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EXPORT & DIRITTO

Alessandra Lavino

Alessandra Lavino, avvocato, è Partner dello studio dal 2018 e svolge la sua attivi-
tà presso le sedi di Londra e Milano. Si è occupata di contrattualistica e pareristica nell’ambi-
to del Diritto del lavoro, per poi specializzarsi nel Diritto societario e nel Diritto internazionale privato.
E’ esperta nella redazione e negoziazione di contratti di fornitura e costruzione in ambito nazionale e
internazionale; ha una consolidata esperienza nella negoziazione e redazione di contratti di costruzio-
ne, contratti di engineering e project management nell’ambito degli appalti privati, nonché di contratti
EPC e vanta una profonda conoscenza della contrattualistica di matrice FIDIC e della relativa prassi.
Segue principalmente operazioni cross border nell’area anglosassone, dove ha acquisito una solida
esperienza assistendo diverse società.

International contracting and claims

management

The contract is the central element of every project activity. Contract management is becoming an inte-
gral 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 con-
tractual 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 com-
mencement of contract negotiations the essential information for the contract will be structured, anal-
ysed 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 imple-
mentation, 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, appoint-
ment 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 devel-
opment 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 im-
portant 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, and it should address the following issues.

96 96 Impiantistica Italiana - Maggio-Giugno 2022