Consortium made up of Andrade Gutiérrez, Queiroz Galvado and the Peruvian ICCGSA demanded an extra outlay from the State for the execution of the Callao tunnel.
The Public Prosecutor of the Ministry of Transport and Communications (MTC), managed to have the arbitration jurisdiction declare unfounded the lawsuit filed by the Callao Tunnel Consortium that sought to be recognized for the payment of S/ 13 million 782 thousand 54 soles.
The consortium, made up of the Brazilian companies Andrade Gutiérrez Engenharia and Constructora Queiroz Galvao, and the Peruvian Ingenieros Civiles y Contratistas Generales SA (ICCGSA), requested the aforementioned amount for alleged extra expenses originated by the expansion of the Callao Tunnel, which is part of Contract No. 043-2014-MTC/20 of the improvement project of Néstor Gambetta avenue, in the port of Chalaco.
The three companies are under investigation for their participation in the so-called Construction Club, which paid bribes to officials of Provías Nacional and Provías Decentralizado of the MTC, to obtain million-dollar public works contracts.
The court of the Arbitration Center of the Pontifical Catholic University of Peru rejected the consortium’s request, due to the inconsistent and contradictory grounds of the claim.
For example, the construction companies failed to prove the real impact of the absence of the supervisor on the work, among other aspects.
The consortium points out that the absence of the work supervisor meant that they extended the execution period, which required them to spend more. He couldn’t prove it.
The public prosecutor of the MTC, David Ortiz Gaspar, stated that “the successful result of the arbitration process represents another important achievement in favor of the interests of the State and constitutes a substantial saving that can be used to fulfill the institutional objectives of the sector.”
