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EXPORT & REGOLE

alle esigenze di imprese ubicate in tutto il mondo. • La questione del pre-collaudo, ovvero la veri-
fica che l’impianto sia conforme al pattuito e
Obbligazioni del venditore, funzionante prima di essere smontato per l’in-
vio (a meno che il cliente non abbia anche il
consegna e conformità commissioning). Da notare che, solitamente,
al pre-collaudo si smobilita un’altra tranche di
Visto che, per impianti industriali, parliamo di con- pagamento (30/40% tipicamente).
tratti di notevole durata, è necessario valutare serie • L’esecuzione dl collaudo definitivo quando c’è
di importanti aspetti quali: spesso un’altra tranche di pagamento e, entro
La gestione di un anticipo spesso importante, in- un ulteriore lasso di tempo, il saldo totale. Le
torno al 30-40% del totale, per cui spesso è neces- procedure di verifica e collaudo devono es-
sario istruire delle garanzie a favore dell’acquirente. sere molto precise e prodotte da un tecnico

International contracting

and claims management

The contract is the central element of every project activity. Contract management is becoming an integral
part of project management, and business in general. Many commercial and project managers are more
and more facing contract management issues. For projects of all types different contracts will be structured,
negotiated, concluded and fulfilled. On the one side, we deal with the management of contractual
relationships, on the other with the contracts and their management. Contract Management is the
process of systematically and efficiently managing contract creation, execution and analysis for maximizing
operational and financial performance and minimizing risk. Contract management is based on service
modules and can be individually supplemented: commencement of contract negotiations, contract drafting,
contract negotiations and contract implementation.
Within the framework of the commencement of contract negotiations the essential information for the
contract will be structured, analysed and appraised, taking into account the suitable choice of business
operating mode. The necessary services participate in the selection of our potential contractual partner.

Contract drafting covers the configuration of the contractual relationship.
In terms of risk distribution, the contract- relevant factors will be analysed and appraised. Contract
negotiation should lead to the conclusion of a contract with a potential partner. During contract
implementation, there has to be monitoring of the fulfilment of the contract from the technical, timetabling,
manning or financial perspective and implementation of the necessary measures. In this way there is
accomplishment of on targeted compliance with the agreements and obligations in the contract. There
are several very typical and easily identifiable steps related to contract management development within a
company. The first step is simply to get the basic contract.
Project Contracts Management - This includes such things as a centralized contract repository, appointment
of person(s) responsible for each contract, a contract management handbook, company contract Templates
and defining required proactive alarms on the contracts.
The second step is to make the contracts “alive” – in other words, be part of the business. This covers
issues such as contract management process, deeper involvement of business units, use of contracts
in operations such as project management, and truly active use of contract management as a business
tool.
Finally, the third step in the process of contract management is the strategic step. As this level of
development is reached your organization is able to evaluate entire organizations’ contract and partnership
network from a strategic point of view. This final phase genuinely integrates contract management as a
valuable tool for long-term planning, strategy formulation, and strategy implementation. Before getting
started with contract management of projects, there are several considerations to be made. The most
important consideration is resource allocation. For a contract management project, as for any project, it
is essential to have top management commitment on resources, goals, and schedule. Another important
step is the nomination of project manager for contract management. Naturally, the goals and the schedule
should be in line with the resources as well as the other way around. Once these basic preparations have
been done, the project is set to get started. All contracts are predicated on the need to obtain management
commitment and approval at the appropriate level. This involves the formulation of a sound business case
aligned to the organization’s corporate and functional strategies. The business case sets out the policy,
business and contract objectives and the issues that affect the decision and the investment. It should seek
to establish that the proposed contract will meet the need that it is achievable and affordable.

40 Impiantistica Italiana - Gennaio-Febbraio 2023