Emergency Government Ordinance no. 7/2016 on several measures
for acceleration of the implementation of trans-European transport
infrastructure projects, as well as for the amendment and
supplementation of certain legislation ("EGO
7/2016") entered in force on 18 March 2016.
EGO 7/2016 brings several new provisions on the execution of
FIDIC contracts with emphasis on the payment mechanism of amounts
awarded as a result of dispute adjudication boards
("DAB") decisions.
The preamble of EGO 7/2016 mentions that the rationale behind
the new provisions is to prevent the blockage of Trans-European
infrastructure projects. The "inspiration" for the
changes originated from claims filed by contractors for events
occurred under the FIDIC contracts and repeated requests for the
conclusion of addenda to the FIDIC contracts to regulate payment
mechanism of amounts awarded by DAB decisions. Improving payment
thereof eliminates the accrual of significant delay penalties
