NNDKP obtains an irrevocable court decision in favour of Search Corporation SRL

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NNDKP successfully represented Search Corporation SRL in a dispute involving a claim for damages of approximately RON 62 million for an alleged contractual liability arising from the public procurement contract concluded in 2006 for design works in relation to project “Road bridge at km 0+540 of the Danube-Black Sea Canal and works related to the road infrastructure and access to the Port of Constanta” – Agigea Bridge, the longest cable-stayed bridge in Romania.

The contract between Search Corporation and CNAPM covered design works for the Agigea Bridge, and the court was called upon to consider, among other aspects, the employer’s right to claim damages for apparent/hidden/unforeseeable flaws in the project. The proceedings started in 2012 and entailed the introduction of complex evidence, including the opinions of 11 experts specialized in different fields (geology, constructions, accounting).

After almost five years, on May 21, 2017, the Bucharest Court of Appeals rendered an irrevocable decision in this case by validating the previous ruling of the court of first level, Constanta Court, which dismissed the claim.

The NNDKP team involved in this dispute was coordinated by Daniela Gramaticescu, Partner in the Dispute Resolution practice, and included Alexandra Drugan and Alexandru Lacureanu, Associates in the same practice area.

“The final decision of the Bucharest Court of Appeals is the successful outcome of our team’s active involvement in this case over a time span of five years. This was a complex project, but we are pleased to have finally achieved the outcome that both us and the client wanted. I would like to thank our colleagues, whose motivation, experience and technical skills proved that NNDKP has the necessary resources to provide legal services of the highest standard”, stated Daniela Gramaticescu, Partner.

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