3.

OBLIGATIONS RELATED TO
CONSTRUCTION QUALITY
Construction quality is not only a matter related
to client’s requirements and preferences.

Construction Quality is also a consequence of

applying various provisions of building codes,
and other legal regulations.

In Romania, the main law regarding

Construction Quality is “Law nr. 10/1995 on
Construction Quality”, republished in 2015.
It refers to obligations specific to:

-All parties involved in construction and

alteration (repair, maintenance,
consolidation, etc.) works;
-All stages of a construction project (design,
construction, operation, post-operation
stage).
A large number of other legal and technical
provision orbit around this Law.
The provisions of the law

-Refers to any type of new construction

facilities and building services, regardless
the property form (private or public), as well
as alteration works.
-Does not refer to small buildings (Ground
floor, Ground floor + First floor) and their
annexes located in rural areas or villages.
Temporary works and constructions are
also excepted.
 3.1 COMMON OBLIGATIONS

All the participants involved in

construction and/or alteration works
(including building services works) are
legally responsible to meet the provisions
of the Quality Law, and other
requirements related to this law (building
codes, quality specifications, etc.),
through the whole life cycle of the
facility.
As a general rule (art.7), engineering
and construction contracts cannot refer
(or impose) to requirements that are
inferior to regulations in force, with
reference to the provisions regarding the
essential requirements.
 Consequences due to un-fulfillment of
legal requirements on construction
quality:

- lost of time and resources (including

money) to correct the defects;
- supplementary expenses for laboratory
tests and technical expertise (witnesses);
- loss of reputation;
- fines (civil or penal);
- detention.
Obligations and duties span over a
long period of time.
The parties involved in construction projects, such as:
- Engineer (Designer);
- Certified Design Verifier (V.P.);
- Materials Suppliers;
- Contractor;
- Contractor’s Certified Technical Inspector (R.T.E.);
- Client’s Construction/Site Inspector (D.Ş.);
- Technical Expert Witness (Forensic Engineers)
are legally bond (according to their specific contribution
to the project), with regard to hidden defects of the
construction that may arise within 10 years from
handing-over, as well as during the whole life-cycle, for
defects regarding the construction structure due to
unfulfillment of provisions of the construction codes and
regulations in force at the time of its execution (art. 29).
 MAJOR LEGAL CONSEQUENCES (offences)
A. According to Law (art. 31) - the following actions:
• Design,
• Technical Review,
• Expert Witness,
• Performing of construction works (new facilities and/or
altering works),
WITHOUT consideration of the provisions of construction
codes and regulation regarding structural resistance and
stability, are considered as law infringement
IF these will result in one of the following consequences:
• Casualties,
• Bad injuries to one or more persons,
• Partial or total damage to the construction and its services
and equipment, and other significant consequences,
AND SHAL BE PUNISHED with prison from 5 to 10 years
and cancellation of certain rights.
B. IF the previous actions have produced:

• Casualties,
• Bad injuries to one or more persons,
• Partial or total damage to the construction and its
services and equipment, and other significant
consequences,

THEN the punishment shall be prison from 10 to

20 years and cancellation of certain rights.
C. An important accent is related to discipline
of participants to construction projects.

Thus, any continuance of the works that have

not been carried out technically correct and have
been stopped by a statutory authority, in all
cases in which such action would affect
construction’s stability and resistance, shall be
regarded as offence and punished with prison
from 3 months to 2 years or with penal fine
(art. 32).
 3.2 CLIENT OBLIGATIONS
The Client is the most important figure in the project and is in a position to lead by
commitment and through the right approach to the project. So, in terms of quality, he
must therefore:

• Establish the quality level to be accomplished during design and

construction stages according to the technical regulations (construction
codes, etc.) as well as actual state of art (studies and researches) in this
field;

This refers to:

- Clearly and fully define his needs and expectations - since late changes of mind can prove expensive
in terms of timescale, cost and quality;
- Ensure that the appropriate team is appointed (either collectively or individually) to provide advice
and to represent the Client's interests - they must be suitably resourced, qualified, experienced and
able to work together as a team;
- Analyse the risks attached to the project, quantify them, ensure they are managed and make
appropriate financial and time provision for them;
- Establish time, cost and quality levels and benchmarks before the construction phase commences,
and then against which the project can be monitored as it proceeds;
- Obtain external professional advice and support if this is not available in-house. This may involve
the appointment of a client adviser who will give guidance on the preparation of the technical and
economic appraisal and options to meet his needs including possibly a non-build option;
- Ensures that the statutory requirements (quality, health and safety matters, etc) have been
resolved by design documents and site access is available prior to commencing construction;
• Obtain all the approvals and licenses, including
the Construction permit, required by the law;

• Ensure that the Design Documents are getting

the Certification of compliance with building
regulations.
The client should engage an Approved Certifier of Design
to provide a certificate confirming compliance of the design
work with building regulations (concerning the fulfilment of
the 6 Essential requirements). This is carried out by suitably
qualified and experienced construction professionals
(Approved Certifier of Design) who are members of
certification schemes approved by the Government –
Ministry of Development;
• Ensure the review of correct execution of the
construction works during the contract
period by engaging a Construction/Site
Inspector.
The client should engage an adviser/consultant to
control the quality of the works and to provide records in
order to confirm compliance of the works with building
regulations. This is carried out by suitably qualified and
experienced construction professionals
(Construction/Site Inspector also known as Approved
Certifier of Construction works) who are members of
certification schemes approved by the Government –
State Inspectorate in Construction.

The site inspector will assist the client also to regular

monitoring and reporting, to analyse all aspects of the
project as construction progresses;
• Taking corrective action to solve non-
conformities that may arise during design
and construction stages;
• Organize the commissioning/handing over
of the completed project (at Completion of
the works and at the end of the Guaranty
period);
This might include:
- Enable the organisation and resources needed to execute both the pre-
start up testing and the commissioning of the completed project;
- Review the handover documentation and operating instructions
requirements of the client organisation and ensure these are prepared
and delivered on schedule;
- Ensure the production of all post completion reports analysing the
procurement process and the end product, noting whether the project
has met the brief and all users' requirements. All lessons learnt
should be shared among interested parties in order to inform future
project planning.
• Draw up the Construction Diary/Log Book
and hand it over to the owner;

• Enable construction expert witnesses in

those cases required by law (alteration
works, consolidation works, intervention
works due to catastrophic events).

Potrivit Art. 18 din Lege, lucrarile de intervenţie la

construcţiile existente se referă la lucrări de reconstruire,
consolidare, transformare, extindere, desfiinţare parţială,
precum şi la lucrări de reparaţii, care se fac numai pe
baza unui proiect avizat de proiectantul iniţial al clădirii
sau a unei expertize tehnice întocmite de un expert
tehnic atestat, şi se consemnează obligatoriu în cartea
tehnică a construcţiei.
 3.3 DESIGNER OBLIGATIONS
• Define the Construction (Building/Structure)
Category of Importance;

• Develop design work (in all stages – including

details) to meet the client quality
requirements stated in the contract, in
respect with construction codes and
regulations;

• Present the design to the selected (by the

Client) Certified Design Verifier(s) and solve
non-conformities and inconcistancies
revealed by him (them);
• Develop within their design work of:
Specifications and Technical
Instructions related to the contract
stage, occupancy, alteration and
maintenance;
• On the basis of demand, develop:
- the design for monitoring the
construction behavior during
occupancy stage;
- the design for post-occupancy stage
(dismantling stage);
• Set the Critical Control Points (F.D.) for
construction stage (with respect to Essential
requirements) and participate to their quality
control on site;
• When required by Client - Establish the
method to correct the defects detected at
time of construction stage, as a result of
designer sub-standard work, as well as
monitor the implementation on site of the
correcting solutions, after their previous
approval from Certified Design Verifier(s);
• Participate to drawing up of the Construction
Diary/Log Book an to the Handing – over
stage.
 3.4 CONTRACTOR OBLIGATIONS
• Review the Design documents and inform the
Client about nonconformities and inconsistences
of the design to be resolved;

• Begin construction works only on the basis of a

Construction permit and Verified Design
documents (where required by law);

• Assurance of the required level of quality by the

use of a quality system and Certified Technical
Inspectors;
• Call all the factors (persons/institutions)
required to participate to quality control of the
works that have reached the critical control
points and assure the necessary conditions to
perform the inspection in order to obtain the
approval (certification) to carry on the
construction works;

• Solve the non-conformities, defects and

inconsistences that may occur during the
construction stage of the project only on the
basis of the solutions provided by the Designer
and accepted by the Client;
• Perform the construction works using only the
provisions of the design documents (in terms of:
construction materials, products and methods –
having quality certification on the basis of
standards or technical approvals) in order to
meet the required quality level;

• Administer witness-evidences;

• Replace the products and methods stipulated in

the design documents only if allowed by the
Designer and accepted by the Client;
• Notify within 24 hours the State Inspectorate in
Constructions in case of technical accidents
occurred during the performance of the
construction works;

• Submit for reception (handing-over) only

facilities that meet the quality requirements and
for which the contractor has already submitted to
the client the documents necessary to complete
the Construction log book;

• Fulfill the provisions of the control documents or

handing – over documents, at the stipulated
terms;
• Remedy, at his own expense, the quality
defects that may arise from his own fault, both
during the construction stage and occupancy
stage;

• De-allocate lands temporarily occupied, upon

the completion of the works;

• Determine the duties and liabilities of the

participants to the construction works on his
behalf (own staff, partners, subcontractors), in
accordance with the provision of his quality
system and applicable law.
 3.5 OBLIGATIONS of Certified Design Verifier (V.P.),
Certified Technical Inspector (R.T.E.) and
Technical Expert Witness

• Certified Design Verifiers (V.P.) – are liable, together

with the designer, for the quality of the design documents.

• Certified Technical Inspectors (R.T.E.) – are liable,

accordind to their duties, for the accomplishment of
required quality level of the works they are supervising.

• Technical Experts – are liable for their analises and

solutions in case of designs, construction works or
constructed facilities.

Details of these obligations are provided by HGR 925/1995 pentru

aprobarea Regulamentului de verificare si expertizare tehnica de
calitate a proiectelor, a executiei lucrarilor si a constructiilor.
 Obligatii si raspunderi ale proprietarilor
constructiilor

• Efectuarea la timp a lucrarilor de intretinere si de reparatii care le revin,

prevazute conform normelor legale in cartea tehnica a constructiei si
rezultate din activitatea de urmarire a comportarii in timp a constructiilor;
• Pastrarea si completarea la zi a cartii tehnice a constructiei si predarea
acesteia, la instrainarea constructiei, noului proprietar;
• Asigurarea urmaririi comportarii in timp a constructiilor, conform
prevederilor din cartea tehnica si reglementarilor tehnice;
• Efectuarea, dupa caz, de lucrari de reconstruire, consolidare, transformare,
extindere, desfiintare partiala, precum si de lucrari de reparatii ale
constructiei numai pe baza de proiecte intocmite de catre persoane fizice
sau persoane juridice autorizate si verificate potrivit legii;
• Asigurarea realizarii lucrarilor de interventii asupra constructiilor, impuse
prin reglementarile legale;
• Asigurarea efectuarii lucrarilor din etapa de postutilizare a constructiilor, cu
respectarea prevederilor legale in vigoare.
 Obligatii si raspunderi ale administratorilor
si ale utilizatorilor constructiilor
• Folosirea constructiilor conform instructiunilor de
exploatare prevazute in cartea tehnica a constructiei;
• Efectuarea la timp a lucrarilor de intretinere si de
reparatii care le revin, conform contractului;
• Efectuarea de lucrari de interventie la constructia
existenta (lucrări de reconstruire, consolidare,
transformare, extindere, desfiinţare parţială, precum şi
la lucrări de reparaţii), numai cu acordul proprietarului
si cu respectarea prevederilor legale;
• Efectuarea urmaririi comportarii in timpa constructiilor
conform cartii tehnice a constructiei si contractului
incheiat cu proprietarul;
• Sesizarea, in termen de 24 de ore, a Inspectoratului de
stat in constructii, in cazul unor accidente tehnice la
constructiile in exploatare. (Art.26-L10/1995).
 CONTRAVENTII SANCT
- Lei-
Denumire

a) Executarea de modificari la constructii ori demolarea acestora cu incalcarea

prevederilor la autorizarea si executarea acestora;
1,550 – 9,300
b) Neexecutarea obligatiilor privind urmarirea comportarii in timp a constructiilor de
complexitate si importanta deosebita, referitoare la stabilitate si rezistenta;
a) Realizarea de constructii fara proiecte sau pe baza unor proiecte neverificate de
specialisti atestati;
b) Neexecutarea obligatiilor privind urmarirea comportarii in timp a constructiilor, a
lucrarilor de intretinere, reparatii, consolidari;
c) Realiz.de modif., transf., modern., consolidari care pot afecta cerintele, fara proiect 1,550 – 7,700
verificat de specialisti atestati;
d) Organizarea necorespunzatoare si neaplicarea sistemului de conducere si asigurare a
calitatii, inclusive realizarea de constructii fara responsabili tehnici cu executia atestati,
coresp. Art. 14;
a) Elab. de proiecte incompl., cu neconcord. ce pot det. nerealiz. niv. de calit. si insus.
acestora de catre verificatori;
b) Incalcarea prevederilor din reglementarile tehnice referitoare la cerintele constructiei;
c) Receptia constructiilor cu incalcarea prevederilor legale;
d) Necompletarea si nepastrarea cartii tehnice a constructiei conf. prevederilor legale;
e) Stabilirea in cadrul expertizei a unor proiecte de executie/solutii ce pot determina
nerealizarea cerintelor; 770 – 4,650
f) Neamenajarea terenurilor ocupate temporar pentru aducerea la starea initiala, la
terminarea lucrarilor;
g) Neasigurarea verificarii executarii lucr. de constructii prin diriginti de specialitate/firme
de consult. (cf. art. 21d);
h) Interzicerea/obstructionarea efectuarii controlului calitatii, neprezentarea documentelor
solicitate de inspectori.
a) Neaprecierea in proiect a categoriei de importanta a constructiei si
nestabilirea fazelor determinante;
b) Prevederea in proiect/utilizarea unor produse necertificate, fara agrement;
c) Nerespectarea prin proiecte a niv. de calitate si a celorlalte clauze
contractuale ref. la cerinte; 300 – 1,250
d) Neexecutarea obligatiilor de intretinere si reparatii care revin proprietarilor
potrivit legii, care afect. niv. de Q ;
e) Neconvocarea factorilor care trebuie sa participe la fazele determinante.

a) Lipsa nemotivata la verificarea lucr. ascunse la faze determ. (urmare a

convoc. facuta de exec.); convoc. nejustif.;
b) Nesolic. de catre investitor sau executant a solut. de remed. a defectelor
aparute in dec. exec., ref. la cerinte;
c) Neindepl. oblig. proiectantului de a stabili solutiile pentru remedierea
defectelor sesizate …. 150 - 300
d) Neaplicarea de catre executant a solutiilor stabilite de proiectant sau exp. pt.
rezolv. neconf./defectelor …
e) Nesesizarea IJC la aparitia accidentelor tehnice la constructii in executie sau
in exploatare;
f) Neindeplinirea la termen a masurilor stabilite in actele de control.