Construction work on the A8 highway section connecting Iași to the border has been suspended by the Bucharest Court of Appeal after a legal challenge filed by rival bidders Construcții Erbașu and Concelex, according to court documents and official confirmations. The contract, valued at 3,57 miliarde de lei, was initially awarded to an Italian association comprising Itinera, Saipem, and ICM following a tender evaluation where the winning bid beat Erbașu by a margin of just 5,4 milioane de lei.
Court Suspension Sets Unprecedented Legal Precedent for Romanian Infrastructure
According to officials from the National Road Investment Company (CNIR) and the National Company for Road Infrastructure Administration (CNAIR), court-ordered suspensions on signed highway construction contracts are entirely unprecedented in Romania. The National Council for Solving Complaints (CNSC) initially rejected challenges from both Erbașu and Concelex, allowing CNIR to sign the contract with the Itinera-led association in late summer. However, the Bucharest Court of Appeal (CAB) subsequently admitted the complaints and suspended execution pending a final ruling set for September 30, disrupting a project schedule that originally anticipated design work beginning in August.
Antitrust Violations and Financial Sustainability Allegations Raised by Erbașu
In legal files analyzed by Libertatea, constructor Erbașu challenged the award by citing past regulatory penalties against the Italian winners. Erbașu stated that Itinera faced a 1.186.551 euro fine in Italy for an alleged secret anti-competitive agreement involving lot divisions during a procedure organized by Milano Serravalle. The Romanian constructor also pointed to overseas litigation involving Saipem regarding an Algerian project resulting in substantial financial penalties and damages, though Saipem countered by noting a 2020 final acquittal in a related Italian court proceeding. Furthermore, Erbașu questioned the execution timeline modifications and the financial sustainability of Itinera’s pricing, arguing that inadequate verification of local labor, logistics, and material access could trigger future delays.
Subcontractor Qualifications and Tunneling Criteria Challenged by Concelex
Concelex targeted specific technical parameters in the winning bid, specifically contesting the design experience claimed via subcontractor Tecnic Consulting, controlled by businessman Dan Stratan. According to Concelex filings, submitted invoices and subcontracting agreements do not sufficiently prove CNAIR-recognized status. The company also challenged compliance with tunneling criteria, which mandated proven experience on a gallery of at least 500 meters executed via underground excavation. Concelex argued that open-cut excavation methods fail to meet this specific technical threshold.
Itinera Alleges Bidder Coordination and Defends Preventive Action
In response to the challenges, Itinera filed a preventive appeal and alleged anti-competitive coordination between Erbașu and Concelex. The Italian association pointed to shared legal representation across different A8 sections, identical Gantt work schedules, and convergent technical explanations as evidence of non-independent conduct. While Itinera’s own preventive appeal was initially dismissed by CNSC for lack of interest, the Bucharest Court of Appeal subsequently ruled in Itinera’s favor, establishing that the preliminary challenge was admissible.
Did you know? The Iași – frontieră project represents a vital 15,5 km segment of the broader Târgu Mureș – Ungheni A8 highway, including the initial kilometers of rapid road infrastructure extending toward the Republic of Moldova.
Frequently Asked Questions
Why was the A8 Iași – frontieră contract suspended?
The Bucharest Court of Appeal suspended the contract execution after rival bidders Construcții Erbașu and Concelex successfully challenged the CNSC decision that had previously upheld the tender results won by Itinera.
What specific penalties were cited against the winning association?
According to court documents from Erbașu, Itinera faced a fine of 1.186.551 euro in Italy related to an antitrust procedure, while Saipem faced foreign litigation over an Algerian project that resulted in legal challenges settled through Italian court proceedings.
When will the next court hearing take place?
The Bucharest Court of Appeal scheduled the next hearing in the legal dispute for September 30.
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