Estrategia de revisión para interventorías, de las condiciones técnicas en contratos de APP de infraestructura vial, para identificar los riesgos imprevisibles y anticipar reclamaciones

Abstract

Road concession contracts under the Public-Private Partnership (PPP) model are a great success both nationally and internationally. This success is due to the fact that a large part of the risks are transferred from the public to the private sector, which considerably reduces the expenditure of the treasury. However, in contrast, poor identification, allocation and distribution of these risks can lead to claims arising during the execution of the contract. These claims are generally due to economic imbalances that the parties must reconcile. One of the tools for this purpose is unpredictability, since these imbalances are often caused by unforeseen situations that arise during the execution of the contract. The financial controller has a vital role since, having knowledge of the established risks, the contractual obligations, the possible alerts and the principles of unforeseeability, he can seek agreements in anticipation of onerous legal proceedings.