The Arbitral Tribunal of the Lima Chamber of Commerce declared financed the request for payment of 97 million dollars from the Ministry of Transport and Communications, which claimed that the corporations should be judicially integrated into the so-called Construction Club.
The Public Prosecutor’s Office demonstrated before the arbitral tribunal that the companies Constructora Málaga Hermanos S. A. and JOHE S. A. , which have formed the Piura Road Consortium for the rehabilitation of the Buenos Aires-Huancabamba highway – a work judicialized by Provias Nacional of the MTC, to formulate an economic demand of the foundation provider.
The corporations are asking the MTC to recognize the payment of expenses and prices that were allegedly incurred, due to the extensions, positions of the contract.
The MTC Attorney General’s Office demonstrated before the arbitral tribunal that the direct prices related to each extension of time for unproductive equipment and labor must be accredited in the midst of an evidentiary response. As the companies have not discovered it, the claim of the construction company Málaga Hermanos S. A. was discontinued. and JOHE S. A.
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In application of the precept of equivalence of public contracts, the arbitral tribunal ruled on the payment needs of the builders, because they recognize large contracts as economic rights assimilated to a greater position of execution of the works that are going to be carried out. used, this will be contrary to a dating of equivalence and proportionality.
According to the MTC prosecutor, David Ortiz Gaspar, the arbitral resolution will serve the institutional position in other ongoing arbitrations.