Foreign investors in the real estate field in Romania contemplating construction or refurbishment often request legal advice in respect of their obligation to appoint a consultant or a project manager within the process of constructing a new building or refurbishing an existing structure. They further request clarification regarding the differences between the definitions of project manager, supervisor (diriginte de șantier) or consultant that can be found in the Romanian legislation applicable to building works.
Introduction
The Romanian construction legislation is not as precise or accurate in respect of the terms used for the specialists involved in a building operation. Therefore, we have analysed the relevant legislation from the perspective of the investor’s rights and obligations to appoint a specialist to supervise construction works.
The project manager
The definition of “project manager” is provided for by Government Decision no. 300/2006 on the minimum safety and health requirements for temporary or mobile construction sites (the “GD no. 300/2006”). He is defined as any natural or legal person, authorized under the law and designated by the beneficiary, and who is in charged with organizing, planning, programming and controlling the execution of works on the site and is responsible for carrying out the project in respect of the quality, costs and deadlines as mentioned in the building contract. Please note that GD no. 300/2006 only refers to the minimum safety and health requirements while working on construction sites from the labour legislation perspective.
There is no obligation for the investor/beneficiary to appoint a project manager for dealing with the safety and health requirements on the construction site, but in this case, it will be the investor/beneficiary who will be directly responsible for compliance with the requirements provided for by the legislation. One of these obligations is to appoint a safety and health coordinator during the development of the project and the building works.
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