Construction disputes in Romania: work contracts, handover, delays & defects

For developers, contractors, subcontractors and beneficiaries who need a clear path from site facts to enforceable claims (or a practical defence). You send the key documents and a short timeline; we map options, evidence and deadlines, then act in the order that protects leverage.

Informațiile sunt generale și nu înlocuiesc consultanța juridică. Contează faptele, actele și cronologia.

When you may need this

You have delays on site and a dispute about who is responsible.
Handover (reception) is blocked or contested.
There are alleged hidden defects (vicii) or non-conformities.
Variation works happened without a clean paper trail.
You need a technical expert opinion to support a legal position.
Payment is withheld based on quality or completion arguments.
Penalties are claimed or disputed (delay penalties, contractual penalties).
Site documentation is incomplete and you need an evidence plan.
You need to preserve evidence before repairs or demolition.

What we do (step by step)

Clarify the legal frame: work contract (antrepriză), annexes, site instructions, acceptance documents and payment mechanics.
Build a timeline: events, notices, meetings, site minutes, emails, deliveries, tests and handover attempts.
Evidence strategy: identify what proves delay, defects, causation and quantum (documents + witnesses + technical expertise).
Pre-litigation actions: structured notice, request for remediation, invitation to technical meeting, preservation of evidence.
Negotiation support: settlement scenarios, cost/benefit and how to document agreed variations or remediation.
Expertise management: questions for the expert, documents to be reviewed, and how to keep the expert work focused.
Litigation: claim or defence drafting, interim measures where appropriate, and representation through hearings.
Enforcement mindset: from day one, we aim for a file that can support enforcement (or resist it) later.

Documents & information useful for the first review

Document	Why it matters	Notes
Contract + annexes (technical specs, BOQ, drawings)	Defines scope, standards, deadlines and acceptance mechanics.	Include all amendments and site instructions.
Handover (reception) documents	Often decisive for acceptance status, defects lists and deadlines.	Minutes, protocols, correspondence about reception.
Site documentation (site diary, minutes, reports)	Supports timeline, responsibilities and factual findings.	Provide scans/photos; explain gaps.
Change/variation evidence	Shows scope change, price impact and time extension arguments.	Emails, site orders, approvals, measurements.
Photos, videos, test results	Helps prove defects, progress and hidden works.	Date-stamped where possible.
Invoices, payment schedule, statements	Supports the monetary claim and payment defaults.	Include proof of delivery/acceptance where relevant.

Risks & common mistakes

Waiting too long to document defects or delays, then evidence becomes ambiguous.
Doing major repairs without preserving evidence (photos, expert notes, samples).
Treating reception as a formality, without understanding legal effects.
Relying on verbal site instructions with no written trace.
Sending inconsistent notices that later weaken credibility.
Mixing technical arguments with legal claims without a coherent structure.
Ignoring limitation periods and procedural deadlines.

FAQ

Do I need a technical expert from the start?

Not always, but many construction disputes turn on technical causation and compliance. Early screening helps decide whether an expert opinion is needed and what questions matter.

What if reception was signed but defects appear later?

We look at the reception minutes, defect reservations, warranty obligations and how the defect was discovered and notified. The approach depends on facts and documentation.

Can I claim delay penalties if I also changed the scope?

Often the key is causation and documentation: which delays are attributable, whether time extensions were requested/approved, and how variations affected the critical path.

What if the other side refuses a site meeting or expert inspection?

We can structure notices and evidence-preservation steps so the refusal is documented, and we can ask the court to manage evidence where appropriate.

How do you estimate the value of the claim?

We typically separate (a) principal sums (unpaid invoices/works) from (b) penalties/damages and (c) remediation costs, then tie each item to proof.

Contact

Call

Email: alexandru@maglas.ro | Phone: +40 756 248 777