Thomas Hamerl

Austria

• Representation of a tram supplier in a EUR 570 million procurement procedure for the supply and maintenance of 150 low-floor trams; assessment of old contracts and options.
• PPP Zwettl Bypass | Advising a successful sponsor consortium and a subcontractor in the tender process, negotiations with the contracting authority and banks including EIB; EUR 157 million PPP contract; construction contract and subcontracts, operation and maintenance contract, project financing and securities, SPV formation, merger control. Also acted as transaction counsel for the debt providers (incl. EIB) up to LAFO. Previously advised bidders in the similar PPP Mistelbach Bypass.
• Austrian contractor | Advised and represented in four public procurement and review proceedings for the remediation of contaminated sites in Vienna and Lower Austria.
• Austria’s leading tunnel safety specialist | Advisor in numerous contract award procedures, e.g., in a tunnel safety project and advice on motorway tunnels on the S10 and A23 in the project “Traffic Control Ardning”, Pfändertunnel and S6 “Niklasdorftunnel”. Also advised on construction contracts and other aspects of the PPP A5 “Nordautobahn”.
• Consortium of civil engineers | Successful representation in the review procedure on the contract “Local construction supervision A9 tunnel chain Klaus”. 
• Semmering Base Tunnel – Advising the successful Swiss-Austrian consortium in the award procedure | Advising on aspects of public procurement law and construction contracts for one of Austria’s largest railway tunnel projects (EUR 2.8 billion). Earlier, advising expropriated landowners on public procurement and environmental law in connection with the 5.3 million m3 landfill for the excavated tunnel material of the Semmering Base Tunnel.
• Other projects: renovation of the Austrian Parliament; Vienna Central Station; river dredging via the Danube; Innsbruck University Hospital; Vienna West Station; extension of the Vienna underground U2; Vienna Airport – Skylink Terminal; schools and kindergartens in Vienna and Styria; advising clients on the SV chip card; advising glaziers, plumbers and electricians in award procedures of the City of Vienna. 

Serbia

• Serbian Government & EBRD | International legal advisor on rewriting Serbia’s Concessions and PPP Law; ensuring full compliance with EU law and international standards; drafting the legislative materials and implementing legislation. Joint project between CMS Vienna, Belgrade and London.
  Croatia
• Monetisation of the Croatian motorway network | Advising a Canadian-Italian consortium in the procedure for the award of a 30- to 50-year concession worth approximately EUR 3 billion for the operation, maintenance and expansion of the Croatian motorway network (excluding 2 PPP sections): Procurement law, due diligence, concession agreement, construction and maintenance agreements, real estate law – together with CMS Zagreb.

Finland

• Motorway PPP E18, Finland | Advising an Austrian-Finnish sponsor consortium in a competitive dialogue on a DBFO PPP model for the extension of the Finnish E18 and the construction of a new section for EUR 650m (client Liikennevirasto) – with CMS London and a Finnish partner. 

Kosovo

• Contracting Authority in Kosovo – Motorway No. 6 | Contracting Authority’s advice on the EUR 660 million EBRD-funded contract for the design and construction of the Pristina – I Hani section of Motorway No. 6; FIDIC Silver Book contract, tender documents and procedures; together with CMS Tirana and CMS Cologne.  

Slovenia

• Austria’s leading tunnel safety provider | Advising in the Slovenian Tunnel Markowetz proceedings together with CMS Ljubljana.
• Basketball Stadium Novo Mesto, Slovenia | Advising/representing an Austrian construction company in the procedure for the award of a PPP project (competitive dialogue incl. functional specifications – total contractor award) on the construction, financing and operation or facility management of a sports hall for the organisation of the European Basketball Championship 2012. The client left the design of the services and the contracts almost entirely to the bidders.

Slovakia

• Electronic motorway toll | Advising an Italian-Austrian bidding consortium on PPP contract, public procurement law including review procedures, construction/maintenance/operation; administrative law, corporate law.
• Bidder consultation for the award of a construction lot for the S1 motorway.

Austria

• PPP School Campus Vienna | Advising a consortium of bidders on the award of planning, construction, financing and facility management of a new secondary school in Vienna (CapEx approx. EUR 25 million), subcontracts, mezzanine investor. 
• PPP Zwettl Bypass | Advising a successful sponsor consortium and a subcontractor in the tender process, negotiations with the contracting authority and banks including EIB; EUR 157 million PPP contract; construction contract and subcontracts, operation and maintenance contract, project financing and securities, SPV formation, merger control. Also acted as transaction counsel for the debt providers (incl. EIB) up to LAFO. Previously advised bidders in the similar PPP Mistelbach Bypass.
• PPP Ostregion | Advising a German-English bidding consortium on construction contract law, public procurement law and project financing issues concerning the motorway PPP on the A5.
• Semmering Base Tunnel – Advising the successful Swiss-Austrian consortium in the award procedure | Advising on aspects of public procurement law and construction contracts for one of Austria’s largest railway tunnel projects (EUR 2.8 billion). Previously, advising expropriated landowners on public procurement and environmental law in connection with the 5.3 million m3 landfill for the excavated tunnel material of the Semmering Base Tunnel.
• Permanent representation of an international retail chain in all lease-related matters.
• International retail chain – standard construction contract | Revision of the standard contract for construction and works based on ÖNORM B 2110, which was later used for a CEE-wide roll-out.
• Public baths | Representation of a German developer and general contractor in numerous disputes arising from two terminated projects: Warranty, damages, termination compensation, billing issues.
• Biomass Power Plant Italy | Representation of an Austrian general contractor in arbitration proceedings under Vienna Rules concerning installation works from an Italian power plant project.
• Standard works contract for small-scale PV systems | Advising an Austrian developer on drafting international standard terms and conditions for works contracts for small-scale PV systems.
• Due diligence reviews, e.g., on real estate and construction contracts concerning a manufacturer of water treatment plants or on construction contracts in the sales process of a wind farm or concerning a PV plant portfolio.

Bulgaria

• Bulgarian General Contractor – Biomass Power Plant BARO | Advising the GC on a FIDIC Silver Book based EPC contract and the technology supply contracts, operation and maintenance, securities towards the Czech investor CEZ. Joint project with CMS Sofia.

Kosovo

• Contracting Authority in Kosovo – Motorway No. 6 | Contracting Authority's advice on the EUR 660 million EBRD-funded contract for the design and construction of the Pristina - I Hani section of Motorway No. 6; FIDIC Silver Book contract, tender documents and procedures; together with CMS Tirana and CMS Cologne.

Croatia

• Koprivnici Biomass Power Plant | Advising a German-Israeli investor on the EPC contract under Austrian law for the planning and construction of a EUR 62 million EBRD-financed biomass power plant by Austrian general contractor.

Poland

• Polish mining company | Advising on supply and assembly contracts or EPC contracts, securities, claim management concerning three contracts of a Polish listed company under Austrian law.

Romania

• Romania's largest PV plant | advising Austrian developers and a construction company on the development, construction (FIDIC Silver Book contract), grid connection & operation of a PV (photovoltaic) power plant in Romania. The project documentation was compiled according to Austrian law. Regulatory issues and matters relating to property aspects handled by CMS Vienna jointly with CMS Bucharest.

Serbia

• E 75 motorway construction | Advising the Serbian motorway company on three EBRD-funded construction lots for the Beška Bridge over the Danube: ICC arbitration, advice on claim management, securities and other aspects of the construction contracts (FIDIC Yellow Book and Red Book contracts), insolvency law, project volume: ~ EUR 100m, a joint project between CMS Vienna, Belgrade and Munich.

Slovenia

• Conducting a due diligence review regarding the purchase of shares in a project company and legal advice on the development, construction and financing of a mixed-use project in the city centre of Ljubljana with a property used for flats and offices, a shopping mall and a parking deck.
• Specialist retail centre | advising an Austrian construction company and developer on the purchase, design, construction, financing and lease of a retail centre including a DIY market near Ljubljana, Slovenia, ongoing advice and finally re-utilisation.

Turkiye

• Turkish construction company – Kayas-Kirikkale Arasi (Kesim I) high speed railway project | advising a subcontractor specialised in complex reinforced concrete works on the supply, assembly and commissioning of mobile formwork construction machines from a Portuguese supplier.

Ukraine

• Advising an Austrian professional hotel and restaurant designer vis a vis the Ukrainian developer relating to a works contract under Austrian law for a hotel in the Ukraine.