For many years, the Firm has been advising contractors and consultants, in Italy and abroad, with regard to complex public construction works and infrastructure projects such as the construction of undergrounds, railways, highways and motorways, dams and power stations, health campuses, mining or plants.
The Firm advises businesses and consultants throughout all phases of the implementation of infrastructure projects.
In particular, the Firm advises clients with regard to the administration of public procurement procedures (analysis of the tender documents, assessment of the requirements to the competitive tenders, drafting and negotiation of joint venture agreements, subcontract agreements and consortia agreements) and the undersigning of work contracts, as well as in relation to claims and litigation with contracting authorities, sub-contractors and any other individual or entity involved in the projects.
The ever-changing legal framework at national, European and international level requires continuing professional education for lawyers. Professionals of the Firm’s Construction Law team are involved in extensive academic activities with Italian and foreign Universities and Training Centers.
The firm has also acquired extensive experience in the field of private construction projects, in particular with regard to the development of shopping centres and residential real estates. Within this field, the Firm regularly advises clients in drafting and reviewing construction contract (also adapting internationally accepted standard forms of contract such as FIDIC, JCT and ICE to the Italian law), in the planning procedures and in handling the related claims and disputes.
The Firm has acquired a substantial experience with the International Financial Institutions policies and projects financed by multilateral or bilateral finance providers. The above enables the Firm to provide assistance to domestic businesses working or intending to work on projects abroad. The Firm is a FIDIC Affiliate Member and a full member of DRBF and all professionals in the Construction team have a deep knowledge of contracts drafted in accordance with the FIDIC standards and related practice.
The firm also gathered a vast experience in the field of project finance transactions in various countries. Professionals of the Construction law team were extensively involved in project finance deals in Italy and in several other countries (China, Turkey, Sierra Leone, Uganda, Morocco, Brazil and Argentina).
The Firm has recently assisted:
- One of the largest Italian general contractors in a PPP project in Turkey, consisting in the construction and operation of a health campus in Gaziantep. The transaction involved the construction of a 540,000-square-meter hospital in the southeastern Turkish city of Gaziantep combined with the supply of certain services on a PPP basis.
- One of the most important Italian general contractors in a major infrastructure project in Poland that comprised the construction of a highway and related infrastructures.
- One of the largest Italian general contractors in a major infrastructure project in France, valued approximately € 1 billion, which included the construction of an underground urban railway and related infrastructures.
- A major Italian general contractor in an infrastructure project in Serbia, consisting in the reconstruction, rehabilitation and modernization of a railway line. The Firm assisted the contractor in the definition of the main contract conditions and currently provides its assistance in the drafting of the general subcontract conditions, under the terms of the FIDIC rules, as well as of the Contractor’s supply contracts.
- A major Italian general contractor in an infrastructure project in Egypt consisting in the renewal of a railways track. The Firm assisted the contractor in preparing and managing, under the FIDIC terms, certain claims vis-à-vis the employer due to delays, contract administration problems and other issues that adversely affected the project’s cost and schedule. Furthermore, the Firm assisted the contractor in negotiating a protocol to the main contract for the extension of the relevant scope of work.
- A major Italian general contractor in an infrastructure project in Croatia for a railways track renewal. The assistance included the drafting of conditions for subcontract forms under the FIDIC terms and continuous advice in relation to legal issues arising out during the works implementation.
- An Italian company part of a world leading real estate development group in relation to the setting up of the largest shopping centre in Europe on an area of 170 thousand square meters close to Milan. The shopping centre will be established with hundreds of stores of luxury and medium-high standard. The Firm is also preparing (based on certain standard contracts currently used by the Client in the United Kingdom) a suite of contracts to be employed for the envisaged design and construction activities of the project.
- A pool of renowned Italian and international architects and engineers, led by a US-based, world famous architecture and design firm, in connection with the joint participation to a public tender procedure for a major project consisting in the design, construction and operation, on a project finance basis, of a health campus in Italy over a surface of 30 hectares. The assistance comprised advice on Italian public procurement rules, the drafting of the consortium agreement and ancillary regulations for the joint participation of the architect and engineer firm, as well as the negotiation of the design agreement with the design&build consortium as employer.
- A company belonging to a French-based group that designs and manufactures turnkey industrial solutions with high technological content, in the management of a contract for the design, production and commissioning of an industrial waste treatment plant in Italy. The assistance involved the perusal of the contract with the employer, the Consortium agreements and related ancillary agreements and the resolutions of the Consortium management boards, as well as the drafting and negotiating of claims and advices on insolvency law matters.
- A leading Italian railway and civil works contractor in the review and update of its sub-contract, supply, services, consultancy and design forms of contracts, in compliance with Italian public contracts, health&safety and environmental legislation.
- A major Italian railway company in disputes with its sub-contractors in relation to civil engineering and railway works in the center of Italy; the activity involved the analysis and evaluation of the nature of the contractual relationships among the parties pursuant to Italian Public Contracts rules.
- A glass industry leading company in the negotiation of a contract for engineering, procurement, delivery, installation and commissioning of a container glass production plant in an African country. The activity implied the negotiation and review of both the Contract Agreement and the Particular Conditions under a FIDIC model contract for EPC/Turnkey projects (“Silver Book”) and advices on a wide range of issues vis-à-vis the Employer and with regard to certain requirements of the final client.