VPB in the Chambers Construction Law Global Practice Guide 2026

We are pleased to announce that the new edition of the international reference guide on construction and procurement law, “Construction Law Global Practice Guide 2026”, published by Chambers & Partners, is now available online. The Italian chapter of the Guide was authored by Edoardo Vassallo and Marco Bisceglia, partners at vpb studio legale associato, with the valuable contribution of colleagues Eleonora Favini and Camilla Nicoletti.

The guide, produced with contributions from experts around the world and edited by Peter Habraken of HabrakenRutten Advocaten, provides an up-to-date overview of the main regulatory aspects governing the sector:

• applicable law and standard contracts;
• roles and responsibilities of employers;
• contractors, subcontractors and financiers;
• permits and concessions;
• contract pricing;
• liability;
• risk management, insurance and guarantees;
• contract and claims management;
• penalties, remedies and damages;
• dispute resolution.

To download the Italian chapter of the guide (in English), click here.

The Guide offers a systematic and up-to-date analysis of the Italian regulatory framework governing construction law, covering both the private and public sectors. The analysis rests on five fundamental legislative pillars: the Civil Code (in particular the provisions on contracts for works under Articles 1655 et seq.), the Public Procurement Code (Legislative Decree 36/2023), the Consolidated Building Act (Presidential Decree 380/2001), the Consolidated Safety Act (Legislative Decree 81/2008), and the Environmental Code (Legislative Decree 152/2006).

The Guide first examines the parties involved in construction contracts — employer, contractor, subcontractors, financiers and designers — outlining their rights, obligations and mutual contractual relationships. Particular attention is devoted to the ten-year liability for ruin and serious defects under Article 1669 of the Civil Code, which is classified as a mandatory provision.

On the subject of price, the Guide distinguishes between lump-sum, remeasurement and mixed contracts, and explains the mandatory price revision mechanisms in public works (Article 60 of Legislative Decree 36/2023) as well as the practice of fixed and invariable pricing in private contracts, where waiver of Article 1664 of the Civil Code is common. The payment regime (advance payments, progress payments, final balance) and electronic invoicing are analysed with reference to the rules on late payment interest under Legislative Decree 231/2002.

From a temporal perspective, the document addresses work scheduling, delays, extensions of time, force majeure and unforeseen circumstances, highlighting the absence in Italian law of specific provisions on concurrent delay and disruption, which are consequently left to general principles of causation.

On liability, the Guide clarifies the mandatory limits set by Articles 1229 and 1341(2) of the Civil Code, the invalidity of clauses excluding liability for fraud or gross negligence, and the practice of contractual penalties and liability caps.

The document also covers guarantees, insurance (CAR/EAR policies, third-party and employer’s liability, ten-year latent defects insurance) and security instruments, distinguishing between regulatory obligations in public procurement and negotiated arrangements in the private sector.

Finally, the section on dispute resolution outlines the Italian multi-tier system: ordinary courts, administrative courts, arbitration (with the role of the ANAC Arbitration Chamber), the Technical Advisory Panel (Collegio Consultivo Tecnico), and civil mediation — noting that construction contracts do not, as a rule, fall within the scope of mandatory mediation.

The practical value of the Guide lies in its capacity to offer industry practitioners a unified and operational framework, specific to Italy, of the applicable rules, with concrete guidance on contractual clauses, risk allocation and protection strategies in a market characterised by the coexistence of mandatory public law regimes and private autonomy.