Implications of Infrastructure Construction Contracts

The Conference referred to the research project developed by Freddy Cabarcas Gómez, as a student of the Masters in Civil Liability and Compensatory Damages at our House of Studies.

On December 5, 2017, the Center for Studies in Risk and Insurance held the last meeting of this year’s conference cycle, where national and international experts, students and graduates of the Department programs, discussed current issues relating to Integral Risk Management and Insurance.

The event focused on infrastructure construction contracts.  The speaker addressed issues such as unforeseen circumstances, the planning principle, information provided to the contractor, express stipulation of ground risk allocation, among others.

“Infrastructure construction contracts are inherently complex and customarily contain provisions on the allocation of the risk of higher costs for different terrain conditions,” he added.

The speaker made an explicit analysis of unforeseen circumstances, together with approaches to their assignment in the absence of express stipulations; on this, he cited the book “Tratado de Derecho Administrativo” written by Enrique Sayagues Laso.

“Unforeseen delays refer to unusual material circumstances that could not have reasonably been anticipated, and which are discovered during the performance of the construction or engineering contract, complicating or increasing compliance costs,” stated the speaker.

Additionally, and to contextualize the audience, the speaker mentioned three emblematic cases exemplifying the central theme of his research project, and highlighted a public works contract in Gibraltar (United Kingdom) to solve an airport runway problem, and also, works at the Panama Canal.

The lecturer is an Externado de Colombia Law graduate, with extensive experience in administrative and contractual processes. Additionally, he has a Specialization in State and International Contracting, a Master’s in Law with emphasis on Contractual and Non-Contractual, Civil, and State Responsibility. Currently, he is an independent consultant and University Professor.