The Premier Hannibal Torres The week before, the Government indicated the intention of the Government to include in the State Contracting Law a clause of “express resolution” of full right to resolve contracts and continue the works if the contractors do not comply.
“If the contractor fails to comply, the contract is automatically terminated, the work is settled until that moment and then the execution continues through the mechanisms of the law, regardless of whether the contractor follows an arbitration award or judicial process,” he noted.
According to Carlos González Prada, principal associate of Philippi Prietocarrizosa Ferrero DU & Uría, assuming that it is a resolution for noncompliance by the contractor, this is already foreseen in the regulation of the law provided that the contractor has been required to comply with its obligations and has not done so within the granted period. To this extent, the clause would be unnecessary, he said.
And if the proposal refers to continuing with the projects, whether they are urgent or not, in case they have been declared void, and there is a need to continue them, the regulation of the law already provides that when a contract is resolved, the responsible entity can hire any of the bidders who participated in the contest.
For Alberto Ñecco, former executive director of Proinversióninclude a broad clause that allows contracts to be terminated in the face of any delay, would imply raising the risks and financial costs for potential awardees.
Thus, if the companies that are going to participate know that the State can terminate contracts at any time and the responsibilities or causes are not clear, and that they will not have greater control, it would be a disincentive to participate in the tenders.
Data
-According to the Comptroller General of the Republic, there are 2,369 works by contract paralyzed at the national level, immobilizing an investment of S/ 22,453 million.
