PUBLIC CONTRACT LAW – EXTRAJUDICIAL
Public contract law has always represented the core business of the Studio. We assist the administrations from the phase of intervention planning and preparation of the tender documentation up to the conclusion of the agreement with the chosen contractor; alongside, we provide the Sole Project Manager and the Work Supervision until the work testing.
We assist private companies all the way regarding the public procurement, from their attending the tender, to the contradictory with the administration in the phase of tender evaluation, up to the conclusion of the agreement and its execution, with specific reference to the issues deriving from delayed payments as well. The reserve aspect is of particular relevance within the public work contracts, being a field in which the private companies benefit from the assistance of senior professionals, with over thirty years of experience.
We also deal with the pre-litigation and settlement procedures provided by the regulation regarding public contracts, following all procedures (requests for opinion, representations etc.) provided before the independent administrative Authorities (particularly the National Anti-corruption Authority and the Antitrust Authority).
PUBLIC CONTRACT LAW – CONTENTIOUS
The professionalism and the experience of our lawyers allow us to provide a qualified legal assistance, within public contract field, both in the administrative area – for the events arising in the tender and pre-participation phase – and in the civil law field, for any matter related to the execution phase of the contract. We follow the litigations of the field before any civil court (Court, Court of Appeal, Court of Cassation), administrative court (TAR – Regional Administrative Court -, State Council), special court (Regional and Superior Court of Public Waters), as well as before arbitration panels, both public and private, national and international. We assist our customers by the European Community (E.U. Court of Justice, EC Commission), but also within the procedures before the Independent Administrative Authorities, among which the National Anti-corruption Authority (e.g. the Authority for the Supervision of Public Contracts of Works, Services and Supplies) and the Antitrust Authority.
PUBLIC CONTRACT LAW – ANTI-CORRUPTION ETHICS
The Studio provides a range of complete services within the organization and control models and corporate liability (Decree Law 231/2001), from the legal assistance within the risk management and evaluation for the companies, to the prevention planning, as well as to the predisposition of Management and Control organization models and to the drafting of Ethical Codes and Disciplinary Codes, due also to the experience acquired with primary National Associations of the sort. The attention is particularly focused on indicating the correct procedures and measures for the prevention of corruption phenomena and of those of transparency violation and of contrast towards the recycling practices.
BUSINESS QUALIFICATION (SOA)
The Studio provides support for the issue of SOA qualification certification, assisting the certifying companies or bodies both in the requirement verification phase and during the procedures before the National Anti-corruption Authority and in case of litigation before judicial bodies.
The subject of business qualification is being followed for the service and supply contracts as well, the Studio dealing, more generally, with all the issues regarding the enrollment within registers and official lists of economic operators, in Italy and abroad. Moreover, a special attention is given to the Electronic Market of the Public Administration (M.E.P.A.) and to the applications of the business qualification matter within the respective field.
CONSORTIA, EEIG AND TEMPORARY COMPANY CLUSTERS
The Studio deals with the tools of collaboration between economic operators such as temporary clusters and business networks, consortia, even permanent, mixed companies and project companies.
Particularly, Piselli & Partners deals with the predisposition of internal regulations, shareholder agreements, general agreements, as well as with the correct management of the said relationships and with the potential conflicts between companies.
Also within the field of the collaboration between companies, other subcontract issues are being followed, referring as well to the profiles related to the anti-Mafia legislation and to the aspects related to the pooling.
PROJECT FINANCING, BUILDING LEASING AND CONCESSIONS
Considering the current economic context, the use of tools handling private capitals for the implementation of public works or of public utilities, is an activity that requires, besides the qualified legal experience, financial, tax and management competences as well.
From the distinctly multidisciplinary point of view, its peculiar feature, Piselli & Partners assists administrations and private operators already from the phase of intervention planning by choosing the most suitable procedure regarding the tender object and the mediated and immediate objectives of the involved subjects. Hence, it assists its customers within the delicate negotiations on the risk matrices, as well as in the tender phases and within the relationships with the financiers. It no less elaborates dedicated solutions for the entire contract package typical of the figures in question, such as supply contracts and contracts of procurement, collateral arrangements, company contracts, concession contracts and building and management contracts.
URBAN PLANNING, CONSTRUCTION, REAL ESTATE AND COMPULSORY PURCHASE PROCEDURES
Piselli & Partners provides qualified legal assistance in any field related to the territory transformation, use and discipline and to the urban regeneration, of both traditional and negotiated urban planning type (program agreements; urban conventions; s.t.u. – Urban Transformation Society -; real estate funds etc.); extrajudicial and judicial assistance regarding urban and territory planning, both general and implementation planning (detailed and parceling plans; plans for production facilities; public economic housing plan; urban requalification plan etc.); construction assistance within the procedures aimed at releasing building qualifications (building permits; commencement notice; commencement certified report; work commencement sworn notice pursuant to c.d. House Plan as well) and landscaping authorizations and no impediment in the field of cultural heritage; assistance against the construction sanctioning procedures ex art. 27 and ss. D.p.R. (Decree of the President of the Republic) no. 380/2001 and according to the related regional regulations (work suspension orders, demolition, restoration of the premises to their original condition, acquisitions etc.); judicial and extrajudicial assistance within the building amnesty procedures ex L. No. 47/85 and ss. and related regional regulations; extrajudicial and judicial assistance both within civil and administrative proceedings – within expropriation proceedings and within the judgments aimed at indemnity following the expropriation for the public utility.
ENVIRONMENT AND WASTE
Aware of the increasing national and international interest regarding the environmental issues and the waste management, the Studio provides qualified legal assistance in each area: full assistance within the procedures for obtaining the relative Authorizations (Environment Impact Evaluation, Strategic Environment Evaluation); assistance within extrajudicial litigations with private and public administrations; assistance during the visits of the various authorities involved; support activities for the interpretation and implementation of the regulation related to the right of access to environment information.
Within the waste field, assistance is provided in any phase, from planning, to entrusting and creation of any infrastructure necessary to the integrated cycle of waste, namely waste storage and disposal facilities and also to the construction of waste to energy plants.
COMPETITION AND REGULATED ACTIVITIES
The competition law has relevant reflections upon public contract law as well and that’s the reason why the Studio provides legal assistance for the antitrust regulation for national and international companies. Furthermore, the Studio assists its customers within the fields that benefit from special regulations such as telecommunications, energy, mail services, transport and financial markets. Assistance is also provided within the procedures before the national Authorities, as well as before the European Union’s bodies.
ENERGY AND ENERGY SAVING
Within the energy field, the Studio assists both public and private subjects for the industrial innovation projects for energy efficiency, the creation of the Energy Service Company (E.S.Co.), private or with public participation, the predisposition of the contracts of the E.S.Co, Energy Performance Contract (EPC), energy service contracts, third-party financing contracts (TPF), management of the energy efficiency certificates (EEC), bargaining on the industrial platform of the GME and bilateral trade, risk management, incentive system and tax relief analysis, construction and management concession contracts, project financing within the energy field, contracts regarding the “security package” of the operations, private and public work procurement contracts, contracts regarding the provision of technological services, project society establishment (Special Purpose Vehicole), energy sale and purchase contracts, metering, construction contracts, facility management and maintenance, subcontracts and design service contracts.
ADMINISTRATIVE AND ACCOUNTING LIABILITY AND LOSS OF REVENUE TO THE STATE
The legal Studio deals with all issues regarding both the profiles of administrative liability (for the damage caused to the public entity within or on the occasion of the office report) and the accounting liability that emerges if the civil servant or the private subjects who, using public money, have caused a loss of revenue to the State with intent or gross negligence.
The Studio provides assistance both within the procedures before the judicial panels of the Court of Auditors and the Superior Courts.
SPORT, TOURISM AND CULTURAL HERITAGE
The experience of the Partners allows the Studio to provide legal and tax services within the fields of sports, from the establishment to the management of the company, to the most complex issues related to the management of the rights of exploitation of personal images of athletes and clubs. It provides legal representation before the sports justice bodies.
The Studio provides, as well, legal and tax advice within the field of tourism, and particularly within the hotel domain.
The Studio provides judicial and extrajudicial legal assistance to private subjects within the cultural heritage field with reference to the historical-artistic and landscape constraints, to the exploitation of cultural heritage, archeological heritage, to the procedures aimed at verifying the cultural interest of the goods, to the authorization procedures for the construction interventions on safeguarded goods, to the mandatory reporting of trade, from the sale and purchase of cultural goods, to the expropriation of cultural goods for operating purposes or for archeological interest.
INTERNATIONALIZATION OF BUSINESS
Aware of the new market dynamics, aiming more and more at the territorial displacement of production and of the know-how, which currently characterizes also the tendencies of the Italian companies, the Studio provides to operators of all sizes advice for the internationalization of their own activity by means of: predisposition of internationalization project, tailor made in the country of interest of the company (Romania, Serbia, Croatia, Azerbaijan, Kazakhstan, Morocco, Algeria, Ghana); in loco assistance for company start-up, search of local partner, association and Joint venture establishment, local institutional relationships, attendance to tenders and personalized assistance for the execution and management phase of the various interventions, therein the international tax and fiscal assistance included.
INTERNATIONAL PROJECTS AND EU FUNDS
Since the access to capital is by now of utmost importance not only for the private subjects, no matter their size, but also for the public administrations, Piselli & Partners, taking advantage of the several decades of experience of its professionals, provides legal assistance aimed at identifying the tools and funds made available by national and international credit institutes for the carrying out of projects with high added value and for the intervention implementation and reporting.
TAX: NATIONAL AND INTERNATIONAL TAXATION SYSTEM
The Studio provides its own Customers with personalized services of tax and fiscal advice at national and international level and it also assists and represents residents and non-residents, in the pre-litigation stage before the Italian Tax Authorities and in the litigation stage before the Tax Commissions and the Court of Cassation, to the legal representation before the European Courts.
The international taxation planning is particularly important for the companies since these companies, operating at the same time in Italy and abroad, must identify the best paths aimed at optimizing their activities, the company development and results and they especially need the analysis and interpretation of the conventions against double taxation.