Rafforzare la figura del Contraente Generale per aumentare l’efficienza delle Stazioni Appaltanti Italiane nella gestione del processo edilizio

Ernesto Antonini; Aldo Norsa

doi:10.6092/issn.2036-1602/4059

Improve general contracting to strengthen the effectiveness of the italian public commissioning bodies in managing of the construction process

Authors

Ernesto Antonini University of Bologna
Born in 1959, Graduated in Architecture with distinction at IUAV, Venice (1984), PhD in Building Technologies at Rome University (1991), Registered Architect, he is Associated Professor of Technology for Architecture at Bologna University since 2005. From 1993 to 2001, he was the Head of R&D Dept. of Qua.S.Co. Bologna; from 1996 to 2004, he had been appointed as Professor of Technology for Architecture at IUAV, Venice.
Aldo Norsa Politecnico di Milano
Born in 1947, Architectural degree, Politecnico di Milano, Italy, (November 1970, Prof. Aldo Rossi), “Master of Architecture and Urban Planning”, Princeton University, Usa, (June 1973 – Prof. Stefanos Polyzoides), He is Professor of Architectural Technology at University Iuav of Venice, Member of the faculty committee for the PhD programme “Researches in Evaluation Techniques and Planning Economy”, University of Padova.

DOI:

https://doi.org/10.6092/issn.2036-1602/4059

Keywords:

client, contract law, international comparison, ppp (public-private partnership), procurement, project-construction-management

Abstract

The EU Directive 93/37 defined the “third kind” of tender procedures, that a public commissioning body may use to select a figure that is responsible for "the realization, by whatever means, of a work corresponding to the requirements specified by the contracting authority".
Italy has interpreted in an original way this tender procedure, introducing (through law 443/2001) the role of “contraente generale”.
The point is that the notion of “contraente generale” still remains controversial on the ground of international comparisons, especially in terms of risk allocation between public client and contractor.
The paper presents some results of a study on the Italian “contraente generale” scheme, compared with the procurement models as identified by the available international literature.
In conclusion, some recommendations are made for the adaptation of the Italian legislation, allowing to improve its compatibility with the ppp model generally adopted in Europe.

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Published

2013-10-17

How to Cite

Antonini, E., & Norsa, A. (2013). Improve general contracting to strengthen the effectiveness of the italian public commissioning bodies in managing of the construction process. IN_BO. Ricerche E Progetti Per Il Territorio, La Città E l’architettura, 4(2), 69–78. https://doi.org/10.6092/issn.2036-1602/4059

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Issue

Vol. 4 No. 2 (2013): CONSTRUCTION MANAGEMENT, special issue

Section

Architecture and research

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