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1
artículo
This article examines in particular which are the risks inherent in any construction project, and from them, explains the risk assignment method used in traditional construction contracts, noting that it does not adequately solve the allocation of risks and attribution of blame, making construction projects more expensive. In response to how to face these difficulties, this paper studied the collaborative contracts, their common elements, classes and the way in which risks are distributed, making a detailed analysis of the collaborative contract par excellence, that is, the alliancing or Integrated Project Delivery, to finish carrying out a particular examination of how risk assignment is treated in standardized international construction contractual models, such as FIDIC, NEC and FAC-1 contracts.
2
artículo
Publicado 2023
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As a result of the exposition that Government-to-Govermnet contracts entered into by different Peruvian entities are acquiring, through which a foreign State has been providing specialized technical assistance to the Peruvian State for the execution of important infrastructure projects, such as the Pan American Games, the works of the Reconstruction with Changes, the Chinchero International Airport, the bicentennial schools; the Peruvian State has been seeking the implementation of the different tools used in the execution of these projects in the Peruvian Procurement regulations. Among these tools, one of the most famous in recent years is the international construction standard contracts.Thus, there are already national regulations that collect these contract models and make them available to certain entities to be used for the execution of infrastructure projects. Likewise, the latest...
3
artículo
Publicado 2019
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One of the most important aspects of construction projects are their variations. These are situations that generate a series of negative consequences for those involved and constitute the breeding ground for claims and controversies, are inevitable in the construction industry. In the present article we will analyze two fundamental questions about variations: their conceptual delimitation and its causes. In general terms, we believe that a better understanding of the phenomenon will allow providing adequate and coherent solutions to the problem. The importance of this article derives from the vacuum at the legislative, doctrinal and jurisprudential levels in Peru. In effect, the regulation of the work contract contained in the Civil Code does not devote an organic treatment to variations. However, certain provisions of the mentioned normative body (as well as others included in se...
4
artículo
Publicado 2020
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In this paper, the author identifies the legal devices within the Peruvian legal system that allow the acceptance of a claim and acceptance for loss of productivity or disruptions in public construction contract, under the Public Procurement Law. This, in the framework of an arbitration in which a party is a Public Administration Entity. For this, the author makes a roadmap of a claim for loss of productivity, what is disruption, what is not disruption, how to properly quantify it and, finally, what legal tools of our legal system allow its acceptance.
5
artículo
Publicado 2020
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In recent years, in Latin America, reference has been frequently made to “collaborative” contracts. However, there is no common understanding of what this term means and the relevant international discussion and development. This article seeks to establish the framework of the discussion on alternatives available to increase productivity in the construction industry and how this has led to seeing the contract as a useful tool to promote said process.
6
artículo
Publicado 2023
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The purpose of this paper is to address a first approach to the execution of construction supervision contracts in public projects in Peru mains issues and challenges faced in the execution of construction supervision contracts, signed under Peruvian regulations for quality control and technical support in the contractual management of the construction of public works under the regime general and/or in the execution of concession contracts. Given the importance of these contracts in the development at the engineering or construction stage of an infrastructure investment project, their regulation, and the correct understanding of the nature of the provision of these specialized services is the central object of the present article. We briefly analyze the background of the figure of the “work supervisor” in Peruvian regulations, to identify its purpose and its scope in public work...
7
artículo
Publicado 2023
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This work addresses, from a legal perspective, a legal remedy specific to construction contracts that has significant practical applicability in contemporary projects: the back charge. Despite its importance, the understanding of the back charge as a contractual instrument and as a private legal remedy is still quite limited, resulting in significant gaps in legal knowledge on the subject in Peru and, in general, in civil law jurisdictions.In light of this reality, this legal research article proposes a basic configuration of the back charge, its concept, characteristics, and standard operation, as well as its main practical and dysfunctional aspects. It also examines whether the Peruvian Civil Code recognizes any similar legal remedy. Furthermore, guidelines are outlined for the balanced incorporation of this concept into contemporary construction contracts.To achieve these purposes, th...
8
artículo
Publicado 2020
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The institution of force majeure in regard with the Covid-19 pandemic is analyzed, emphasizing in a methodology to analysis and identify the affectation in deferred execution contracts, especially construction contracts. There is a firmly necessity to consider each one of the contractual duties and obligations, as well as the casuistically definition about a genuine unreached contract execution or only a greater difficulty of its accomplishment, examining in this last event the facts related to the agreed diligence standard. Under this last point of view, the article analyzes whether it is allowed for one of counterparts to exclude some part of contract´s object due to excessive onerousness or difficulty of supervening compliance. The pertinence of contract`s breach exception is matter of review, concluding that it`s not always forceable in case of non-satisfaction of proposed and ...
9
artículo
Publicado 2015
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The author explains what «diligent bidder» means during bidding processes. First, he starts analyzing some civil law matters as due diligence and compliance with obligations. Then, he states his position about whether the consultation during bidding processes is a right or an obligation for the bidder, and under what conditions it would work. Furthermore, he explains the relevance of identifying strict liability on developing the technical file to set the compensation of damages. Finally, the author offers some cases to determine when contractors are «diligent bidders» and when they are not. He points out that when contractors are «diligent bidders», the owner must take full responsibility; on the other hand, when they are not «diligent bidders» and they partially caused the damage, the judge or the arbitrator should reduce the compensation.
10
artículo
Publicado 2015
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The main objective of this work is to demonstrate that the Legal Contract —a legal instrument, essential to our existence— as an institution of Civil Law, that enjoys all budgets to be considered as a Scientific Act, based on its features, its importance on the society and on the systematic and methodical evolution preceding to numerous studies that lead to determine principles and theories objectively supported.To demonstrate this proposal, is necessary the support of epistemology, philosophy, history, anthropology, sociology and comparative law in order to obtain a modest theoretical construction of its scientific line.
11
artículo
Publicado 2020
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One of the key factors to improve the competitiveness of a country is the development of public infrastructure, which promotes growth and allows its sustainability, but its execution must be planned and adapted to current and future needs in order to provide quality to a growing universe of users. The State-to-State contracting mechanism provides us with an additional alternative for the timely execution of public investment projects. It will be the responsibility of the State to correctly manage its use so that the solution does not become a problem.
12
artículo
Publicado 2020
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The research work was carried out with the information and evaluation of executed contracts for the execution of works in the Sanitation Services Provider Entity (EPS TACNA SA) Period 2012 - 2018, this investigation has the purpose of design a contract management model to improve the project management in sanitation works in the EPS TACNA SA; During this period of execution of works by CONTRACT MODE we have been able to see an innumerable numbers of queries, contradictions, omissions, negligence; having to be acquitted by the Supervision or directly by the Project Consultant. This confusing project generates risks in the projects executed by EPS Tacna SA, which in many cases cause the investments to be affected by paralyzes, unjustified delays finally in arbitration and this implies that they do not maintain their investment cycle and therefore loss of entity. FIDIC (International Federa...
13
artículo
Publicado 2020
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The research work was carried out with the information and evaluation of executed contracts for the execution of works in the Sanitation Services Provider Entity (EPS TACNA SA) Period 2012 - 2018, this investigation has the purpose of design a contract management model to improve the project management in sanitation works in the EPS TACNA SA; During this period of execution of works by CONTRACT MODE we have been able to see an innumerable numbers of queries, contradictions, omissions, negligence; having to be acquitted by the Supervision or directly by the Project Consultant. This confusing project generates risks in the projects executed by EPS Tacna SA, which in many cases cause the investments to be affected by paralyzes, unjustified delays finally in arbitration and this implies that they do not maintain their investment cycle and therefore loss of entity. FIDIC (International Federa...
14
artículo
Publicado 2020
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The research work was carried out with the information and evaluation of executed contracts for the execution of works in the Sanitation Services Provider Entity (EPS TACNA SA) Period 2012 - 2018, this investigation has the purpose of design a contract management model to improve the project management in sanitation works in the EPS TACNA SA; During this period of execution of works by CONTRACT MODE we have been able to see an innumerable numbers of queries, contradictions, omissions, negligence; having to be acquitted by the Supervision or directly by the Project Consultant. This confusing project generates risks in the projects executed by EPS Tacna SA, which in many cases cause the investments to be affected by paralyzes, unjustified delays finally in arbitration and this implies that they do not maintain their investment cycle and therefore loss of entity. FIDIC (International Federa...
15
artículo
Publicado 2023
Enlace
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As a result of the exposition that Government-to-Govermnet contracts entered into by different Peruvian entities are acquiring, through which a foreign State has been providing specialized technical assistance to the Peruvian State for the execution of important infrastructure projects, such as the Pan American Games, the works of the Reconstruction with Changes, the Chinchero International Airport, the bicentennial schools; the Peruvian State has been seeking the implementation of the different tools used in the execution of these projects in the Peruvian Procurement regulations. Among these tools, one of the most famous in recent years is the international construction standard contracts. Thus, there are already national regulations that collect these contract models and make them available to certain entities to be used for the execution of infrastructure projects. Likewise, the lates...
16
artículo
Publicado 2020
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The doctrine of good faith is not part of the general English law of contract and has a very limited role in the legal framework that applies to commercial relationships, including construction contracts. That position however has been slowly changing and this paper examines how the concept of good faith has been developing in English law and the legal basis on which it has been introduced, including the recent acceptance by the English courts of the concept of relational contracts. This is relevant in particular to construction law because there has been a growing emphasis in the UK on the use of collaborative contracts (such as partnering and alliancing contracts), which seek to put more emphasis on the wider relationship between the parties and not just the strict legal obligations expressly provided for in the contract. This paper therefore also looks at whether the changing approach...
17
artículo
The purpose of this article is to check the main results of the method that allows the construction of a relative projective resolution of an S-module N given in appendix A of the article [1], and to show an application of this method.It is achieve to show the usefulness of the method, and to put in relevance that the relative projective resolution obtained with the method is comparable to the bar resolution of an algebra because it is provided with chain contracting homotopy.
18
tesis de grado
Publicado 2017
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El presente trabajo profesional tiene por finalidad mostrar el proceso de costeo que brinda servicios de ingeniería y construcción para el sector minero, pero no por ello exclusivo de dicho sector.
19
artículo
Publicado 2020
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This paper proposes the elaboration and application of a protocol of collaborative management within the current legal framework for public works in Peru, in order to expedite the execution and achievement of projects. For this purpose, firstly, it is necessary to analyze what collaborative approach means within the construction industry and why it is necessary for public works based on industry’s best practices. Secondly, to identify challenges on the application of a collaborative approach and tools from the public procurement law that enable this approach. Finally, this paper shares recommendations and conclusions to take into consideration for the elaboration and application of this model.
20
artículo
Publicado 2014
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A partir de la teoría de la función social de los derechos, el autor aborda el trasfondo jurídico de la expropiación como figura que limita el ejercicio de la propiedad en beneficio de otros derechos de carácter social. Para ello, analiza los diferentes tipos garantías a favor de los propietarios de bienes que pueden ser objeto de una medida expropiatoria, así como los principales elementos inherentes a esta figura jurídica de naturaleza constitucional.
