab
Initio (Ro) |
External
Evaluator |
„Expertise for
evaluation of offers for the Supervision of Works for Reconstruction of Railways Infrastructure destroyed during floods
of July and August 2005 – Lot 2” – ref. no. 2005/RO/16/P/PT/002/08 Provide TA to the
Romanian Ministry of Transport, to evaluate offers for ‘Works Supervision Services’, in line with the Romanian procurement legislation. |
|
(0043) August 2008 |
Vata, Romania |
Egnatia ODOS( Gr) |
FIDIC
Trainer |
FIDIC Course - Preparation and delivery of FIDIC training for staff
of Romanian Company for Motorways and National Roads, involved in tendering,
contracting and implementing ‘Works’
projects, including a presentation of Order of Finances Minister, OMEF
915/2008, introducing in the Romanian legislation the translation of Red,
Yellow and Green FIDIC Conditions of Contract. |
|
(0042) July 2008 |
Constanta,
Romania |
Ab
Initio (Ro) |
FIDIC Trainer |
FIDIC Course - Preparation and delivery of FIDIC training for Administration of Maritime Ports Constanta
(AMPC) staff involved in tendering,
contracting and implementing ‘Works’
projects. The course included a presentation of Order of Finances Minister,
OMEF 915/2008, introducing in the Romanian legislation the translation of
Red, Yellow and Green FIDIC Conditions of Contract. |
|
(0041) May
2008 – October 2008 |
Zagreb,
Croatia |
AGEG Consultants eG,
Germany |
Environment Specialist - Civil Engineer |
Assess Tender Dossiers
in line with Financing Agreement and Regional Operational Development
Programmes, within IPA context, as well as with FIDIC Conditions of
Contracts. Tenders Dossiers are
related to Environment Operational Programme for developing waste management infrastructure
for an integrated waste management system in Croatia and protecting Croatia’s
water resources through improved water supplies and an integrated waste water
management system in cities of Knin and Drnis and
aimed at executing water supply and sewage networks, respectively waste water
treatment plants, in the two cities. |
|
(0040) May
2008 – July 2008 |
Bucharest/ Sibiu,
Romania |
Rom
Capital Invest (Ro) & EC Harris (UK) |
Contract/ Claims Expert |
“Technical Assistance for evaluation the contracts management
performance, for the construction of Sibiu By-Pass”- ISPA
2001/RO/16/P/PT/005/04 Audit/ analysis of
managerial decision taken within the measure, including assessment of
activities carried out by each Party within the Works and related Supervision
Contracts, for identifying problems that led to termination of Works
Contract. § Identify
recommendation for improving performances within the measure, emphasising
actions to be undertaken by ISPA Agency – Romanian National Company for
Motorways and National Roads SA, as Beneficiary, according to Red FIDIC Book 1999, for ensuring
continuous application of correct technical and financial management
practices. |
|
(0039)
March 2008 – December 2008 |
Bucharest,
Romania |
Parsons Brinckerhoff,
UK |
Procurement Expert |
Transport
Restructuring Project – Brasov By-Pass – IBRD loan CW – 1 – 01. § Prepare complete set of Works tender documents, based on Red FIDIC
Book conditions and in accordance with the Romanian procurement legislation
for the construction of Brasov By-Pass. Participate as voting
member in the pre-qualification and evaluation phases, for selecting the
Contractor to execute the works |
|
(0038)
March 2008 – December 2009 |
Bucharest, Romania |
Integrate
Investment Consult, Ro & Roland Gareis Consulting, Au |
Procurement and
Contract Expert |
Establishment of a
Procurement System and Project
Management - TA to a local private company, branch of major Western
firm, from the oil extraction and processing industry field for designing an
adequate Procurement System, including standard documents/ forms and
procedures, for various types of Supplies, Services and Works, in line with
Romanian and European regulations, as well as their internal management
system. Procurement and FIDIC
trainings for the Client personnel. |
|
(0037)
November 2007 |
Tallinn, Estonia |
Addenda
OÜ, Estonia Virve Roosimagi |
FIDIC
Trainer |
Theoretical and
practical trainings on FIDIC Conditions of Contract for project managers in
the construction industry. |
|
(0036)
October 2007 – November 2007 |
Bucharest, Romania |
Cycleplan, Estonia Klaas |
Short
Term Technical Specialist |
PHARE Interim Evaluation
- Thematic evaluation of the impact of changing procurement rules on the
PHARE contracting process. Assessment of
contracting process within various Romanian Contracting Authorities, under
EDIS and Romanian Procurement legislation. |
|
(0035)
October 2007 – March 2008 |
Bucharest, Romania |
Ab Initio, (Ro) |
External
Evaluator |
Expertise for
evaluation of offers for the Supervision of Works for Improving the
Navigation Conditions on the Danube River, between Călăraşi
and Brăila. Provide TA to the
Romanian Ministry of Transport, to evaluate offers for Works Supervision
Services, in line with the Romanian
procurement legislation. |
|
(0034)
August 2007 – October 2008 |
Bucharest, Romania |
Parsons
Brinckerhoff, UK |
Procurement
Expert |
Preparation of the
ERTMS pilot project Chitila-Crivina - EIB -
Framework Contract for TA TO JASPERS’ beneficiaries
countries Ref OJEU 2006/S95-100942 – Project 2007 061 RO TRA RAL Prepare complete set of tender documents, based on Yellow FIDIC Book
Conditions of Contract and in accordance with the Romanian procurement legislation and support, as
Procurement Expert, the technical experts in the team, in drafting together
with Romanian Railways the Employer's Requirements for the installation of
the ERTMS system through a “design
& build” contract. |
|
(0033) July
2007 – December 2007 |
Bucharest, Romania |
Integrate
Investment Consult, Ro |
Procurement
Expert |
Participate as
Independent Evaluator, for assessing offers for Works Supervision, including
preparation of related correspondence and Evaluation Report. „Short-term TA as Voting Member for evaluation of ‘Services’ offers
for Supervision of
Works for Reconstruction of Road Infrastructure Sectors,
Destroyed by Floods in July – August 2005 in Vrancea and Bacău Counties” |
|
(0032) June 2007 – October 2007 |
Bucharest, Romania |
BCEOM, Fr |
Procurement
Expert |
Consulting Services
for Emergency Re-Construction/ Rehabilitation of Flood Damaged Bridges and
Road Sectors – EBRD Financing Assist Final Beneficiaries
in preparation of Tender Dossiers and during tendering process, in line with
Romanian Public Procurement legislation; Audit of Public
Procurement carried out by Regional branches of
Romanian National Company for Motorways and National Roads. |
|
(0031) May 2007 |
Ankara, Turkey |
Ramboll, DK |
Lead FIDIC Trainer |
“External Trainers Pool for
DIS Related Trainings” - Preparation and delivery of 3 (three) training courses
for various staff from Turkish institutions involved in management of EC
funded projects. Course contained presentations on PRAG procedures for ‘Works’ and FIDIC Conditions of
Contract. |
|
(0030) May 2007 |
Ankara, Turkey |
Private[2]
Turkish Contractor |
Procurement
Expert |
Assistance in offers
preparation for various ‘Environment
Works’ tenders, particularly for
those financed by the European Commission. |
|
(0029) March 2007, March 2008 |
Sinaia, Romania |
Ministry
of Public Works, Development and Housing, Ro |
External
Lecturer – Contracts Expert |
“Risk Diminishing in Case of Natural Disasters and Preparation for Emergency Situations”
– Workshop on “Management of Environment Protection during Construction
Activities” - World Bank financed project for Ministry of Transport,
Constructions and Tourism; Other Private/ State involved entities Participate as
External Lecturer in the professional training related to applying
environmental mitigation measures in construction activities, for staff of
MTCT PIU, Final Beneficiaries, Local Authorities and involved Contractors,
dealing with rehabilitation of buildings involved in Emergency Response (City
Halls, Hospitals, Schools, etc). |
|
(0028) January 2007 – October 2007 |
Bucharest. Romania |
Parsons
Brinckerhoff, UK |
Team
Leader - Procurement Expert |
Short-term expert as
independent voting members for TA tender evaluation during procurement for
services for “Supervision of works construction Lugoj By-Pass”, and of works
for “Construction of Lugoj By-Pass” Provide technical
assistance during tenders evaluation and interview
for ‘Services’ and tenders
evaluation for ‘Works’, for an ISPA
project, including assistance during pre-tendering and contracting periods. |
|
(0027) June 2006 – Nov 2007 |
Bucharest, Romania |
Nomisma, It |
Expert in contracting/ procurement and implementation
procedures (including monitoring) |
“Support Romania in participating in Community Initiatives” RO
2004/016-772.05.02 TA for Cross Border Directorate within Ministry of
European Integration, for implementation of Interreg III B programmes in Romania, through preparation of the Romanian administration
and the potential intermediaries, beneficiaries and socio-economic partners
for the Romanian participation in Interreg III B CADSES programmes and in
future transnational programmes. Tasks include support for Grant Contracts conclusion and support to
Grant Beneficiaries in carrying out their Secondary Procurement that
comprising related trainings and workshops. Also informal
involvement in assessment of Claims and controversial issues under Works
FIDIC Contracts, including preparation of position papers for Employer for a
Dispute Adjudication |
|
(0026) June 2006 – August 2006 |
Craiova, Romania |
Parsons
Brinckerhoff Ltd., UK |
Deputy
Project Manager |
Environmental Compliance Project Management - TA for identifying
environmental problems, related mitigation measures and support for their
implementation in a local private factory, branch of major Western company
from the food industry field. |
|
(0025) December 2006 |
Bucharest, Romania |
European Consultants
Organization (ECO3), Be |
Local
Raporteur |
“Horizontal Training for Structural Instruments“ RO 2004/016-772.04.03.01.01 Provision of services
as a “Local Rapporteur” on the
“Conference on Structural Instruments”,
organised in Romania. |
|
(0024) September 2006 – December 2006 |
Bucharest, Romania |
Class
Management, Ro |
Technical
Short Term Expert |
Provision of
independent assistance in the field of ensuring the quality of the public
procurement process and contract implementation. TA for Ministry of
Public Finances, for ensuring quality control of various documents, including
Tender Dossiers, Addenda, etc, for Works, Services, Supplies and Grants, as well as for providing counselling for
contracts implementation, particularly for conflictual matters. Involved
at informal level in advising the Employer for resolution of disputed issues
under Works FIDIC Contracts. |
|
(0023) June 2006 – December 2006 |
Ankara, Diyarbakır, Sanlıurfa,
Gaziantep and Erzurum, Turkey |
Parsons Brinckerhoff
Ltd., UK |
Deputy
Team Leader -Procurement Expert |
TA to the
Municipalities of Diyarbakır, Sanlıurfa, Gaziantep and Erzurum to speed up the
implementation of “Support to the Solution of Economic and Social Integration
Problems in Diyarbakır, Sanlıurfa,
Gaziantep and Erzurum” Project. TA for preparation of
a Works Tender Dossier, for four lots, including Conditions of Contract,
Technical Specifications and Bills of Quantities. Preparation and
delivery of a course on PRAG procurement procedures and FIDIC Conditions of
Contract. |
|
(0022) June 2006 – January 2007 |
Pitesti Romania |
Private local operator in the field of Water/ Waste Management,
Ro |
Project Manager - Trainer |
Technical and professional training of
staff - Preparation and delivery of a set of
six training modules, on Project Cycle Management, FIDIC Conditions of
Contract, EBRD, EU and local procurement procedures, Public-Private
Partnership, etc |
|
(0021) August 2006 |
Bucharest, Romania |
British Private Consultancy
Firm, UK |
Procurement
Expert |
Review of Bid
Submission for a Railways Train Timetable Contract - Provide technical
assistance for review of offer, including assessment of proposed staff and
methodology and interviewees coaching. |
|
(0020) August 2006 |
Bucharest, Romania |
ECO3 - European Consultants Organisation, Be |
Senior Local Short-Term Expert on
Procurement and Contracting |
“Training in Project Cycle Management,
Procurement and Contracting of Pre-Accession Projects and Management of
Structural Instruments” EuropeAid/121737/D/SV/RO Training preparation and delivery for various staff from Romanian
institutions involved in management of EC funded projects. Course contained
presentations on PRAG procedures for Works and Supplies and FIDIC Conditions
of Contract. |
|
(0019) March 2006 – on-going |
Bucharest, Romania |
European Construction Ventures Ltd, UK |
Procurement
Expert |
Technical assistance for trainings delivery and for local
business development Provide assistance in
trainings delivery (Mainly FIDIC), particularly by embedding on the course
content, aspects related to local legislation and EU financing |
|
(0018) April 2006 |
Constanta, Romania |
Administration of Maritime Ports Constanta, Ro |
FIDIC
Trainer/ Works Contracts Expert |
FIDIC Course - Preparation and delivery of FIDIC training for AMPC
staff involved in tendering, contracting and implementing ‘Works’ projects |
|
(0017) Dec 2005 |
Ankara, Turkey |
East West Consulting sprl, Be |
FIDIC Trainer/ Works Contracts/ Procurement
Expert |
Support to the CFCU, NAC and NAO in
Turkey - Training preparation and delivery for
various staff from Turkish institutions (CFCU,
NAC, NAO) involved in management of EC funded projects. Course contained
presentations on PRAG procurement procedures and FIDIC Conditions of
Contract. |
|
(0016) Dec 2005 |
Bucharest, Romania |
Private British
Consultancy Firm, UK |
Procurement/
Technical Expert |
Review of Bid
Submission for Supervision of a Road Construction Contract - Provide
technical assistance for review of offer, including assessment of proposed
staff and methodology. |
|
(0015) Sept 2005 |
Sinaia, Romania |
Svasta
Consulting, Ro |
FIDIC
Trainer/ Works Contracts Expert |
Training on Project
Design and Preparation, Monitoring and Assessment and PCM - Training
preparation and delivery for various staff from Romanian Ministries/
Institutions, involved in management of EC funded projects. Course contained
presentations on PRAG procedures and FIDIC Conditions of Contract. |
|
(0014) June 2005 – March 2006 |
Bucharest, Romania |
Plancenter, Finland |
Procurement
Expert |
Short-term technical
assistance during procurement of services for “Design Review and Supervision
of Construction of Deva - Orastie By-pass” and “Technical Assistance for Institutional
Support during implementation of works Deva - Orastie
By-Pass” - Provide technical assistance to Romanian National Company for
Motorways and National Roads, during pre-qualification, tenders evaluations
and interviews for two ISPA projects. |
|
(0013) March - August 2005 |
Bucharest, Romania |
Parsons Brinckerhoff Ltd., UK |
Deputy Team Leader - Road Safety Expert |
Assistance to Romanian National Company for Motorways and
National Roads for implementing new safety aspects of the EU Legislation in
the field of road transport – Safety measures in Linear Villages - Identify
Main road safety problems and potential solutions for various localities
along National Road DN1, including preparation and delivery of a presentation
for raising the local authorities awareness on this
opportunity. |
|
(0012) Dec 2004 |
Bucharest, Romania |
Private British Consultancy Firm, UK |
Procurement/ Technical Expert |
Review of Expression of Interest and Bid Submission for a Works
Supervision Contract - Provide technical assistance in preparation and review
of EoI and offer, including assessment of proposed staff and methodology. |
|
(0011) Nov 2004 – July 2005 |
Bucharest, Romania |
Private British
Developer, UK |
Project
Manager Assistant - Technical Expert |
Technical assistance for overseeing processes required for obtaining
planning consents for a retail development project in Bucharest - Provide
technical assistance for preparation of complete design for statutory process
for a major retail center (commercial area). |
|
(0010) Nov 2004 – Oct 2005 |
Bucharest, Romania |
Safege, Be |
Infrastructure
Expert |
PHARE 2002 Cross
Border Cooperation Programme Romania-Bulgaria
- RO 2002/000-625-05.03 - Project Preparation Facility for
Infrastructure Projects. Assistance for the
Cross Border Co-operation Directorate within the Ministry of European
Integration for tender dossiers preparation, tenders
evaluation, contracting and contracts implementation for works, services and
supplies, including preparation of
Guidelines for Grants applicants. Staff training in PRAG
procedures, FIDIC Conditions of Contract and contracts implementation. |
|
(0009) April – October 2004 |
Bucharest,
Romania |
ICON Consulting,
De |
Deputy Team
Leader – Transport Infrastructure Expert |
Assistance for the implementation of the multi-annual strategy agreed
between Romania and Hungary. Assistance within a
multidisciplinary team, in a CBC Project (Romania – Hungary), for the Cross
Border Co-operation Directorate within the Ministry of European Integration
for tender dossiers preparation, tenders evaluation,
contracting and contracts implementation, which included advising the Client
in the contract negotiations, for works and services. Preparation of Guidelines for Grants
applicants and FIDIC course for potential applicants. |
|
(0008) May – August 2004 |
Bucharest,
Romania |
Hyder
Consulting Ltd. |
Deputy Team
Leader – Procurement Expert |
Strengthening
compliance with public procurement directives in the candidate countries in
view of accession - Assessment of Romanian public procurement rules in
comparison with EC rules and training of Romanian public administration staff
in procurement, FIDIC Conditions of Contract and project implementation |
|
(0007) Jan
2004 – Oct 2004 |
Bucharest,
Romania |
Hyder
Consulting Ltd. |
Senior
Infrastructure Engineer |
Tasks
included training in public procurement and FIDIC for the local authorities (Roads Railways, CFCU,
Ministry of European Integration, Ministry of Environment); assessment of the
Romanian public procurement rules against the relevant EC Directives;
development of the company business plan in Romania; support in tender preparation and general
assistance for the Branch Manager, including selection of various suppliers
and service providers. |
|
(0006) June
2003 – Dec 2003 |
Guildford,
United Kingdom |
Hyder
Consulting Ltd. |
Senior
Highways Engineer |
Assessment
of route options for developing the existing A21 Trunk road,
South of Pembury to Hastings, including preparation of proposed alignments, schemes costing and
documentation preparation for public
consultation with a high degree of emphasis on environmental protection
and mitigation. Also, schemes were
prepared for a rapid widening of the M25 London ring road, including junction
improvements, and the study of phased traffic conditions for improvement of
the A13 Albert Bridge in London. The
schemes also contained “black-spot” and accident analysis, traffic safety assessments and
preparation of corrective measures. As well as the technical issues, tasks
involved short and long term resource planning. |
|
(0005) Oct 1999 -
April 2003 |
Bucharest,
Romania |
Delegation
of the European Commission |
Transport
Task Manager |
Responsible for the overall coordination and management of EU funded
projects of over 500 million Euro in the transport field, including
roads, railways and ports, and for the evaluation, selection and programming of the projects to be
financed by the European Union through PHARE and ISPA that preceded the
Structural Funds. Procurement and projects implementation
monitoring for Services, both technical assistance and Works Supervision,
along with construction Works (under DIS/PRAG Procurement rules and FIDIC
Conditions of Contract) and equipment Supplies (e.g. IT, Roadworthiness, Navy
Radio Communication Navtex system, Emergency Search
and Rescue boats, etc). Among the major projects coordinated,
was included the “Interlocking Systems for Bucharest, Brasov, Arad and Timisoara
Railways Stations PHARE-RO9604”, which aimed at changing old relay based
interlocking systems with electronic ones. A major task was to support the
complete re-drafting of the Tender Dossier, including evaluation criteria and
subsequent evaluation of received offers. Works implementation was also
monitored, throughout the execution period. In the field of railways, there was
also coordinated the design of the railways sections
Baneasa – Fundulea and Fundulea – Lehliu and
subsequent preparation of tender dossiers for works. General monitoring of schemes funded by
other donors (IFIs), in order to integrate and coordinate them with the EU
funded projects. Analysis of
transposition of the transport related acquis
communautaire, in the Romanian legislation. |
|
(0004) March 1999 – Sept 1999 |
Cimpina, Romania |
ILBAU GMBH
(currently Strabag) |
Deputy Site
Manager – Traffic Safety Expert |
Responsible for assisting the Project
Manager on the implementation of a
$25 million project to rehabilitate the national road DN1 between Cimpina - Comarnic, under a
World Bank funding and using of FIDIC Conditions of Contract. The Contract included widening and
strengthening of 22 km of four-lane highway, major consolidation works,
rehabilitation of five bridges and numerous culverts, four new bridges and
extensive drainage improvements. |
|
(0003) Nov
1997 - April 1998 |
Strassbourg, France |
Seconded to
Europe Etudes GECTI |
Design
Engineer |
Design of
various types of roads, including geometric design, drainage,
earthworks, road markings and signs, in the North-East part of France. Specific responsibilities included the
design of the geometry and road markings for part of the Belfort – Germany
Motorway. |
|
(0002) May
1997 – Nov 1997 |
Moscow,
Russia |
Seconded to
Louis Berger Intl. Inc. |
Senior
Resident Engineer’s Assistant |
Supervision
of four international contracts to rehabilitate over 200 km of existing
highway on the road M7, Moscow – Nizhnii Novgorod –
Kazan (Noginsk – Vladimir section), valued at over
$34M – WB project, FIDIC Contract Conditions.
The tasks included the coordination of Russian design and supervision
teams, liaison with authorities and preparation of road widening design and
traffic schemes. |
|
(0001) June
1994 - March 1999 |
Bucharest,
Romania |
Eurometudes SA |
Design
Engineer / Team Leader |
Responsible for the design of different types of roads to
different standards, including European routes, in various terrain
including plains and mountainous areas, many projects being done under FIDIC
contracts. The work involved all the
phases in road design from pre-feasibility studies to detailed design. Responsibilities also included preparation
of land ownership plans, which required extensive negotiations with
landowners and local authorities, as well as the training of graduates and coordinating the design team. |
|
Feb 1989 –
Jan 1999 |
Bucharest,
Romania |
Institute
for Industrial Design |
Topographic
labourer |
Topographic surveys for various
industrial designs in the country, including industrial precinct, protective
works along upper meadows of Jiu river, ballast
pits, etc. |
|
15.
Other relevant information: § Active participation in seminars and conferences
as speaker/ presenter: -
GRSP conferences 2001 - 2004 in Romania with
presentations; -
Inter-Ministerial Council for Road Safety
2001 – 2004, meetings, debates, workshops; -
2nd IRF Road Congress for South-eastern
Europe, October 2001 in Romania; -
Roundtable debates in the Automotive Fair, October
2001; -
Integrated Emergency Response, September 2002
in Romania, co-organiser / moderator; -
Integrated Emergency Response (follow-up
organised by the US Embassy); -
Maritime Safety Seminar November 2002; -
Road Safety Conference – April 2004, Brasov,
Romania; -
DRBF
Conferences in 2006 – Budapest, Hungary, 2007 – Bucharest, Romania, 2009 –
London, United Kingdom, 2010 – Istanbul, Turkey, 2015 – Genoa, Italy, 2016 –
Sofia, Bulgaria, 2017 – Madrid, Spain, 2018 – Geneva, Switzerland, 2019 – Bucharest,
Romania, 2021 & 2022 – online, 2022 – Cluj, Romania, 2023 – Vienna,
Austria, 2024 - Sofia, Bulgaria, 2025 – Skopje, North Macedonia -
EFCA – SiDIR Conference - October 2008 – Warsaw, Poland; -
FIDIC
International Contract Users Conference – December 2008 – London, United
Kingdom; -
Regional DRBF Conferences, October 2009, June
2010 and October 2011, Bucharest, Romania -
Romanian Infrastructure Conference 2014 - for
Romanian Statutory Contracts Users –
September 2014, Bucharest, Romania: participated with two presentations on procurement and disputes
resolution. -
The first FIDIC – ARIC – EFCA Regional
Infrastructure Conference – March 2015 Bucharest, Romania: participated with a presentation on issues affecting disputes boards
effectiveness and efficiency. -
The scientific international conferences of
Romanian Society of Construction Law – March 2015, September 2016, October
2017 and October 2018 Bucharest, Romania -
The FIDIC – ACEG – EFCA Regional
Infrastructure Conference – 6 - 7 March 2018 Tbilisi, Georgia: participated with a presentation on payments issues under 2017 FIDIC
Books edition, from the prospective of a Procurement Expert/ Disputes
Adjudicator -
Workshop “A comparison between 1999 and 2017 FIDIC
Works Contracts edition” 5 March 2018 Tbilisi, Georgia -
Workshop “DAB/ DAAB – what has changed and why?”
8 March 2018 Tbilisi, Georgia -
2nd
Annual Conference of International Court of Arbitration of the
German-Romanian Chamber of Commerce and Industry, 27 September 2018,
Bucharest, Romania -
“Annual Conference of the European Society
of Construction Law – European Public Procurement, Current Issues and
Perspectives”, 25-27 October 2017, Bucharest, Romania. -
DRBF Region 2
Conference, 15-16 November 2018, Geneva, Switzerland -
DRBF Regional
Conference, 25 – 28 October 2022, Cluj, Romania -
DRBF Central &
Eastern Europe Conference, March 2023, Vienna, Austria -
DRBF MENA Regional Conference
2023, October 2023, Istanbul, Turkey -
“New Horizons in
Construction Arbitration” event organised by Vienna International Arbitral
Center (VIAC), November 2023, Bucharest, Romania -
“How to Manage Risks in Contractual
Relationships” event organised by the Asociación
de Empresas Españolas en Romania (ASEMER), European Court of Arbitration (ECA) and
International Association for Business & Arbitration (AIB&A), January
2024, Bucharest, Romania -
DRBF Central &
Eastern Europe Conference, March 2024, Sofia, Bulgaria -
DRBF Central &
Eastern Europe Conference, March 2025, Skopje, Northern Macedonia -
25th
Anniversary Conference of Romanian Association of Consulting Engineers
(ARIC), April 2025, Bucharest, Romania -
Joint Conference of
Turkish & Romanian Societies for Construction Law, Ankara, Turkey, April
2026 -
Publications: -
Explanations and Comments on Order of Finances
Minister, OMEF 915/2008, introducing in the Romanian legislation the
translation of Red, Yellow and Green FIDIC Conditions of Contract. – Roads
and Bridges Magazine of Romanian
Professional Association of Roads and Bridges, issue of August 2008; -
Co-author of a
material presented at the Road Safety Symposium of November 2008, Cluj,
Romania – FIDIC Conditions of Contract in the Romanian legislation. -
Various articles on
usage of FIDIC Conditions of Contract and Employer’s Requirements published
in 2016 in the Roads and Bridges Magazine of Romanian Professional Association of Roads and Bridges -
„Pro FIDIC, or a plea for the innocent
culprit” - article published in June 2016 in the Roads and Bridges
Magazine of Romanian Professional
Association of Roads and Bridges -
„Employer’s Requirements in the Transport
Infrastructure Works Contracts” - article published in July 2016 in the Roads and
Bridges Magazine of Romanian
Professional Association of Roads and Bridges |
Contact coordinates: § mobile: 00 40 727 340 623 § fax: 00 40 21 324 53 38 § e-mail: nifcons@yahoo.com § website: www.abinitio.ro § SKYPE ID: nifcons |
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