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Luca Sommariva

Partner
+39.02.3030.291
Fax +39.02.3030.2933
+44.(0)20.7360.8172
Fax +44.(0)20.7648.9001

Luca Sommariva is a partner in the firm’s Milan office, where he is a member of the Construction and Infrastructure practice group. Luca’s practice focuses in international and domestic construction projects, advising employers, architects/engineers, contractors and sub-contractors in:

  • negotiating and drafting a broad variety of construction-related contracts;
  • managing claims for extra time and/or extra costs during the performance of the works; and
  • representing clients in highly complex disputes.

 

Professional Background

Prior to joining the firm, Mr. Sommariva was a partner in the Milan office of an Italian law firm.

In 2003 Luca attended the Program on Negotiation at Harvard Law School, Cambridge, MA, and earned a Master of Laws degree (LL.M.) in International Legal Studies at Georgetown University, Washington, D.C.

He graduated from the University of Genoa in 1997 (score: 110 out of 110), and he was admitted to the Italian Bar in 2001.

He is member of the Society for Construction Law and the International Construction Law Association and he is registered as European Lawyer at the Solicitor Regulation Authority.

Speaking Engagements

  • Society of Construction Law for Africa, International Construction Law Conference, Cape Town, October 27-28, 2016, “FEED Endorsement: is it really binding?”
  • Since 2017 he is visiting lecturer with the University of Stuttgart - Master of Business Engineer program “International Construction: Practice and Law”.
  • Between 2007 and 2011 he was visiting lecturer in Corporate Law at the Faculty of Business and Economy of the University of Bergamo.

Energy projects:

  • advising the contractor in respect of an EPC project for a thermoelectric plant (58 MW) in the Plurinational State of Bolivia (*)
  • advising the contractor in respect of an EPC project for a waste to energy plant (40 MW) in UK (*)
  • advising the member of a JV, acting as an EPC contractor, in a 1 bl. USD project for a power plant (1,6 GW) in the UAE (*)
  • advising the contractor in respect of an EPC project for a thermoelectric plant (10 MW) in UK (*)
  • advising the contractor in respect of an EPC project for a thermoelectric plant (60 MW) in Italy (*)
  • advising the contractor in respect of an EPC project for a solar park (200 MW) in India (*)
  • assisting an EPC contractor in a dispute arising during the warranty period of a power plant (345 MW) in Romania (*)
  • advising the contractor in respect of an EPC project for a solar park (57 MW) in the Dominican Republic (*)
  • advising the contractor in respect of an EPC project for a thermoelectric plant (600 MW) in South Africa (*)
  • advising the contractor in a dispute over a biogas power plant (1,8 MW) in Israel (*)
  • advising the employer in respect to the construction of a waste management plant in Italy (*)

Other Engineering / Infrastructural projects:

  • acting for the contractor in an investment dispute arising from a project for the deepening and broadening of the Suez Canal, Egypt (**)
  • advising the contractor in a dispute over a glass production plant in Iran (*)
  • assistance to the contractor in an EPC project for the construction of 25 high-speed trains in Italy (*)
  • advising the employer in the procurement process in a project for the construction of a glass production plant in Italy (*)
  • representing the contractor in a dispute arising from the construction of a harbor in Zanzibar (**)
  • assisting the employer in relation to the construction of a cruise ship in Italy (*)
  • acting on behalf of the employer in a D&B project for the construction of a cement production plant in Italy (*)
  • assistance to the contractor in an EPC project for the construction of 200 low-speed trains in Italy (*)

Buildings:

  • assisting the employer in a project for the construction of a 30-storey building in the Russian Federation (*)
  • advising the contractor in the revamping of a 10-storey hotel in the United Kingdom (*)
  • assisting employers and contractors in a number of projects for the construction of residential and business premises in Italy (*) 
  • assisting the contractor in an insurance claim in relation to a resort in Zanzibar (*)
  • acting on behalf of the employer in a project for the construction of a shopping mall in Italy (*)
  • providing advice to the contractor in a project for the construction of a logistic hub in Italy (*)
    ______________________
    (*) Leader of the legal team
    (**) Member of the legal team

Main activities:

  • negotiating and drafting LOIs, contracts, collateral contracts, performance guarantees & bonds, insurance policies
  • assisting employers and contractors in the tender/bidding phase
  • contract management in the interest of contractors and employers
  • preparing, drafting, submitting and negotiating claims for disruption, delay, extension of time, acceleration costs, prolongation costs, extra costs, variations, defects, unforeseeable ground conditions, force majeure and other excusable/compensation events under the applicable contract and law provisions
  • supporting planners and experts in carrying out delay and acceleration analysis
  • supporting quantum experts and technical consultants in charge of assessing defects and non-performance
  • assisting employers and contractors in testing and handover phases
  • acting in disputes regarding application of L/Ds and penalties and acting in urgent proceedings before domestic courts to prevent the owner from calling bonds
  • acting for employers in professional negligence proceedings against architects, engineers and contract administrators
  • acting in joint venture disputes
  • - managing contractor’s insolvency

Types of contracts:

  • Build
  • Design & Build
  • EPC
  • EPCM/ O&M
  • R&D
  • FIDIC Red, Silver and Yellow Books
  • Lump Sum, Unit Price, Guaranteed Maximum, Cost plus fixed %, Cost plus fixed fee, Cost plus variable %, Target estimate, etc.

Disputes expertise:

  • Arbitration proceedings before the main international arbitration institutions (ICC, LCIA, ICSID, ad hoc arbitral tribunals)
  • Litigation before Italian and foreign courts (with the support of domestic lawyers)
  • Mediation, DAB and DRB proceedings

Country-wise experience:

  • Italy, UK, Romania, Russian Federation, India, Israel, UAE, Egypt, South Africa, Tanzania, Dominican Republic, Bolivia.