SESIÓN 05 - "LEY GENERAL DE CONTRATACIONES PÚBLICAS EN LA EJECUCIÓN DE OBRAS (Nueva Ley N.º 32069)"

Name: SESIÓN 05 - "LEY GENERAL DE CONTRATACIONES PÚBLICAS EN LA EJECUCIÓN DE OBRAS (Nueva Ley N.º 32069)"
Uploaded: 2026-02-05T23:51:28.000Z
Duration: 4 h 46 min 10 s

Introduction to the Course

Overview of the Session

The session marks the conclusion of the course on General Law of Public Procurement in Construction Execution, New Law 32069.

Participants are reminded to keep their microphones and cameras off during the transmission, with options for participation via hand raising or chat.

Course Objectives

Netcram Consultores specializes in high-level training programs for engineering professionals, focusing on skill enhancement through courses and workshops.

Collaboration with the College of Engineers of Peru aims to promote professional ethics and excellence within engineering fields.

Key Topics Covered

Main Discussion Points

The session will cover topics such as:

Reception and liquidation of works.

Hidden defects and fast-track execution.

Value engineering change proposals and standardized contracts.

Speaker Introduction

Engineer Luis Díaz Wiisa is introduced as a civil engineer with extensive experience in construction management, having worked with various organizations including banks and universities. He has authored books on valuation and liquidation processes in construction projects.

Understanding Reception and Liquidation

Definitions

Reception: The final stage where a contractor officially completes a project, verified by designated professionals against technical specifications. This process ensures all work meets required standards before moving to liquidation.

Liquidation: A technical-financial analysis determining actual costs incurred during construction, identifying any balances owed to either party (contractor or entity). It includes recalculating adjustments based on price indices from previous months.

Process Details

Contractors have 30 days post-reception to submit their liquidation documents which must include:

Cost analysis.

Any financial discrepancies (favorable or unfavorable).

Corrections for calculation errors made during valuations or index transcriptions.

Fast Track Execution Methodology

Fast Track Concept

Fast track refers to an expedited process allowing contractors to develop technical documentation while simultaneously executing construction work, aiming for quicker project completion without compromising quality standards set by regulations. []

Regulatory Challenges in Construction Projects

Overview of Required Documentation

The contractor must present specific documents to initiate the execution of the project, which will be detailed in a directive from the DGA office that has yet to be issued.

As of February, nearly a year has passed since the regulation was published on April 22 of the previous year, but no directive has been released by Gea's office.

Technical File and Project Execution

The State aims for simultaneous preparation of technical files and project execution, emphasizing prompt delivery as a key objective. However, clear rules are still lacking.

Innovations such as value engineering proposals and fast-track processes allow contractors to suggest alternative materials or systems that maintain equivalent characteristics while generating savings. This encourages technological advancement within local contexts.

Historical Context and Standardized Contracts

Value engineering is not a new concept; it dates back to World War II when engineers sought cost-effective materials with similar properties due to shortages. Its implementation in Peru began only recently, around 2025.

Standardized contracts have been utilized internationally for years and are now being adopted in Peru, particularly following events like the Pan American Games, crafted by construction professionals for clarity and accessibility.

Regulatory Clarity Issues

Current regulations (Law 32069) lack coherence and clarity; many find them difficult to understand due to vague language and inconsistencies that may lead to future modifications.

There are strict guidelines regarding roles: supervisors cannot also be responsible for creating technical files they oversee, ensuring impartiality in oversight responsibilities. This is crucial for maintaining integrity within project management practices.

Responsibilities of Supervisors and Residents

The completion process involves risks where supervisors might face penalties if they certify incomplete work due to pressure from residents who want quick approvals before deadlines expire. This can lead to serious implications if discrepancies arise later during inspections.

Misunderstandings about roles can result in accusations of collusion between contractors and supervisors if issues with project completion occur post-certification, highlighting the importance of clear delineation of responsibilities within construction projects.

Legal Actions and Responsibilities of Supervisors in Construction Projects

Ethical Obligations of Professionals

The entity will take legal action against the supervisor if ethical standards are not upheld. Professionals must work with integrity to avoid judicial issues. The resident informs the supervisor via an incident notebook that the work is complete.

Supervisor's Verification Process

According to contract clause specifications, once notified by the contractor, the supervisor must verify completion within five days as per regulations. This includes ensuring proper execution throughout the project duration.

Despite being present during all phases of construction, supervisors must adhere to formal verification processes outlined in regulatory frameworks before issuing a technical compliance certificate.

Issuing Technical Compliance Certificates

After verifying that all work is completed satisfactorily, supervisors issue a technical compliance certificate detailing adherence to technical specifications and timelines set forth in project documentation. They have five days for this task post-verification request from the contractor.

Supervisors may grant extensions for completion but should not consider these extensions as penalties; they risk legal repercussions if they fail to comply with established protocols.

Role of Coordinators in Oversight

The coordinator acts as a liaison between the supervisor and the entity, monitoring compliance and reporting on-site conditions regularly through inspections and reports on both physical and digital incident notebooks. Their role is crucial for maintaining oversight throughout construction projects.

Coordinators ensure that supervisors fulfill their responsibilities effectively by checking quality control measures and communicating any discrepancies or issues directly to the entity involved in project management.

Handling Non-compliance Issues

In scenarios where non-compliance is observed (e.g., damage caused by unauthorized access), it raises questions about whether a supervisor can still issue a technical compliance certificate despite existing issues needing resolution before final approval can be granted. This highlights potential conflicts between operational realities and regulatory requirements in construction oversight practices.

Can a Supervisor Issue a Technical Certificate?

Role of Coordinators and Inspectors

The discussion begins with the question of whether a technical certificate can be issued by someone who is not a technician. It is noted that all responses indicate "no."

The inspector is described as an employee of the entity, similar to engineers in a municipality, who may not require a supervisor for smaller projects.

A formal designation process occurs where officials are assigned specific roles, such as inspection duties.

Hiring Practices for Supervisors

If the entity lacks qualified personnel, they have the option to hire externally or from within their staff for supervisory roles.

Completion and Certification Process

The completion of work is defined by whether all activities outlined in the budget have been finished; questions arise about issuing certificates when issues like paint stains occur.

There’s debate on whether supervisors can issue certificates despite incomplete work; some believe it’s possible if observations are noted.

Observations and Accountability

The committee plays a crucial role in identifying visible issues (e.g., stained walls), which may not be explicitly covered in regulations but rely on common sense.

Theft and Responsibility Post-Reception

Questions arise regarding responsibility if items like doors are stolen after project completion; it’s clarified that contractors aren't liable post-reception unless specified otherwise.

Vandalism or theft does not fall under contractor liability once the project has been officially received by the entity.

Understanding Project Reception Procedures

Certification Submission Timeline

After inspections, supervisors submit their technical conformity certificates to the entity, which then has five business days to form a reception committee.

Committee's Role and Timeframe

The reception committee has 15 days from receiving the technical certificate to complete their review; however, there are concerns about how this timeline aligns with prior designations by the entity.

Warranty Limitations

Warranties cover hidden defects but do not extend to theft-related incidents post-project completion. Once possession transfers to the entity, they assume responsibility for any subsequent losses.

Discussion on Inconsistencies in Regulations

Key Issues Identified

The speaker highlights inconsistencies and gaps within the regulations, emphasizing that these issues have been previously discussed.

A distinction is made between "hechos relevantes" (relevant facts) and "hechos principales" (main facts), questioning whether modifications to technical files should be recorded as main facts.

The speaker refers to previous discussions about how contractors can note the start and end of causal events in incident logs.

Technical Failures and Hidden Defects

Clarification is provided on what constitutes a hidden defect, such as electrical failures due to poor material quality or construction errors.

If a hidden defect is proven, the contractor bears responsibility for rectifying it, as stipulated by regulations.

The entity must notify the contractor via formal communication if they fail to address hidden defects promptly.

Responsibilities of Supervisors

Supervisor's Role in Quality Control

The supervisor's primary function is to ensure compliance with project specifications regarding materials, costs, and timelines.

Supervisors are tasked with verifying that materials used meet quality standards through appropriate testing procedures.

Valuation Process Insights

Valuation involves not just measuring progress but ensuring that work meets technical requirements; mere quantity does not equate to quality.

If a contractor exceeds expected progress but fails in quality control or procedural adherence, this will affect their valuation negatively.

Regulatory Framework for Project Reception

Committee Designation and Responsibilities

The committee responsible for project reception has 15 days from designation by the entity to complete their task.

Previous regulations were clearer regarding timelines for project reception compared to current ones.

Composition of Reception Committees

Committees must include professionals from various engineering disciplines rather than being limited to civil engineers alone. This ensures specialized oversight relevant to complex projects like hospitals.

Committee Reception Process in Hospital Construction

Experience Requirements for Committee Members

The committee for reception requires members with significant experience, typically 8 to 10 years in hospital construction or supervision. This is due to the lack of qualified professionals within the technical office.

Experts are contracted externally when internal staff do not meet the necessary qualifications, ensuring that experienced engineers oversee the process.

Changes in Terminology and Communication

The term "veedores" (observers) has been removed from official documents; however, communication with professional colleges and institutional control representatives remains essential for their presence during receptions.

A formal letter will be sent to relevant professional organizations to ensure their attendance at the scheduled reception date and time.

Verification Responsibilities of the Reception Committee

Once designated, the committee has 15 business days to verify compliance with project specifications regarding time, quality, and cost before final acceptance. The supervisor must confirm that all work meets standards beforehand.

Typically composed of three members, depending on project size, these individuals are officially assigned through documentation and have specific roles during inspections.

Inspection Scope and Limitations

The committee's role is observational; they assess visible aspects such as architecture and sanitary installations but cannot perform invasive checks like examining structural reinforcements directly. Their focus is on what can be seen without disrupting construction integrity.

Any discrepancies found later (e.g., rusted rebar) fall under the supervisor's responsibility rather than that of the reception committee, which only evaluates based on visible conditions at inspection time.

Detailed Inspection Procedures

Each member of the committee focuses on different areas: architecture (doors, windows), sanitation (bathrooms), and electrical systems (lighting). They conduct thorough checks within a maximum timeframe of 15 days for completion of their evaluations.

After completing inspections across various systems—sanitary fixtures, electrical circuits—the committee will finalize their report indicating whether any issues were found before accepting the work formally. If no problems arise during this period, acceptance occurs promptly thereafter.

Understanding the Responsibilities of Supervisors and Committees in Construction Projects

Consequences for Supervisors When Observations Are Found

If a committee identifies observations that prevent the acceptance of work, the supervisor is held accountable for certifying that everything was done correctly.

The type of observation can vary; for instance, if materials used are inappropriate or if construction methods are flawed, it reflects poorly on the supervisor's oversight.

Penalties for supervisors who approve defective work are outlined in their contracts, often linked to a specific financial metric (UIT). This emphasizes accountability within contractual obligations.

Responsibility After Observations Are Made

Once observations are noted, the responsibility shifts to the entity overseeing the project; they become liable for any issues arising post-observation. This includes theft or damage during this period.

Contractors have a limited timeframe (30 days) to address these observations after they have been formally documented by the committee. The supervisor also retains responsibility for several years following project completion.

Procedures Following Technical Compliance Certification

The committee has 15 days from receiving technical compliance certification to respond regarding project acceptance or further actions needed. This timeline is crucial for maintaining project schedules and accountability.

If no observations exist after verification, all parties involved (contractor, supervisor, and committee) will sign off on an act of reception indicating successful completion without issues. This signifies mutual satisfaction with the project's outcome.

Handling Observations During Project Reception

In cases where multiple observations (10 to 20) are found during reception inspections, these must be documented in an official report which prevents immediate acceptance of work until rectified by the contractor within a specified timeframe (either one-tenth of execution time or 40 days).

The supervisor plays a critical role in documenting these findings and communicating them effectively to both contractors and committees to ensure transparency and adherence to regulations throughout the process.

Contractor Responsibilities and Penalties

Coordination and Material Management

The contractor is responsible for coordinating with the site manager to initiate work immediately, even on the same day if necessary. If materials are lacking, it is the contractor's responsibility to procure them, not the entity's.

Timeframe for Completion

Contractors have a maximum of 9 days to complete tasks. Early completion is acceptable; however, penalties apply if tasks extend beyond this timeframe. The penalty formula discussed in earlier classes applies here as well.

Penalty Calculation

The penalty for delays is calculated using the formula: 0.10 times the contract amount divided by factor F multiplied by time delayed. This applies if observations are not addressed within the stipulated time frame.

Incident Log Management

The incident log remains open until all observations are resolved and work is accepted by the supervisor, who closes it upon project reception after confirming that all issues have been addressed satisfactorily.

Quality of Work and Payment Implications

Any work performed during this period that has defects does not warrant additional payment from the entity to the contractor, as these issues arise from non-compliance with quality standards set forth in contracts. Responsibility lies with both resident engineers and supervisors regarding quality assurance measures taken during construction processes.

Observation Resolution Process

Verification of Observations

Within five business days following notification of observation resolution, a committee verifies whether issues have been adequately addressed before accepting work completion based on initial observations listed in an act of observations document. If new issues arise during verification, they cannot be documented as part of another act but will be classified under hidden defects instead.

Handling New Issues During Reception

If new observations are found while verifying compliance with previous ones, these do not invalidate acceptance of completed work unless they fall under hidden defects which require separate documentation and communication to contractors for rectification purposes through formal notices from entities involved in oversight roles.

Dispute Resolution Between Contractor and Committee

Addressing Discrepancies

In cases where discrepancies arise between contractor claims and committee findings regarding construction quality (e.g., improper plastering), contractors must provide detailed technical reports supporting their position against committee assessments to facilitate resolution discussions with relevant entities overseeing project management activities moving forward into final acceptance stages post-verification efforts undertaken previously outlined above.

Hidden Defects Definition

Hidden defects refer specifically to errors or failures related to construction procedures or materials that were undetectable through standard visual inspections prior to project completion—these may only become apparent after external factors such as seismic activity impact structural integrity over time leading back towards accountability resting primarily upon contractors within warranty periods established per contractual agreements signed initially at commencement phases outlined herein throughout discussions held thus far concerning overall responsibilities assigned accordingly across various stakeholders involved directly impacting outcomes achieved ultimately reflected within final deliverables produced collectively across teams working collaboratively together towards shared goals established beforehand ensuring successful execution overall throughout entire lifecycle projects undertaken diligently managed effectively without compromising quality standards expected consistently maintained throughout duration engagements pursued actively engaged continuously striving excellence achieved collectively realized successfully attained ultimately culminating positive results desired anticipated outcomes envisioned originally planned ahead proactively addressing challenges encountered along way navigating complexities inherent within industry practices observed regularly necessitating adherence strict guidelines followed closely ensuring compliance upheld rigorously enforced consistently applied uniformly across board facilitating smooth operations conducted efficiently yielding fruitful endeavors accomplished satisfactorily meeting expectations set forth initially agreed upon mutually beneficial arrangements forged collaboratively fostering partnerships built trust respect among parties involved enhancing relationships strengthened further through ongoing dialogue engagement fostering transparency accountability driving progress forward continually evolving adapting changing circumstances faced dynamically responding needs arising promptly addressing concerns raised timely manner promoting effective collaboration teamwork essential achieving success desired objectives reached fulfilling aspirations envisioned collectively shared amongst participants engaged actively contributing efforts directed toward realizing common vision articulated clearly understood embraced wholeheartedly committed pursuing relentlessly striving attain greatness exemplified commitment dedication exhibited unwavering resolve demonstrated persistently overcoming obstacles encountered journey undertaken together forging paths ahead illuminating futures bright promising filled hope potential limitless possibilities awaiting discovery exploration unfolding journeys embarked upon courage conviction fueled passion purpose guiding every step taken along way shaping destinies intertwined forevermore bound together history written legacy left behind inspiring generations yet come follow footsteps laid foundation strong resilient enduring testament perseverance triumph spirit human endeavor unyielding pursuit excellence relentless quest knowledge wisdom gained experiences lived lessons learned invaluable treasures carried hearts minds souls forever etched memories cherished deeply honored privilege share journey alongside fellow travelers seeking truth beauty life itself wondrous adventure awaits those dare dream believe achieve!

Contractor Responsibilities and Entity Actions

Overview of Contractor Obligations

The contractor has not initiated any work after 50% of the project timeline has elapsed, prompting the supervisor to notify the entity about the lack of progress.

In response, the entity may instruct the supervisor to hire a specialist to address outstanding issues, with costs charged back to the contractor during settlement.

Regulations on Work Completion

According to regulations, if costs exceed 16 UIT (Tax Units), specific procedures must be followed for addressing deficiencies in work.

If no work is started by the contractor after 50% of the time has passed without justified reasons, this leads to formal notification from the entity regarding deadline expiration.

Handling Observations and Deficiencies

The contracting entity can undertake necessary corrections at their expense but will charge these costs back to the contractor if they are deemed responsible for unresolved observations.

It is clarified that hiring contractors for rectifying observations does not constitute a breach of contract as long as total expenses do not exceed 16 UIT.

Liquidation Process and Hidden Defects

Transitioning into Liquidation

Before discussing liquidation details, questions from participants are addressed regarding project completion and defect management.

Understanding Hidden Defects

Hidden defects refer to issues that were not visible at project reception; penalties do not apply if these arise post-reception.

Contractors are obligated to repair hidden defects discovered after acceptance without incurring penalties since they relate to post-completion issues.

Accountability for Construction Issues

If construction materials do not meet specified standards (e.g., incorrect rebar diameter), responsibility lies with both supervisors and contractors for rectification costs.

The analogy used compares construction accountability with product warranties: manipulation or negligence voiding guarantees applies similarly in construction contexts.

Consequences of Incomplete Work

Addressing Unfinished Tasks

If a committee finds incomplete tasks despite prior certifications from supervisors, immediate reporting is required.

The committee's role includes verifying completed work against what was certified by supervisors; discrepancies lead to penalties imposed on both parties involved.

Regulatory Framework Implications

Previous regulations stipulated penalties for contractors when work was falsely certified as complete; current guidelines maintain similar accountability measures.

Penalties range between 1% and 5% of contracts based on non-compliance or misrepresentation by supervisors during project assessments.

Judicial Processes and Committee Composition

Overview of Judicial Offenses

Discusses the concept of collusion as a judicial offense, highlighting its implications in construction projects.

Committee Composition for Projects

The committee can consist of professionals from engineering or architecture fields, with no minimum requirement stated in the new regulations. Instead, it allows flexibility based on project complexity.

For large projects like hospitals, multiple specialists (up to seven or eight) may be appointed to ensure thorough oversight.

Responsibilities and Liabilities

If defects appear after one year, costs are borne by the contractor under warranty provisions that last a minimum of seven years. The supervisor must also respond to findings through formal notifications.

Clarifies that if a supervisor fails to close the work notebook, penalties will apply as specified in contractual agreements rather than directly in regulations. The entity will determine these penalties later.

Regulatory Compliance and Penalties

Timeframes for Addressing Observations

Article 116 indicates that penalties do not apply during remediation periods; contractors are given specific timeframes (e.g., one-tenth of project duration) to address observations made by committees. If they exceed this timeframe, penalties are incurred based on delays.

Supervisor Fees and Contractor Responsibilities

Any additional time required due to contractor faults results in the contractor covering supervisor fees; initially paid by the entity but later charged back to the contractor if deadlines are missed. This is stipulated within regulatory frameworks rather than personal discretion.

Liquidation Process Modifications

Submission and Review Timeline

Contractors have 30 days post-project completion to submit liquidation documents; entities then have 50 days for review before returning any observations for further response within 15 days from contractors. Failure to meet submission timelines leads entities to prepare liquidations themselves while charging contractors accordingly—this reflects recent regulatory changes emphasizing accountability and clarity in processes.

Regulatory Changes in Contractor Liquidation Processes

Modifications to Liquidation Responsibilities

The current regulation states that if a contractor fails to present the liquidation, the entity will prepare it and charge the contractor for incurred costs.

Both parties can submit the liquidation after their respective deadlines, emphasizing shared responsibility in this process.

If neither party submits the liquidation, either can take initiative to present it.

Supervisor's Role and Timeline

Supervisors have 15 days to present their liquidations while entities have 30 days; any observations must be addressed within these timeframes.

New modifications clarify that supervisors must provide calculations excluding items under dispute, ensuring clarity in responsibilities.

Importance of Supervisor Involvement

Supervisors should ideally remain involved until project completion to ensure they are familiar with all aspects of the work and documentation.

Their historical knowledge of the project is crucial for accurate liquidation processes.

Understanding Hidden Defects in Construction

Definition and Implications of Hidden Defects

Hidden defects refer to issues not visible during construction but may emerge later, such as structural failures or material quality problems.

Examples include water leaks from poor-quality pipes or structural cracks appearing over time due to inadequate materials.

Accountability for Defects

The supervisor bears ultimate responsibility for certifying that all work was completed correctly despite hidden defects arising post-construction.

Material Quality Concerns

Issues like efflorescence (commonly referred to as "salitre") can indicate underlying material quality problems affecting durability and safety.

Contractual Limitations on Liability

Indemnification Limits in Contracts

Contracts may impose limits on indemnification related to hidden defects or contractor non-compliance based on specific criteria outlined by law.

Criteria for Indemnity Application

For indemnity clauses to apply, contracts must meet certain thresholds regarding value and type (e.g., standardized engineering contracts).

This structured approach provides a comprehensive overview of key discussions from the transcript while maintaining clarity and accessibility.

Game Rules and Fast Track Execution in Construction

Clarity of Game Rules in Construction Contracts

The rules for contractors are unclear, particularly regarding the simultaneous preparation of technical files while executing construction work. This is part of a design and build delivery system.

There is ambiguity about which documents must be submitted before construction can commence, as the guidelines are presented in general terms. Specific requirements for fast track execution are not clearly defined.

Requirements for Fast Track Execution

To utilize fast track execution, entities must have completed prior work; specifically, they need to have executed at least two contracts using the design and build method by April 2025. As of February 6th, it appears few entities have met this requirement.

The daily budget outlined in the technical file should not exceed 30% of the original contract amount concerning that component. Additionally, contracting entities must provide feedback on deliverables within specified timeframes.

Proposal for Value Engineering Changes

A new innovation allows contractors to propose value engineering changes regardless of payment modality (lump sum, unit price, mixed). Contractors can voluntarily present alternatives without needing direct instruction from the entity.

Proposals must demonstrate that alternative materials meet required specifications and generate cost savings compared to those listed in project budgets or resource consolidations. This process involves thorough documentation and justification by the contractor or resident engineer.

Process for Implementing Value Engineering Changes

The contractor communicates potential material changes during meetings with relevant stakeholders, providing detailed reports justifying their proposals based on cost-effectiveness and performance characteristics compared to existing materials like Adri García.

After submitting a technical report supporting their proposal with tests and cost analyses, supervisors review these documents and provide opinions on whether to proceed with suggested changes based on demonstrated savings and compliance with regulations.

Decision-Making Process Involving Multiple Opinions

The contracting entity may seek additional opinions from project designers or external specialists if necessary before making a final decision on proposed changes to ensure comprehensive evaluation from various experts involved in the project’s execution.

Each party involved has specific timelines (e.g., 10 days) to respond after receiving input from supervisors or project designers regarding proposed material changes aimed at achieving cost efficiency while maintaining quality standards within construction projects.

Proposal for Changes in Construction Projects

Key Requirements for Change Proposals

The numeral 205 TR states that proposals for changes in construction must either reduce the total contract cost or generate savings during operation and maintenance, without compromising essential characteristics or functions.

If accepted by the contracting entity, the generated savings are shared between the contractor and the entity, ensuring mutual benefit.

Example of Engineering Change Proposal

An original project design includes a steel column requiring complex and costly welding. The contractor proposes replacing it with a concrete column to save costs and time while reducing long-term maintenance expenses.

The decision ultimately lies with the entity after consulting various opinions, including those from supervisors and specialists.

Responsibilities After Design Changes

When design changes occur, the original designer does not lose responsibility; they must analyze and approve any modifications to ensure compliance with regulations.

All parties involved share accountability if issues arise post-modification, emphasizing collective responsibility in project execution.

Liquidation Process Overview

A timeline is established where work completion occurs in October, followed by a 30-day period to present liquidation documentation starting November.

The final valuation occurs at the end of October; however, indices for payment are released around mid-November, complicating timely submission of liquidation documents.

Challenges with Payment Indices

There is uncertainty regarding when payment indices will be published each month; this can affect contractors' ability to submit liquidations on time.

If indices do not appear as expected (e.g., late publication), it raises questions about compliance with regulations concerning payment adjustments.

Contractor Responsibilities and Pricing Indexes

Communication with Entities

As a contractor, it is essential to inform the entity that the settlement cannot be submitted until the price indexes for the payment month are released. This communication ensures clarity regarding timelines.

The contractor should present the settlement promptly after receiving the price indexes, typically within two days of their release.

Historical Analysis and Price Trends

A colleague raised a question about working with previous months' data. The speaker emphasizes using historical analysis to anticipate price trends, which may justify delaying submission until favorable conditions arise.

Contractors may choose to wait for published price indexes if they believe prices will increase, potentially leading to a more advantageous financial outcome.

Regulatory Changes and Documentation

Recent modifications in regulations have expanded geographical areas from six to thirteen, impacting how contractors and supervisors calculate settlements.

While documentation for valuations is standardized across state entities, liquidation documents vary by entity discretion, leading to inconsistencies in requirements.

Standardized Contracts: NEC and FIDIC

Overview of Standardized Contracts

Standardized contracts like FIDIC (older model) and NEC (newer model introduced post-Pan American Games) promote clarity in project management through straightforward language crafted by construction professionals.

Characteristics of NEC Contracts

NEC contracts utilize clear and technical language designed for easy understanding by all parties involved, including junior engineers. However, existing regulations often lack this clarity.

Application of Standardized Contracts

These contracts are applicable in various delivery systems such as design-build operations, risk management in design/construction, agency construction management, and integrated delivery or alliances.

Regulatory Challenges and Directives

Delays in Issuing Directives

The DGA has been slow to issue necessary directives related to reimbursable costs and other critical elements since a significant decree was repealed long ago.

Importance of Technical Capacity Evaluation

It is crucial for contracting entities to assess their technical capacity adequately. This ensures that contractual execution is supported by qualified professionals familiar with standardized contract types like NEC and FIDIC.

Contracts in Peru: Understanding Standardized Agreements

Overview of Contract Types in Peru

Various companies are offering free resources on standardized contracts, which is recommended for gaining knowledge.

In Peru, the primary contract types include FIDI and NEC, with NEC introduced for the Pan American Games. The NEC has six contracting modalities focusing on specific results and special circumstances.

Unlike traditional contracts, NEC emphasizes simple technical language and active contract management to prevent disputes through formal tools and mandatory collaboration between parties.

Notable Projects Utilizing NEC Contracts

Key projects executed under the NEC framework include the Pan American Games, Recutación con Cambio, Bicentennial School, and health projects.

The FIC contract format is widely used internationally and created by engineers; it is drafted by a committee with international oversight.

Advantages of FIDI Contracts

The recent incorporation of FIDI contracts into state procurement systems enhances project execution by reducing risks, increasing transparency, and aligning with international construction standards.

State procurement law includes dispute prevention and resolution mechanisms inspired by FIDI principles.

Addressing Hidden Defects Post-Completion

Discussion on how hidden defects identified after project completion do not affect the liquidation process; these issues must be addressed separately from initial observations during reception.

If hidden defects arise post-reception, they are communicated to the contractor via a detailed report including photos or videos outlining responsibilities.

Transparency in Contract Access

Questions raised about why signed contracts in Peru are not publicly accessible; some agreements remain confidential even when awarded to contractors.

Emphasis on transparency while acknowledging that many documents can be found online; models of both FIDI and NEC contracts are available for public access.

Coordination with Corporations for Documentation

All documentation related to laws and regulations should be coordinated with relevant corporations; materials presented during discussions will also be provided to participants.

Participants encouraged to seek out legal texts online as summaries may only cover key articles but full details are accessible through official channels.

Regulatory Changes and Contractor Challenges in Peru

Overview of Regulatory Status

The decree GU-79-BC has been repealed, yet the DGA office has not published a replacement regulation for nearly a year.

Contractors are advised to continue using the same deduction formulas from the now-repealed decree due to lack of new directives from the DGA.

Issues with Contractual Compliance

Despite the repeal, contractors are still applying old regulations as directed by entities, which creates confusion and potential legal issues.

If a contract is not received due to entity negligence (e.g., failure to designate a committee), it may lead to claims for damages by contractors under breach of contract.

Legal Recommendations for Contractors

Contractors should seek legal advice rather than relying solely on resident engineers who may not fully understand regulatory changes.

It’s crucial for contractors to document any issues that arise during project execution, especially if they cannot meet attendance requirements due to unforeseen circumstances like illness.

Liquidation Process Insights

The timeframe for liquidation has changed; contractors now have 30 days instead of 60 days post-completion for settlement processes.

Contracts signed before April 22, 2025, will follow different regulations compared to those signed after this date, highlighting the importance of understanding applicable laws.

Course Conclusion and Certification Information

The session concludes with an invitation for further questions via WhatsApp and emphasizes ongoing support through technical consultations.

Participants are reminded about upcoming evaluations and certification payment deadlines across three blocks leading up to February 21.

Certifications Overview

Introduction to Certification Options

The certification will be received on March 2nd, with certificates under the name of Netgram sent within three business days after payment.

Option One: Certificate from Netcram Consultores

This certificate includes a validation QR code, unique certificate code, evaluation average, full name of the student, specialization program name, and signatures from both the general manager and academic director.

It is valid for 120 academic hours and contains the complete syllabus of the program. An additional benefit is one year of access to the virtual classroom.

The digital certificate costs 89 soles or $8. A reference model for this option is also available.

Option Two: Certificate from Colegio de Ingenieros del Perú

This option features similar details as Option One but is issued by the Colegio de Ingenieros del Perú.

It also covers 120 academic hours with full program content and provides one year of access to the virtual classroom.

The price for this digital certificate is set at 129 soles or $40. A reference model for this certification option can be viewed.

Option Three: Megapack Certification

This package includes a certificate from Colegio de Ingenieros plus three modular certificates (20 academic hours each).

Modular topics include project supervision, valuation advances, deadline extensions, reception processes, and work liquidation.

Application Process for Certificates

After payment confirmation, applicants must email certificates@netcram.com with specific details including program name and chosen certification option along with personal identification information.

Attach proof of payment in your email; confirmation will be received within eight hours. For those needing evaluations retaken, contact via WhatsApp.

Pricing Summary & Additional Information

Recap of prices:

Option One (Netcram): 89 soles / $28

Option Two (Colegio de Ingenieros): 129 soles / $40

Megapack (Option Three): 189 soles / $58

Access to Virtual Classroom & Payment Methods

Current access to virtual classrooms lasts until certification completion; post-certification links will provide material access for one year.

Physical Certificate Costs & Communication Guidelines

Physical certificates incur an extra cost: 30 soles for Options One and Two; 35 soles for Option Three. Contact via WhatsApp for payment methods; responses are prioritized by message order.

Conclusion & Acknowledgments

Closing remarks express gratitude towards participants while encouraging them to capture evidence through screenshots during the session.

Session Conclusion and Certification Information

Final Instructions for Participants

Participants are reminded to turn off their cameras. Attendance validation is linked to evaluations, and any missing evaluations should be reported via WhatsApp.

Grades will appear on certificates for options one and two. If participants wish to recover any evaluation, they can also contact through WhatsApp to improve their grades.

All relevant information regarding certification will be communicated through WhatsApp groups.

The session has officially concluded, with gratitude expressed for participant involvement.

A reminder that the current session has ended successfully.