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Portrait of Thomas Hamerl

Thomas Hamerl

Partner
Attorney-at-law for Infrastructure Projects & Public Private Partnerships

CMS Reich-Rohrwig Hainz
Rechtsanwälte GmbH
Gauermanngasse 2
1010 Vienna
Austria
Languages English, German
Infrastructure & Projects

Specialisation in infrastructure & projects

Thomas Hamerl is an attorney-at-law for infrastructure projects & public private partnerships and a leading expert in public procurement law as well as real estate & construction. He is a specialist for national and international construction projects, infrastructure and public private partnerships as well as energy projects. He has particular expertise in national and international construction contract law, public procurement law including concessions, infrastructure-oriented dispute resolution including litigation and arbitration, real estate and energy law.

Industries

Thomas Hamerl has experience in infrastructure projects for roads, railways, airports, hospitals, schools, waste collection and disposal, site remediation, power plants (PV, wind, biomass, water).

He has been working as a legal consultant for around 20 years and joined CMS in 2009. He brings to the consulting practice his experience as in-house counsel of an international construction group, where he was head of the legal department in Vienna and head of the group-wide “Legal Practice Group PPP”. Prior to that, he worked for renowned Viennese law firms in Austria and Central and Eastern Europe as well as for the European Commission in Brussels.

Publications and articles

Thomas Hamerl publishes on construction contract and public procurement law. He is the editor and author of the Handbook for International Construction Contracts and wrote the chapter for Austria in the 2015 PPP book Getting the Deal Through.

“Optimal legal project support is pragmatic and part of risk management. We try to integrate seamlessly into our client’s team and offer the ideal level of consulting for the project in question. This also includes regulatory advice (in particular licences and trade law) and support in the execution of orders (e.g. claim management), all from a single source. If differences of opinion or even disputes arise, we do not pass clients on to other departments, but also assist them before arbitrators, courts and tribunals.”

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Relevant experience

Austria

  • Supplier of tramway trains | advising a bidder in the EUR 570m procurement procedure of Wiener Linien (Vienna public transport) for supply and maintenance of 150 ultra-low floor trams; review of existing contracts and options.
  • PPP Zwettle Bypass | advising the successful sponsors´ consortium plus subcontractor STRABAG in the whole procurement procedure, negotiations with awarding authority and lenders incl. EIB; EUR 157m PPP contract; construction contract and subcontracts, operation & maintenance contract, project financing & securities, corporate, merger control; also acting as transaction counsel for the lenders incl. EIB to LAFO. Previously, advising bidders in the similar Mistelbach Bypass PPP. 
  • Austrian contractor – wind farm | advising a client on construction contract and finance matters incl. securities for the construction of wind turbines in Austria.
  • German/English sponsors' consortium – PPP Region East | advising a bidder in construction and procurement law matters as well as in project finance, in connection with the Austrian A5 motorway PPP in Region East.
  • Providing legal advice to an international financial institution relating to the financing/securities for the construction of the new main waste water and sludge treatment plant (including a waste to energy plant) in Vienna.
  • Austrian construction company – school and kindergarten PPP, Vienna | advising as in-house counsel regarding a PPP contract, construction and design contract, facility management and property matters for a newly-built school and kindergarten in Vienna.

Bulgaria

  • Bulgarian general contractor – BARO biomass power plant | advising the general contractor for an EPC FIDIC Silver Book contract during negotiations of EPC contract and related technology supply contracts, O&M, securities vis a vis Czech investor CEZ. Joint project with CMS Sofia.

Kosovo

  • Government of Kosovo | providing legal advice on the procurement of the EUR 660m EBRD-financed design and construction of motorway no. 6, Pristine – I Hani. Advising on FIDIC Silver Book construction contract, procurement procedure, project finance, together with CMS Tirana and CMS Cologne.

Serbia

  • Serbian Government & EBRD | acting as international legal advisor on drafting Serbia’s concession and PPP procurement legislation, safeguarding full EU law compliance, international standards and best practice, official commentary on the newly-enacted law on concessions; drafts for the contents of secondary legislation. Joint project with CMS Belgrade and CMS London.
  • Motorway construction | advising Serbian public authority –  on three EBRD-financed construction lots in relation to Beska-Bridge over the Danube River: ICC arbitration procedure, advice relating to claims management, securities and other matters of construction contracts (FIDIC Yellow Book and Red Book contracts), insolvency law, total project volume: ~ EUR 100m, a joint project of CMS Vienna, Belgrade and Munich.

Croatia

  • Monetisation of the Croatian motorway network | Advising a canadian/italian consortium in the procurement procedure for the award of a 30 – 50-year concession worth EUR 3bn for the operation and maintenance of the Croatian motorway network (except 2 PPP sections): procurement law, due diligence review, concession contract, construction & maintenance contracts, property – jointly with CMS Zagreb.
  • Biomass power plant in Koprivnici, Croatia | advising German/Israeli investors regarding design and construction of a EUR 62m biomass power plant, EPC contract (Austrian law) and EBRD project financing, general contractor was the Austrian company Andritz – jointly with CMS Zagreb.

Finland

  • E18 motorway PPP, Finland | advising a consortium of Austrian and Finnish sponsors in the competitive dialogue of a PPP model for the extension and construction of a section of Finland’s E18 motorway, a EUR 650m DBFO model (awarding authority: Liikene Virasto) togehter with CMS London and a finnish partner
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Memberships & Roles

  • ÖGEBAU (Austrian Society for Construction Law)
  • ArbAut (Austrian Arbitration Association)
  • Management Club
  • Club Cuvée
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Publications

  • ICLG, Construction and Engineering Contracts, Austria Chapter, 2017
  • Public Private Partnership, Getting the Deal Through, Austria Chapter. 2015
  • Hamerl, ICLG ‘Construction & Engineering Law 2016’ Guide, Austria Chapter, 2016.
  • Hamerl, Different Demand and New Legal Framework for Infrastructure PPPs in Austria, CEE Legal Matters, October 2015.
  • Hamerl, Is every breach of competition law a reason for exclusion?, ECJ C‑470/13, Generali-Providencia Biztosító Zrt, ZVB 2015/June.
  • Hamerl, Effects of the Reform of Austrian Civil Law Partnerships on Construction Consortia, RechtamBau.at 23.02.2015
  • Hamerl, Public-Private Partnerships, Austria chapter, Getting The Deal Through (2015)
  • Hamerl, in Weselik/Hamerl (ed) Handbook of the International Construction Contract, Linde (2014)
  • Hamerl/Elsner, No national minimum wages for services from other Member States, ECJ C-549/13, Bundesdruckerei vs Stadt Dortmund, ZVB 2014/145 (491)
  • Hamerl, Legal certainty and customers’ interests are no mandatory reasons in the public interest to justify a concession award without prior notice, ZVB 2014/145 (163)
  • Hamerl, Extension of Time in International Construction Contracts. The Race for Time and How to Dope Yourself, ZVB 2014/10 (35)
  • Hamerl, Insolvency of a Member in a Bidders' Consortium, CMS Newsletter 2013-04
  • Hamerl, Access to File in Public Procurement (Review) Procedures, blog.cms-rrh.com, 13.06.2013
  • Hamerl, Changes in Technical Industry Standards and Good Industry Practise – Who has to assume the risks of technological progress?, RechtamBau.at 14.05.2013
  • Hamerl, Access to File in Public Procurement (Review) Procedures, rechtambau.at 06.05.2013
  • Hamerl, ECJ – In-house procurement in cases of joint control over the awarding entity, ZVB 2013, 122
  • Hamerl, Scope and Limits of Requests for Clarification by Public Awarding Authorities During the Bid Assessment, CMS-Newsletter 2013-03
  • Hamerl, Spoilt for Choice – Are Several Main Bids / Alternatives / Variants Possible in Public Procurement?, rechtambau.at 19.12.2012
  • Hamerl, ECJ – Green Criteria and Social Aspects in Technical Specifications, remarks to ECJ C-368/10, ZVB 2012, 338 (342 - 344)
  • Hamerl, Is it a cause for exclusion or an irrelevant mistake if a bidder „accidently“ refers to its general terms of business?, rechtambau.at 17.07.2012
  • Hamerl, Often Heard but Rarely Tried: FIDIC-Construction Contracts, Immobilienmagazin 05.04.2012
  • Hamerl, Often Heard but Rarely Tried: FIDIC-Construction Contracts, blog.cms-rrh.com, 01.04.2012
  • Hamerl, The New Public Procurement Law – The New Horizontal EU Directive, rechtambau.at 15.03.2012
  • Hamerl, New Procurement Thresholds Since 1.1.2012, rechtambau.at 19.12.2011
  • Hamerl, Legal Navigator: New Concession Law in Serbia, wirtschaftsblatt 19.12.2011
  • Hamerl, Ban on Consortia of Civil Engineers and Construction Companies. But What Else?, rechtambau.at 14.11.2011
  • Hamerl, True Life, The Hidden Smoke Stack, rechtambau.at 30.09.2011
  • Hamerl, News on the Award of Concessions, rechtambau.at 30.09.2011
  • Hamerl/Famira, Going Private: Privatisation of Infrastructure Companies in Croatia, January 2011
  • Elsner/Hamerl, Bidder’s Declaration of Eligibility Causes Problems, Der Standard, print edition 19.05.2010
  • Hamerl, Real Estate Development Under Custody of Procurement Law, ZVB 2010/53
  • Hamerl, Submitting More Than One Bid in Procurement Procedures, Wirtschaftsblatt, print edition 30.06.2010
  • Hamerl, Lease of a Business or of Real Estate Space?, Immobilienmagazin 04/2010
  • Hamerl, Strict Protection of Workers at Austrian Construction Sites, Immobilienmagazin 04/2010
  • Hamerl, Why Purchasers of Real Estate Should Have a Short Memory, Immobilienmagazin 03/2010
  • Poloma/Hamerl, Cartels and Leniency, ICLG 2008
  • Hamerl, Withdrawal in sector procurement, ZVB 2007/43
  • Poloma/Hamerl, A Real Contender, Investors are setting their sights on Slovakia, IFLR Guide to Real Estate 2007
  • Hamerl/Siska, Safety with loopholes, DER STANDARD, Print-Ausgabe, 12.9.2007
  • Hamerl, BVA: Objections against hearing protocols, „removal of dangerous waste at Recycling Point Blumau“, RPA 2006, 39
  • Hamerl/Taborsky, BVA: compliance of technical tender documents „procurement of company cars 2004“, RPA 2005, 117
  • Hamerl, BVA: assesssing the particular professional suitability „Stone carving works at scientific laboratory buildings “, RPA 2004/378
  • Hamerl/Lansky, Limitations to the jurisdiction of the Austrian Procurement Review Authority. Chip-Card II, ecolex 2002/156
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Education

  • 1995 - Master in Law, University of Vienna
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Public Procurement

Specialisation in public procurement law

Thomas Hamerl is an attorney-at-law for public procurement law including concessions, public private partnerships (PPP), national and international construction projects and energy law. He has advised bidders and clients in numerous procurement procedures and represented them in well over one hundred review proceedings. These include infrastructure (roads, railways, airports, hospitals, waste collection and disposal, remediation, energy) as well as IT and medical product procurement.

Industries

Thomas Hamerl represents the interests of his clients before national and international courts as well as arbitration tribunals. He has been working as a legal advisor for around 20 years and joined CMS in 2009. He brings to the consulting practice his experience as in-house counsel of an international construction group, where he was head of the legal department in Vienna and head of the group-wide “Legal Practice Group PPP”. Prior to that, he worked for renowned Viennese law firms in Austria and Central and Eastern Europe as well as for the European Commission in Brussels.

Publications and articles

He regularly publishes on public procurement and construction contract law. He is editor and author of the Handbook for International Construction Contracts and wrote the chapter for Austria in the 2015 PPP book Getting the Deal Through.

“Optimal procurement advice should not start with the procurement procedure and nor should it end with the contract award. That is why we offer our clients regulatory advice (in particular permits and trade law) and support in the execution of contracts (e.g. construction contract law) from a single source. If differences of opinion or even disputes arise, we do not pass clients on to other departments, but also assist them before arbitrators, courts of law and tribunals.”

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Relevant experience

Austria

  • Representing a supplier of tramway trains | advising a bidder in a EUR 570m procurement procedure for supply and maintenance of 150 ultra-low floor trams; review of existing contracts and options.
  • PPP Zwettle Bypass | advising the successful sponsors´ consortium plus a subcontractor in the procurement procedure, negotiations with the awarding authority and lenders, incl. EIB; EUR 157m PPP contract; construction contract and subcontracts, operation & maintenance contract, project financing & securities, SPV (special purpose vehicle) formation, merger control. Also acting as transaction counsel for the lenders, incl. EIB to LAFO. Before, advising bidders in the similar Mistelbach Bypass PPP.
  • Advising and representing an Austrian construction company in four procurement procedures, including review procedures for the rehabilitation of hazardous waste sites in Vienna and Lower Austria.
  • Austria's leading tunnel safety provider | legal advisor in numerous procurement matters, including the tunnel safety project and advising with regards to tunnel projects on the S10 and A23 motorways, as well as the projects for “traffic control Ardning”, Pfändertunnel and S6 Niklasdorftunnel. Moreover, advising on construction contract and other various matters in relation to the A5 “Nordautobahn” PPP. 
  • Consortium of civil engineers | successfully advising in the procurement review procedure for the site supervision of the A9 motorway Klaus tunnels. 
  • Semmering Basis Tunnel successful Swiss/Austrian consortium for the public procurement procedure, advising on several issues of public procurement law, construction contracts, etc., for one of Austria’s largest railway tunnel projects with EUR 2.8bn. Prior to this, advising expropriated land owners on procurement and environmental matters concerning the 5.3m m3 landfill for the dredged material from tunnelling works of the project. 
  • Other projects: Austrian parliament renovation; Vienna Main Station; wet dredging works via the Danube River; University Hospital Innsbruck; Vienna West Station; extension of Vienna metro line U2; Vienna airport – Skylink terminal; schools and kindergardens in Vienna and Styria; advising on public authority social insurance chip card; advising glaziers, plumbers and electricians during public procurements with City of Vienna

Serbia

  • Serbian government & EBRD | acting as international legal advisor on drafting Serbia’s concession and PPP procurement legislation; safeguarding of full EU law and international standards compliance; drafting legislative materials and the contents of secondary legislation. Joint project of CMS Vienna, Belgrade and London.

Croatia

  • Monetisation of the Croatian motorway network | advising the bidders' italian/croatian consortium in the procurement procedure for the award of a 30 – 50-year concession worth approx. EUR 3bn for the operation, maintenance and expansion of the Croatian motorway network (except 2 PPP sections): procurement law, due diligence review, concession contract, construction & maintenance contracts, property matters – together with CMS Zagreb.

Finland

  • E18 motorway PPP, Finland | advising a consortium of Austrian and Finnish sponsors in the competitive negotiations for a DBFO PPP model for the extension and construction of a section of Finland’s E18 motorway, a EUR 650m project.

Kosovo

  • Motorway no. 6 | providing legal advice on the procurement of the EUR 660m EBRD-financed design and construction of motorway no. 6, Pristina - I Hani section; advising on FIDIC (International Federation of Consulting Engineers) Silver Book construction contract, procurement documentation and procedure; joint project with CMS Tirana and CMS Cologne.

Slovenia

  • Austria's leading tunnel safety company | advising in procurement procedures for the Slovenian Markowetz tunnel project; joint project with CMS Ljubljana.
  • Novo Mesto basketball stadium, Slovenia | advising / representing an Austrian building company in the procurement procedure in the award of a PPP (competitive negotiations incl. functional description of scope of works – total contractor award) for construction, financing, operation and facility management of a sports centre for the 2012 European Basketball Championships. The awarding authority left the definition of the scope of works as well as the drafting of the contracts almost exclusively to the bidders.

Slovakia

  • Electronic motorway toll system | Advising an italian/austrian bidders’ consortium relating to a PPP contract, procurement including review procedures, construction / maintenance / operation; regulatory, corporate law matters.
  • Advising a bidder in the award of a construction lot for the S1 express way.
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Memberships & Roles

  • ÖGEBAU (Austrian Society for Construction Law)
  • ArbAut (Austrian Arbitration Association)
  • Management Club
  • Club Cuvée
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Publications

  • ICLG, Construction and Engineering Contracts, Austria Chapter, 2017
  • Public Private Partnership, Getting the Deal Through, Austria Chapter, 2015
  • Hamerl, ICLG ‘Construction & Engineering Law 2016’ Guide, Austria Chapter, 2016.
  • Hamerl, Different Demand and New Legal Framework for Infrastructure PPPs in Austria, CEE Legal Matters, October 2015.
  • Hamerl, Is every breach of competition law a reason for exclusion?, ECJ C‑470/13, Generali-Providencia Biztosító Zrt, ZVB 2015/June.
  • Hamerl, Effects of the Reform of Austrian Civil Law Partnerships on Construction Consortia, RechtamBau.at 23.02.2015
  • Hamerl, Public-Private Partnerships, Austria chapter, Getting The Deal Through (2015)
  • Hamerl, in Weselik/Hamerl (ed) Handbook of the International Construction Contract, Linde (2014)
  • Hamerl/Elsner, No national minimum wages for services from other Member States, ECJ C-549/13, Bundesdruckerei vs Stadt Dortmund, ZVB 2014/145 (491)
  • Hamerl, Legal certainty and customers’ interests are no mandatory reasons in the public interest to justify a concession award without prior notice, ZVB 2014/145 (163)
  • Hamerl, Extension of Time in International Construction Contracts. The Race for Time and How to Dope Yourself, ZVB 2014/10 (35)
  • Hamerl, Insolvency of a Member in a Bidders' Consortium, CMS Newsletter 2013-04
  • Hamerl, Access to File in Public Procurement (Review) Procedures, blog.cms-rrh.com, 13.06.2013
  • Hamerl, Changes in Technical Industry Standards and Good Industry Practise – Who has to assume the risks of technological progress?, RechtamBau.at 14.05.2013
  • Hamerl, Access to File in Public Procurement (Review) Procedures, rechtambau.at 06.05.2013
  • Hamerl, ECJ – In-house procurement in cases of joint control over the awarding entity, ZVB 2013, 122
  • Hamerl, Scope and Limits of Requests for Clarification by Public Awarding Authorities During the Bid Assessment, CMS-Newsletter 2013-03
  • Hamerl, Spoilt for Choice – Are Several Main Bids / Alternatives / Variants Possible in Public Procurement?, rechtambau.at 19.12.2012
  • Hamerl, ECJ – Green Criteria and Social Aspects in Technical Specifications, remarks to ECJ C-368/10, ZVB 2012, 338 (342 - 344)
  • Hamerl, Is it a cause for exclusion or an irrelevant mistake if a bidder „accidently“ refers to its general terms of business?, rechtambau.at 17.07.2012
  • Hamerl, Often Heard but Rarely Tried: FIDIC-Construction Contracts, Immobilienmagazin 05.04.2012
  • Hamerl, Often Heard but Rarely Tried: FIDIC-Construction Contracts, blog.cms-rrh.com, 01.04.2012
  • Hamerl, The New Public Procurement Law – The New Horizontal EU Directive, rechtambau.at 15.03.2012
  • Hamerl, New Procurement Thresholds Since 1.1.2012, rechtambau.at 19.12.2011
  • Hamerl, Legal Navigator: New Concession Law in Serbia, wirtschaftsblatt 19.12.2011
  • Hamerl, Ban on Consortia of Civil Engineers and Construction Companies. But What Else?, rechtambau.at 14.11.2011
  • Hamerl, True Life, The Hidden Smoke Stack, rechtambau.at 30.09.2011
  • Hamerl, News on the Award of Concessions, rechtambau.at 30.09.2011
  • Hamerl/Famira, Going Private: Privatisation of Infrastructure Companies in Croatia, January 2011
  • Elsner/Hamerl, Bidder’s Declaration of Eligibility Causes Problems, Der Standard, print edition 19.05.2010
  • Hamerl, Real Estate Development Under Custody of Procurement Law, ZVB 2010/53
  • Hamerl, Submitting More Than One Bid in Procurement Procedures, Wirtschaftsblatt, print edition 30.06.2010
  • Hamerl, Lease of a Business or of Real Estate Space?, Immobilienmagazin 04/2010
  • Hamerl, Strict Protection of Workers at Austrian Construction Sites, Immobilienmagazin 04/2010
  • Hamerl, Why Purchasers of Real Estate Should Have a Short Memory, Immobilienmagazin 03/2010
  • Poloma/Hamerl, Cartels and Leniency, ICLG 2008
  • Hamerl, Withdrawal in sector procurement, ZVB 2007/43
  • Poloma/Hamerl, A Real Contender, Investors are setting their sights on Slovakia, IFLR Guide to Real Estate 2007
  • Hamerl/Siska, Safety with loopholes, DER STANDARD, Print-Ausgabe, 12.9.2007
  • Hamerl, BVA: Objections against hearing protocols, „removal of dangerous waste at Recycling Point Blumau“, RPA 2006, 39
  • Hamerl/Taborsky, BVA: compliance of technical tender documents „procurement of company cars 2004“, RPA 2005, 117
  • Hamerl, BVA: assesssing the particular professional suitability „Stone carving works at scientific laboratory buildings “, RPA 2004/378
  • Hamerl/Lansky, Limitations to the jurisdiction of the Austrian Procurement Review Authority. Chip-Card II, ecolex 2002/156
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Education

  • 1995 - Master in Law, University of Vienna
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Real Estate & Construction

Specialisation real estate & construction industry

Thomas Hamerl is a specialist for national and international construction projects, infrastructure and Public Private Partnerships (PPP) as well as energy projects. He has particular expertise in national and international construction contract law, public procurement law including concessions, infrastructure-oriented dispute resolution including litigation and arbitration, real estate and energy law.

Industries

He has experience in infrastructure projects for roads, railways, airports, hospitals, schools, waste collection and disposal, site remediation, power plants (PV, wind, biomass, water).

Thomas Hamerl has been working as a legal consultant for around 20 years, joining CMS in 2009. He brings to the consulting practice his experience as in-house counsel of an international construction group, where he was head of the legal department in Vienna and head of the group-wide “Legal Practice Group PPP”. Prior to that, he worked for renowned Viennese law firms in Austria and Central and Eastern Europe as well as for the European Commission in Brussels.

Publications and articles

He publishes on construction contract law and public procurement law. He is editor and author of the Handbook for International Construction Contracts and wrote the chapter for Austria in the PPP book "Getting the Deal Through" 2015.

“Optimal legal project support is pragmatic and part of risk management. We try to integrate seamlessly into our clients’ team and offer the ideal level of consulting for the project in question. This also includes regulatory advice (in particular licences and trade law) and support in the execution of orders (e.g. claim management) from a single source. If differences of opinion or even disputes arise, we do not pass clients on to other departments, but also assist them before arbitrators, courts and arbitration tribunals.”

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Relevant experience

Austria

  • PPP Schul-Campus Vienna | advising of bidder consortium for contracting the planning, development, financing and facility management of a school in Vienna (capex aprox. 25 Mio.), subcontracts, mezzanine-investor
  • PPP Zwettl Bypass | advising the successful sponsors´ consortium plus a subcontractor in the entire procurement procedure, negotiations with awarding authority and lenders incl. EIB; EUR 157m PPP-contract; construction contract and subcontracts, operation and maintenance contract, project financing & securities, SPV (special purpose vehicle) formation, merger control. Also acting as transaction counsel for the lenders incl. EIB to LAFO. Before, advising bidders in the similar Mistelbach Bypass PPP.
  • German/English sponsors' consortium – PPP Region East | advising a bidder in construction and procurement law matters as well as in project financing of the motorway PPP on Austria's A5 motorway.
  • Successful Swiss/Austrian consortium for the public procurement procedure for the Semmering Base Tunnel / advising on several issues of public procurement law, construction contracts, etc., regarding one of Austria’s largest railway tunnel projects, the EUR 2.8bn Semmering Base Tunnel. Prior to this, advising expropriated land owners on procurement and environmental matters concerning the 5.3m m3 landfill for the dredged material from tunnelling works of the Semmering Base Tunnel.
  • Ongoing representation for an international retail chain in all lease matters.
  • International retail chain – standard works contract | reworking of their standard works and services contract, based on the Austrian B2110 standard, for subsequent CEE-wide rollout.
  • Public spas | representing a German general contractor and developer of spas in several litigations resulting from two terminated projects: warranty issues, compensation of damages, termination compensation, invoicing matters
  • Austrian general contractor for a biomass plant in Italy | representing the client in arbitration proceedings under Vienna rules concerning installation works in an Italian power plant.
  • Standard works contract for small PV plants | advising an Austrian developer and contractor in the development of international standard terms for works contracts for small PV plants.
  • Due diligence review, e.g. in property & construction contracts relating to a supplier and engineering company for water treatment plants, or construction contracts relating to the sale of a wind park and PV facilities portfolio.

Bulgaria

  • BARO biomass power plant | advising the general contractor on an FIDIC Silver Book-based EPC (Engineering Procurement Construction) contract and related technology supply contracts, O&M and securities vis a vis the Czech investor CEZ. Joint project with CMS Sofia.

Kosovo

  • Awarding authority in Kosovo - motorway no. 6 | providing legal advice on the procurement of the EUR 660m EBRD-financed design and construction of motorway no. 6, Pristina - I Hani section; advising on FIDIC Silver Book construction contract, procurement documentation and procedure; joint project with CMS Tirana and CMS Cologne.

Croatia

  • Biomass power plant in Koprivnici | advising the German/Israeli investor on the EPC contract under Austrian law for the design and construction of a EUR 62m biomass power plant with EBRD project financing, general contractor was an Austrian company.

Poland

  • Polish mining company | Advice on matters of engineering and construction and EPC contracts, securities and claims management in relation to three projects 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

  • Motorway construction E-75 | advising Serbian public authority on three EBRD-financed construction lots in relation to Beska-Bridge over the River Danube: ICC arbitration procedure, advising on claims management, securities and other matters of construction contracts (FIDIC Yellow Book and Red Book contracts), insolvency law, total project volume: ~ EUR 100m, a joint project of 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.

Turkey

  • 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.
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Memberships & Roles

  • ÖGEBAU (Austrian Society for Construction Law)
  • ArbAut (Austrian Arbitration Association)
  • Management Club
  • Club Cuvée
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Publications

  • ICLG, Construction and Engineering Contracts, Austria Chapter, 2017
  • Public Private Partnership, Getting the Deal Through, Austria Chapter, 2015
  • Hamerl, ICLG ‘Construction & Engineering Law 2016’ Guide, Austria Chapter, 2016.
  • Hamerl, Different Demand and New Legal Framework for Infrastructure PPPs in Austria, CEE Legal Matters, October 2015.
  • Hamerl, Is every breach of competition law a reason for exclusion?, ECJ C‑470/13, Generali-Providencia Biztosító Zrt, ZVB 2015/June.
  • Hamerl, Effects of the Reform of Austrian Civil Law Partnerships on Construction Consortia, RechtamBau.at 23.02.2015
  • Hamerl, Public-Private Partnerships, Austria chapter, Getting The Deal Through (2015)
  • Hamerl, in Weselik/Hamerl (ed) Handbook of the International Construction Contract, Linde (2014)
  • Hamerl/Elsner, No national minimum wages for services from other Member States, ECJ C-549/13, Bundesdruckerei vs Stadt Dortmund, ZVB 2014/145 (491)
  • Hamerl, Legal certainty and customers’ interests are no mandatory reasons in the public interest to justify a concession award without prior notice, ZVB 2014/145 (163)
  • Hamerl, Extension of Time in International Construction Contracts. The Race for Time and How to Dope Yourself, ZVB 2014/10 (35)
  • Hamerl, Insolvency of a Member in a Bidders' Consortium, CMS Newsletter 2013-04
  • Hamerl, Access to File in Public Procurement (Review) Procedures, blog.cms-rrh.com, 13.06.2013
  • Hamerl, Changes in Technical Industry Standards and Good Industry Practise – Who has to assume the risks of technological progress?, RechtamBau.at 14.05.2013
  • Hamerl, Access to File in Public Procurement (Review) Procedures, rechtambau.at 06.05.2013
  • Hamerl, ECJ – In-house procurement in cases of joint control over the awarding entity, ZVB 2013, 122
  • Hamerl, Scope and Limits of Requests for Clarification by Public Awarding Authorities During the Bid Assessment, CMS-Newsletter 2013-03
  • Hamerl, Spoilt for Choice – Are Several Main Bids / Alternatives / Variants Possible in Public Procurement?, rechtambau.at 19.12.2012
  • Hamerl, ECJ – Green Criteria and Social Aspects in Technical Specifications, remarks to ECJ C-368/10, ZVB 2012, 338 (342 - 344)
  • Hamerl, Is it a cause for exclusion or an irrelevant mistake if a bidder „accidently“ refers to its general terms of business?, rechtambau.at 17.07.2012
  • Hamerl, Often Heard but Rarely Tried: FIDIC-Construction Contracts, Immobilienmagazin 05.04.201
  • Hamerl, Often Heard but Rarely Tried: FIDIC-Construction Contracts, blog.cms-rrh.com, 01.04.2012
  • Hamerl, The New Public Procurement Law – The New Horizontal EU Directive, rechtambau.at 15.03.2012
  • Hamerl, New Procurement Thresholds Since 1.1.2012, rechtambau.at 19.12.2011
  • Hamerl, Legal Navigator: New Concession Law in Serbia, wirtschaftsblatt 19.12.2011
  • Hamerl, Ban on Consortia of Civil Engineers and Construction Companies. But What Else?, rechtambau.at 14.11.2011
  • Hamerl, True Life, The Hidden Smoke Stack, rechtambau.at 30.09.2011
  • Hamerl, News on the Award of Concessions, rechtambau.at 30.09.2011
  • Hamerl/Famira, Going Private: Privatisation of Infrastructure Companies in Croatia, January 2011
  • Elsner/Hamerl, Bidder’s Declaration of Eligibility Causes Problems, Der Standard, print edition 19.05.2010
  • Hamerl, Real Estate Development Under Custody of Procurement Law, ZVB 2010/53
  • Hamerl, Submitting More Than One Bid in Procurement Procedures, Wirtschaftsblatt, print edition 30.06.2010
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Education

  • 1995 - Master in Law, University of Vienna
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CMS Ver­gabeportal

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23/06/2022
Hy­dro­gen – dream fuel or just a lot of hot air?
Hy­dro­gen is in­creas­ingly seen as one of the key drivers of the en­ergy trans­ition. Every day brings news about co­oper­a­tion agree­ments, start-ups, new tech­no­lo­gies, in­fra­struc­ture pro­jects, stor­age solu­tions...
18/05/2022
On-site power solu­tions
A guide for large en­ergy users Across Europe there is a clear and con­sist­ent trend for large scale com­mer­cial and in­dus­tri­al users of elec­tri­city ad­opt­ing on-site power solu­tions. This is the res­ult of a range of factors, in­clud­ing:re­new­able on-site gen­er­a­tion be­ing one of the most clear-cut ways to help “green” a site’s elec­tri­city sup­ply and help the com­mer­cial/in­dus­tri­al user achieve their cli­mate change tar­gets;on-site power solu­tions hav­ing the abil­ity to provide re­si­li­ence of elec­tri­city sup­ply dur­ing times of sys­tem out­age or con­straint;avoid­ance of the net­work and policy charges typ­ic­ally as­so­ci­ated with elec­tri­city taken from the grid; an­dthe com­mer­cial op­por­tun­it­ies from lever­aging flex­ible on-site power solu­tions to re­duce con­sump­tion from the grid and/or to ex­port elec­tri­city onto the grid.However, while such op­por­tun­it­ies mean that on-site power solu­tions are of­ten an at­tract­ive op­tion, on-site pro­jects will gen­er­ally come with a com­plex ar­ray of leg­al op­tions and con­sid­er­a­tions. These range from:the fun­da­ment­al point that such pro­jects in­her­ently in­volve par­ti­cip­a­tion in a typ­ic­ally heav­ily-reg­u­lated arena (and of­ten the back­drop of a set of reg­u­la­tions rap­idly evolving to keep pace with the sec­tor), toa range of pro­ject/agree­ment struc­tures and parties (without a “cook­ie cut­ter” ap­proach) in­volved in pro­ject own­er­ship, op­er­a­tion and elec­tri­city sale and pur­chase, with sig­ni­fic­ant co-de­pend­ence between such parties, toa gov­ern­ment policy con­text that (while at face value of­ten pro-green) is of­ten in­creas­ingly con­cerned about grid and policy charges be­ing avoided through these types of pro­ject and wishes to see all mar­ket par­ti­cipants pay­ing a per­ceived fair share of such costs. In this guide we provide an over­view of these chal­lenges and op­por­tun­it­ies in Europe, with a view to as­sist­ing you in re­view­ing, up­front, the key is­sues of­ten as­so­ci­ated with on-site power solu­tions of this nature. 
24/02/2022
Pro­spects for in­stall­a­tion and util­iz­a­tion of rooftop sol­ar photo­vol­ta­ics...
CMS Guide
31/01/2022
Time for trans­ition: En­ergy M&A 2022
While world lead­ers have been gath­er­ing for COP meet­ings for dec­ades, what made COP26 per­haps par­tic­u­larly not­able is that the private sec­tor also gathered in force, and with a com­mit­ment and de­term­in­a­tion to be a key driver in the de­car­bon­isa­tion of the world’s eco­nom­ies.  In pre­vi­ous years, there have been mur­mur­ings from vari­ous cor­por­ates that to make so­cial or en­vir­on­ment­ally driv­en in­vest­ment de­cisions may not align with their fi­du­ciary duty to act in the in­terests of share­hold­ers. As share­hold­er act­iv­ism has driv­en the de­bate in­to board­rooms from above, this at­ti­tude is rap­idly re­vers­ing dir­ec­tion. While re­turns are gen­er­ally seen as lower in the clean sec­tor com­pared to, say, the oil & gas sec­tor, be­ing in­ves­ted in the green trans­ition is in­creas­ingly seen as a key route to pre­serving and pro­tect­ing share­hold­er value. At the same time, vol­un­tary and man­dat­ory cli­mate re­lated dis­clos­ures are align­ing the drivers for in­vestors across the board so that cap­it­al is in­creas­ingly driv­en by the met­rics they pro­duce.  This is be­ing re­flec­ted in, among oth­er things, the plum­met­ing cost of cap­it­al for green in­vest­ments. At the same time high car­bon in­tens­ive in­vest­ments, such as coal based pro­jects and busi­nesses, are strug­gling to se­cure fund­ing, with many fa­cing in­solv­ency. In­vest­ments in the en­ergy trans­ition, a key part of the green trans­ition, will prin­cip­ally take the form of M&A. The out­come of COP26 and the mo­mentum it has gen­er­ated means that European deal­makers in the en­ergy sec­tor will be even busier in 2022. Europe leads the world in the en­ergy trans­ition and the race to net zero is driv­ing near-re­cord levels of deal­mak­ing – not­ably in wind and sol­ar photo­vol­ta­ic gen­er­a­tion.At the same time, the en­ergy trans­ition is both ex­pand­ing and frag­ment­ing the en­ergy sec­tor. For many, it has tra­di­tion­ally been fo­cused on en­ergy gen­er­a­tion. The trans­ition is bring­ing to the fore less vis­ible tech­no­lo­gies. Everything from tra­di­tion­al hy­dro­power to grid-scale bat­ter­ies, elec­tri­fic­a­tion of trans­port and hy­dro­gen. It is also bring­ing in­to the mix sec­tors that have not tra­di­tion­ally been fo­cused on en­ergy, such as in­dus­tri­al de­car­bon­isa­tion, ship­ping and min­ing for the nat­ur­al re­sources needed for the en­ergy trans­ition. In par­al­lel with this, there is a huge and grow­ing story around en­ergy trans­mis­sion and dis­tri­bu­tion. Elec­tri­city net­works will need to ex­pand massively to fa­cil­it­ate elec­tri­fic­a­tion and new tech­no­lo­gies. They are also be­com­ing smarter with the use of di­git­al tech­no­logy to op­tim­ise the way power is dis­trib­uted, traded and con­sumed. Fur­ther, new types of net­works may provide in­vest­ment op­por­tun­it­ies for those look­ing for stable long term as­sets, such as hy­dro­gen and car­bon net­works.Against this back­ground, tra­di­tion­al fossil fuel-based play­ers are de­car­bon­ising their op­er­a­tions. For the oil and gas ma­jors, this means ac­quir­ing or sig­ni­fic­antly en­han­cing their cap­ab­il­it­ies in re­new­ables, in­clud­ing wind, sol­ar and hy­dro­gen, while sim­ul­tan­eously di­vest­ing se­lec­ted car­bon-in­tens­ive as­sets in re­sponse to mount­ing ESG pres­sures. This may be one of the reas­ons why 50% of re­spond­ents in our study point to dis­tress-driv­en deals as a top sell-side driver.Change is en­dem­ic in the en­ergy sec­tor, but the cur­rent trans­ition makes the years since lib­er­al­isa­tion of en­ergy mar­kets in the late 1980s seem al­most steady-state in com­par­is­on. Des­pite the mo­mentum and push for cap­it­al to be in­ves­ted in the en­ergy trans­ition, there re­main obstacles, not least the lim­ited pipeline of good qual­ity in­vest­ment op­por­tun­it­ies, con­tinu­ing con­cerns over lock­downs and COV­ID-19 vari­ants, fin­an­cing dif­fi­culties arising from po­ten­tially un­stable long term rev­en­ue streams and di­min­ish­ing rates of re­turn. Not­with­stand­ing these chal­lenges, our study finds that en­ergy sec­tor M&A will in­creas­ingly be an en­gine driv­ing cap­it­al in­to pro­pos­i­tions that match so­cial and polit­ic­al am­bi­tions for the green trans­ition. Key find­ings  En­ergy re­mains a premi­um as­set class for most in­sti­tu­tion­al in­vestors, with its per­form­ance dur­ing the pan­dem­ic and im­petus from COP26 fur­ther en­han­cing its at­tract­ive­ness75% of en­ergy com­pan­ies are con­sid­er­ing an ac­quis­i­tion and/or di­vest­ment in 2022Along­side premi­um as­sets, in some sub­sect­ors there are un­der­val­ued tar­gets driv­ing buy-side activ­ity, with sellers shed­ding dis­tressed as­sets as the sec­tor shifts in re­sponse to the en­ergy trans­ition45% think COV­ID-19 will be a ma­jor M&A obstacle in 2022, but this re­mains a flu­id situ­ation that can change rap­idly
01/12/2021
CMS Pub­lic Pro­cure­ment Con­tact Card
World-class pub­lic pro­cure­ment spe­cial­ists The qual­ity of pub­lic ser­vices is in­creas­ingly de­term­ined by world-class skills in pub­lic pro­cure­ment. The pro­cure­ment re­gime ap­plies not only to the pub­lic...
08/09/2021
New rules for a pub­lic char­ging point re­gister in Aus­tria
Pub­lished in CEE Leg­al Mat­ter­sThe in­creas­ing use of elec­tric vehicles (EVs) in Aus­tria means the sup­port­ing in­fra­struc­ture re­quires con­stant de­vel­op­ment. The Aus­tri­an fed­er­al gov­ern­ment pro­gram 2020-2024 en­vis­ages ex­pand­ing the Aus­tri­an net­work of char­ging points for al­tern­at­ive fuels as an es­sen­tial pil­lar of its drive to­wards im­ple­ment­ing sus­tain­able mo­bil­ity solu­tions. In Septem­ber 2020, the Aus­tri­an gov­ern­ment fol­lowed through with its agenda by pro­pos­ing the Aus­tri­an Re­new­able En­ergy Ex­pan­sion Act (Erneuerbar­en- Aus­bau-Ge­setz, EAG), which in­cludes an amend­ment of the Aus­tri­an Act on Uni­form Stand­ards for Al­tern­at­ive Fuels In­fra­struc­ture De­vel­op­ments (Bundes­ge­setz zur Festle­gung ein­heit­lich­er Stand­ards beim In­frastruk­turauf­bau für al­tern­at­ive Kraft­stoffe, BGFS). You can find the full art­icle in the down­load sec­tion.
07/06/2021
CMS Sus­tain­able Busi­ness Talk
June 7 marks the first CMS Sus­tain­ab­il­ity Day. Dur­ing this im­port­ant day-long cel­eb­ra­tion of the com­mit­ment CMS is mak­ing to be the most sus­tain­able glob­al law firm, CMS will be host­ing a series of cli­ent...
15/04/2021
Law and reg­u­la­tion of con­sequen­tial dam­ages clauses in the en­ergy sec­tor...
1. Do the words “con­sequen­tial loss” have a giv­en mean­ing in law? The word­ing “con­sequen­tial loss” it­self does not ex­pli­citly ex­ist un­der Aus­tri­an law. Nev­er­the­less, Aus­tri­an law uses the concept...
01/04/2021
Up­date on the Re­new­able En­ergy Ex­pan­sion Act
In March 2021, the gov­ern­ment presen­ted its fi­nal ver­sion of the Re­new­able En­ergy Ex­pan­sion Act (Erneuerbar­en-Aus­bau-Ge­setz, "REEA") aimed at re­shap­ing the Aus­tri­an leg­al frame­work on re­new­able en­ergy...
08/10/2020
CMS ad­vises GREEN SOURCE on fin­an­cing the con­struc­tion of photo­vol­ta­ic...
CMS ad­vised GREEN SOURCE GmbH and its sub­si­di­ary Sol­ar Part­ners on the fin­an­cing of a power plant con­struc­tion pro­ject in Hun­gary in the field of re­new­able en­ergy. Des­pite the ad­di­tion­al chal­lenges arising...
07/07/2020
Build­ing law and reg­u­la­tion in Aus­tria dur­ing Cov­id-19
Up­dated on 14.04.2020 1. Is there con­struc­tion-rel­ev­ant COV­ID-19 reg­u­la­tion? There is no COV­ID-19 law or reg­u­la­tion in Aus­tria which ex­clus­ively ap­plies to the con­struc­tion in­dustry. However, five pack­ages...
14/05/2020
In­solv­en­cies in the con­struc­tion in­dustry as a res­ult of COV­ID-19
The COV­ID-19 pan­dem­ic is lead­ing to ma­jor eco­nom­ic chal­lenges world­wide. In Aus­tria, too, com­pan­ies in key sec­tors such as the con­struc­tion in­dustry have been strongly af­fected by the crisis. Many com­pan­ies...