Public Procurement and Construction

The Italian laws applicable to public procurement contracts are complex. JMU provides counsel on all legal principles of the Codice degli Appalti (Decreto legislativo 163/2006), which includes the anti-mafia and anti-money laundering provisions, and the regulations concerning the so-called “settori speciali” (special sectors). We also coordinate all acts and documents necessary for the submission of tenders, as well as the creation of legal structures such as consortia, “riunioni temporanee di imprese” (temporary business ventures), and joint ventures, which are then used to fulfil all the organizational, technical, and financial conditions required by the contracting authorities.

Although the public procurement laws apply also to supply and services, we have developed a particular specialization in the works sector, for which proper legal assistance must include not only the examination, negotiation and drafting of the contractual documents, but also an almost daily relationship with the customer and the managers responsible within the public entities. Our regular assistance to developers for major infrastructure public projects, and the counsel we have provided for the construction of power plants and the development of commercial centres, allow us to comfortably provide a high quality service in the construction field, working in English or whatever language best serves our client.

REPRESENTATIVE MATTERS
  • Appointed as counsel by the general contractor for the construction of a high-speed railway junction and train station (regulated by the law 190/2002)
  • Retained for a hydraulic-adjustment works project in the Florence centre (regulated by the law 109/1994)
  • Providing counsel for the construction of a centre for the research, development and testing of railway cars (regulated by the legislative decree 158/1995)
  • Drafting a joint venture agreement to obtain and carry out civil and mechanical works in Kazakhstan
  • Negotiating and drafting agreements for the supply of equipment and civil works for a gas compression station in Libya
  • Advising foreign corporations with regard to development of a large commercial complex in central Italy
  • Assisting a foreign multinational entity for supplies to ENEL regulated by the “Settori Speciali”
  • Representing a leading Italian developer in an ICC international arbitration concerning the supply of a railway to a major Italian city

RELATED AREAS
LAWYERS
SEMINARS
  • 2006 Jacopo Monaci Naldini speaker at the congress organized by the International Association of Young Lawyers “Cross-border Investments in the Real Estate and Retail Sector”, Rome