International Standard Construction Contracts: Notes for an eventual regulation of these models in the State Contracting regulations

Abstract

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 government procurement bills (which have not been approved), show the government’s tendency to regulate international standard construction contracts for the execution of public works. In this article, I seek to explain what international standard construction contracts are, outline how they have been used in Peru and contribute to the discussion on the convenience of implementing these contractual models generally in public works and what elements should be considered for this purpose.