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Real Estate & Construction

Italy

CMS AACS’s real estate practice, also through its network of European offices, provides advice on the transfer and lease (including financial issues) of residential and commercial real estate, in Italy and abroad. Besides drafting and negotiating contracts, our experience also includes performing due diligence reviews of commercial properties and, jointly with our tax department, preparing structures aiming at minimizing transfer and income taxes. The expertise developed by the firm over the years in drafting and negotiating construction and construction-related contracts, enables CMS AACS to deliver our clients - which include owners, operators to construction companies and sub-contractors - a full array of professional services. The long-established relationship with clients from various industries has allowed our lawyers to have a clear understanding of the different environmental issues that arise in connection with their activities.

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17/10/2019
Delay ana­lys­is un­der the mi­cro­scope: com­mon sense wins out over meth­od­o­logy
A de­cision of an Aus­trali­an court last month has con­sidered the evid­en­tial re­quire­ments for prov­ing delay claims in con­struc­tion dis­putes. The de­cision com­ments on the rel­ev­ance of the 2nd Edi­tion of the SCL Delay and Dis­rup­tion Pro­tocol and on two pop­u­lar.
11/10/2019
Quantum meruit claims after ter­min­a­tion: a chan­ging of the tide?
A de­cision of the Hight Court of Aus­tralia earli­er this week has held that resti­tu­tion­ary claims on a quantum meruit (i. e. reas­on­able price) basis by con­tract­ors after the ter­min­a­tion of a con­struc­tion con­tract can only be brought in lim­ited cir­cum­stances and.
03/10/2019
Use of Dis­pute Boards: one of FIDIC's five Golden Prin­ciples
FID­IC has re­cently pub­lished de­tailed guid­ance as to the five “Golden Prin­ciples” first in­cluded with the FID­IC 2017 suite of con­tracts. These prin­ciples seek to identi­fy lim­its to the types of amend­ments that can be made to a FID­IC stand­ard form con­tract if.
24/05/2019
FID­IC claims no­ti­fic­a­tion pro­vi­sions: Hong Kong High Court guid­ance
A re­cent de­cision of the Hong Kong High Court has con­sidered the ef­fect of claims no­ti­fic­a­tion pro­vi­sions which re­quire a con­tract­or to state the con­trac­tu­al basis of a claim. Such a re­quire­ment now forms part of the stand­ard FID­IC claims no­ti­fic­a­tion pro­ced­ure.
22/11/2018
New re­port | Con­nec­ted Fu­ture: in­vest­ment op­por­tun­it­ies in the rad­ic­ally...
Tech­no­logy-driv­en trans­form­a­tions are not only dis­rupt­ing our every­day lives, but are also rad­ic­ally trans­form­ing the in­fra­struc­ture sec­tor. On the one hand, in­nov­a­tion is driv­ing an up­grade of ex­ist­ing in­fra­struc­ture, such as di­git­al; on the oth­er hand, it.
06/06/2018
CMS - Fo­cus­ing on Funds
CMS - Fo­cus­ing on Funds  |  Double Trouble - France and Lux­em­bourg double tax treaty   This Fo­cus­ing on Funds up­date looks at a spe­cif­ic hot tax top­ic af­fect­ing how and where funds are struc­tured. In ad­di­tion to the in­creased gen­er­al fo­cus on dom­i­cili­ation.
24/05/2018
CMS Fo­cus­ing on Funds: GDPR – Are you ready?
What is GDPR? The GDPR will re­place much of the ex­ist­ing pri­vacy le­gis­la­tion across the EU (in­clud­ing in the UK, the Data Pro­tec­tion Act 1998). As an EU Reg­u­la­tion it will ap­ply across the EU. However, it also al­lows Mem­ber States to set their own rules in.