Trofin & Asociatii secured a Eur 2 million award for a Romanian Contractor
The dispute arose under a Yellow Fidic Conditions of Contract between the general contractor headquartered in Frankfurt am Main, Germany and a Romanian subcontractor, the latter being represented in front all Romanian courts by Trofin & Asociatii. The Accepted Contract Amount was exceeding Eur 9 Million. The dispute was referred to Romanian courts by the subcontractor. The subcontractor claimed unpaid works, the value of several variations orders including design works, retention money and delay penalties. The case was a complex one, a variety of evidence was administrated, such as cross-examination, written documentation and three complex technical reports.
The judgement rendered by the Galati Court of Appeal in June 2018 was recently upheld by The High Court of Justice and Cassation which found and held that Trofin & Asociatii’s Client, namely the subcontractor performed the claimed works under Yellow FIDIC Contractor Agreement and ordered the general contractor to pay the subcontractor performed construction works and delay penalties. The Court found and held that no defects were claimed by the general contractor and ordered that the retention be paid to the subcontractor.
The team that handled this case in all procedural stages was coordinated by Mr. Valentin Trofin, Managing Partner at Trofin & Asociatii and Mrs. Oana Cuciureanu, Partner – Head of Litigation at Trofin & Asociatii, both of them having an extensive expertise in construction litigation and construction contracts. Both Mr. Valentin Trofin and Mrs. Oana Cuciureanu, from Trofin & Asociatii are currently representing the Romanian State in an investment arbitration under the rules of ICSID.