After more than five and a half years of legal battles, STOICA & ASOCIAȚII has succeeded in securing, through a final court ruling, a favorable outcome in the first instance and on appeal for one of the largest players in the real estate, hotel, and tourism market in Romania.

Initiated in March 2019, the dispute concerned complex legal issues related to the performance and termination by unilateral rescission, at the initiative of the beneficiary (the client), of a construction contract for the execution of a parking lot for an office building in Bucharest.

The solution obtained confirmed the validity of the unilateral termination notice issued by the beneficiary for construction defects and failure to comply with the execution schedule, circumstances attributable to the contractor. Furthermore, the claims brought by the contractor against the beneficiary, amounting to over EUR 2 million, were dismissed in their entirety (the contractor's claims included the value of alleged unpaid works, the damage suffered as a result of the termination of the contract, and the value of the guarantees executed by the beneficiary).

The team of lawyers from STOICA & ASOCIAȚII who handled the case consisted of: Andreea Stoica – Managing Partner –, Yolanda Beșleagă – Senior Associate, and Angelica-Georgiana Alecu – Ciorcîrlan – Senior Associate –, with support at certain stages from other lawyers: Alin-Gabriel Oprea – Senior Associate – and Maria-Irina Crivăț – Junior Lawyer.

The dispute involved the development of a meticulous litigation strategy and the administration of extensive evidence, including technical expertise in the fields of construction and accounting. The analysis of the validity of certain clauses in the FIDIC contract concluded between the parties, in accordance with the legal provisions on insolvency, increased the complexity of the case. The judicial settlement of these issues, based on principles essential to the Romanian civil law system, will set a precedent for similar real estate disputes.

Established in 1995, STOICA & ASOCIAȚII has gained national and international recognition in the legal and business world through its legal assistance and representation of a vast portfolio of clients. Since its inception, the lawyers at STOICA & ASOCIAȚII have proven themselves to be a strong team, based on respect for its principles: Fidelitas, Integritas, Fortitudo. STOICA & ASOCIAȚII has earned an excellent national and international reputation. Its professional achievements are recognized in the most important legal guides: Chambers Europe, Legal 500, WTR 1000, IAM Patent 1000.