Desafíos en la implementación de FIDIC debido a discrepancias entre los términos contractuales y la legislación local. Análisis comparativo.

Abstract

The purpose of a contract is to set out the rights, responsibilities and liabilities, of the parties and can be described as a “means toallocate risk between parties”. The main differences between the Spatial Development Act (SDA) in Bulgaria and the FIDIC contractual terms consist in the greater degree of universality of FIDIC and the greater specificity of the rules of the Bulgarian legislation. SDA focuses on the procedural side of the construction stages. The FIDIC contractual terms regulate the relationship between the Contractor and Employer, but do not prescribe the exact form of acts required during the construction process, as the SDA does. This paper synthesizes some specific positions that Bulgarian legislation introduces and the way it foresees mandatory judicial requirements regarding different aspects of the construction process in comparison to FIDIC contractual terms. An overview of the lack of clear view on the compatibility of the FIDIC mechanism with Bulgarian legislation is made, which creates serious uncertainties for domestic and foreign investors in Bulgaria.