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SESIÓN 04 - "LEY GENERAL DE CONTRATACIONES PÚBLICAS EN LA EJECUCIÓN DE OBRAS (Nueva Ley N.º 32069)"
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SESIÓN 04 - "LEY GENERAL DE CONTRATACIONES PÚBLICAS EN LA EJECUCIÓN DE OBRAS (Nueva Ley N.º 32069)"

Introduction to the Course

Overview of the Session

  • The session begins with a welcome message to participants, marking the start of the fourth session on the General Law of Public Procurement in construction execution.
  • Participants are instructed to keep their microphones and cameras off during the transmission, with options for raising hands or using chat for questions.

Course Objectives

  • Netcram Consultores specializes in high-level training programs for engineering professionals, focusing on enhancing skills and knowledge.
  • Collaboration with the College of Engineers of Peru aims to promote professional ethics and excellence within engineering fields.

Key Topics Discussed

Additional Works and Contractual Extensions

  • Today's discussion will cover additional works, extensions of deadlines, and extra measurements under different construction delivery systems. The speaker is Engineer Luis Díaz Wiisa.

Speaker Credentials

  • Engineer Luis Díaz Wiisa has extensive experience as a civil engineer and project manager, having worked with various organizations including banks and universities. He is also an author on topics related to work valuation and liquidation.

Challenges in Construction Contracts

Understanding Additional Works

  • The speaker emphasizes that contractors often prefer not to encounter additional works or extensions as they lead to contract modifications affecting timelines and budgets.
  • Key issues include technical file deficiencies, hidden defects, and formal procedures required for substantiation when problems arise during project execution.

Regulatory Changes Impacting Contractors

  • Modifications have been made regarding how additional works are approved; previously up to 15% could be authorized without oversight from regulatory bodies like Contraloría until exceeding that threshold. Now there are changes affecting these processes significantly.

Documenting Delays

  • Contractors must document delays caused by external factors such as weather conditions or material shortages formally through appropriate documentation processes established by new regulations.

This structured markdown file provides a comprehensive overview while ensuring clarity through organized headings, subheadings, bullet points linked directly to timestamps for easy reference.

Valorización en Contratos: Aspectos Clave

Introducción a la Valorización

  • La valorización es esencial para que la entidad tenga conocimiento y pueda realizar los pagos correspondientes. Esto incluye varios aspectos fundamentales de la valorización de contratos.

Tipos de Valorizaciones

  • Existen cinco tipos de valorizaciones, incluyendo:
  • Valorización del contrato principal.
  • Valorizaciones adicionales generadas por cambios o ampliaciones en el proyecto.
  • Intereses por demoras en el pago de las valorizaciones.
  • Mayores metrados, que también requieren su propia valorización.
  • Costos reembolsables, que son reconocidos por la entidad durante la ejecución del proyecto.

Estudio de Suelo y Referencialidad

  • El estudio de suelo es un documento referencial, no exacto, lo cual puede llevar a problemas durante la ejecución del proyecto. La mayoría considera que este tipo de estudios son referenciales debido a su naturaleza generalizada.
  • Las variaciones en el terreno pueden resultar en costos adicionales no contemplados inicialmente, lo que subraya la importancia de tener un expediente técnico adecuado.

Ejecución Adicional y Problemas Encontrados

  • Durante la ejecución, si se encuentran problemas no considerados en el contrato o expediente técnico, esto puede justificar una solicitud para prestaciones adicionales. Esto es crucial para cumplir con los objetivos del proyecto.

Normativa sobre Prestaciones Adicionales

  • Según el nuevo reglamento, hay tres niveles relacionados con las autorizaciones para prestaciones adicionales:
  • Hasta un 15%, donde solo interviene la autoridad administrativa.
  • Entre 15% y 30%, donde se ordena la ejecución sin intervención de Contraloría.
  • Más del 30% hasta un 50%, donde sí interviene Contraloría además de la entidad correspondiente.

Understanding Additional Work Authorizations in Construction Contracts

Role of the Contraloría in Budget Approvals

  • The Contraloría intervenes when additional work exceeds 30% of the original budget, up to a maximum of 50%. This is crucial for maintaining financial oversight in construction projects.
  • Authorization from the Contraloría is mandatory for any additional payments exceeding 30%, and contracts may be reserved if this limit is surpassed, impacting contractors negatively.

Types of Payment Modalities for Additional Work

  • Additional work can be approved under various payment modalities, not just unit prices. This dispels the myth that only unit price contracts allow for such adjustments.
  • It’s essential to recognize that additional work can occur across different contract types, including lump-sum and reimbursable cost agreements.

Conditions Leading to Additional Work Requests

  • Contractors may submit requests for additional work based on unforeseen circumstances or deficiencies in technical documentation, such as discovering unexpected soil conditions during excavation.
  • Three main causes justify these requests: deficiencies in technical documents, unforeseeable situations like weather events, and issues arising after contract finalization that are not attributable to contractor negligence.

Responsibilities Related to Technical Documentation

  • If a contractor prepares the technical documentation but fails to account for hidden defects (e.g., incorrect soil type), they may still qualify for additional compensation due to unforeseen conditions discovered later.
  • There are specific responsibilities outlined in contracts regarding penalties for deficiencies in technical documentation which can lead to financial repercussions for the project designer or contractor involved.

Warranty Period and Liability After Project Completion

  • Upon project completion, contractors have a warranty period of seven years during which they are liable for defects; supervisors share similar responsibilities while designers have a three-year liability period according to regulatory frameworks.
  • The discussion emphasizes that even if technical documents were correctly prepared, unforeseen site conditions could still warrant claims for additional work under certain circumstances like hidden defects or soil discrepancies encountered post-excavation.

Understanding Technical Files in Construction

Importance of Technical Files

  • The content of technical files remains consistent, with no significant variations noted. Unforeseen causes such as natural disasters can impact contract execution.
  • A technical file is a comprehensive set of engineering documents that outlines how a project will be executed, providing coherent and technically accurate information about the project's scope and characteristics.

Execution and Deficiencies

  • Technical files are essential tools for professionals involved in construction, including both the resident engineer and the supervisor. Their efficiency is crucial for successful project execution.
  • Minor deficiencies do not warrant additional requests from contractors; specific regulatory parameters dictate when such requests can be made concerning technical files.

Additional Requests Due to Deficiencies

  • Contractors may request additional resources only when there is a total omission of necessary information within all documents comprising the technical file.
  • Metrados (measurements) can vary based on actual site conditions compared to initial estimates, affecting payment structures under different pricing models.

Identifying Deficiencies

  • A deficiency in a technical file refers to defects or imperfections that fail to adequately define project characteristics or site conditions.
  • An efficient technical file contrasts sharply with a deficient one, which often arises from internal production by non-specialist engineers aiming to save costs.

Implications of Omissions

  • Insufficiently detailed documentation leads to inefficiencies in defining project scope and execution methods. This lack of clarity can hinder proper assessment during construction phases.
  • The quality of technical files tends to decline when produced internally by entities lacking specialized expertise, particularly in direct administration scenarios.

Requesting Extensions and Additional Work

  • Total omissions across all documents could justify requests for additional work regardless of the contracting system employed (e.g., design-build).
  • Clarifications regarding extensions indicate that contractors may seek up to two extensions if activities are delayed pending approval for additional work outlined in the technical file.

Regulatory Framework for Extensions

  • Regulations stipulate that after ten business days post-notification regarding an extension request, contractors may formally apply for an extension due to delays caused by awaiting approvals.

Understanding Additional Works in Project Execution

Role of Government in Project Modifications

  • The government of incidence allows for consultations regarding project execution issues, including deadline extensions and other problems.
  • There is no specific limit on the number of additional works that can be presented; they must be proven necessary for the project's objectives.

Criteria for Additional Works

  • Additional works must be indispensable to fulfill the project's purpose, although regulations do not specify a maximum number.
  • The responsibility for preparing additional work documentation has shifted from contractors to entities or supervisors, as per new regulations.

Payment Modalities and Regulations

  • The payment modality under Law 3225 remains unchanged despite updates in regulation; fixed-price contracts are still applicable when quantities are defined.
  • Under fixed-price contracts, contractors bear costs from excess measurements while entities handle any reductions.

Justification for Additional Works

  • Any additional work must be justified as essential to meet project goals, regardless of the payment system used (fixed price, unit price, etc.).
  • A critical question arises: if an additional work is not executed, can the project still reach completion? If not, this supports its necessity.

Process for Requesting Additional Works

  • Contractors initiate requests for additional works through communication with supervisors who assess their necessity.
  • All communications regarding additional works should be documented in an incidence notebook to ensure proper tracking and accountability.

Contractual Obligations and Procedures for Additional Work

Response Timeframe for Supervisors

  • The supervisor has a strict 5-day period to respond regarding additional work requests. Exceeding this timeframe may result in penalties as outlined in the contract.
  • If the supervisor fails to respond within the stipulated time, it could lead to sanctions based on contractual clauses related to timely communication.

Verification of Additional Work

  • The supervisor must verify any claims of hidden defects that necessitate additional work before proceeding with project adjustments. This verification is crucial for ensuring project objectives are met.
  • Once verified, the contractor begins preparing the technical file necessary for executing the additional work, which is communicated to the entity involved.

Technical File Preparation

  • The new regulations allow not only contractors but also entities or supervisors to prepare the technical file for additional work, enhancing flexibility in project management.
  • Contractors have 15 days to submit this technical file after receiving confirmation from the supervisor; they can request an extension if needed due to complexity or special testing requirements.

Review Process by Supervisors and Entities

  • After submission, supervisors have 10 days to review and identify any deficiencies in the technical file before returning it for corrections. However, specific timelines for feedback on errors are not clearly defined in current regulations.
  • Upon approval from supervisors, entities have 12 business days to review and may seek further opinions from project designers or engineers if necessary, ensuring thorough oversight of proposed changes.

Clarifications on Additional Work Regulations

  • Questions arise regarding how additional measurements (mayor metrado) relate to existing contracts; these do not constitute separate additions but are part of calculating overall adjustments under unit pricing agreements managed by supervisors.
  • Recent regulatory updates clarify previous ambiguities about response times and procedures but still leave some areas open for interpretation regarding final acceptance processes by entities involved in projects.

Contractor Responsibilities and Budgeting in Construction Projects

Technical File Submission and Budget Requirements

  • The contractor has 15 days to prepare the technical file. If there is no budget for additional work after achieving 100% completion, the project cannot proceed.
  • Without available funds, the project will stall since additional work is critical to the project's timeline. Financial resources are essential for continuing construction.

Consequences of Non-compliance

  • If a contractor fails to submit the technical file within 15 days, it is considered not presented, resulting in no additional work being approved.
  • The contractor may have to bear the costs of necessary additional work if they do not comply with submission requirements. The entity can also choose to intervene financially or resolve the contract.

Supervisor's Role and Decision-Making

  • Not all recommendations from supervisors are accepted by entities; decisions on whether to approve additional work can differ from supervisor suggestions.
  • There is a distinction between "major metering" and "additional work." Major metering occurs under unit price payment but does not constitute an addition; both affect contract modifications.

Technical Reports and Justifications

  • Contractors must provide minimum criteria in their technical reports. For example, if excavation reveals unexpected infrastructure like water pipes, a detailed report must be created.
  • Once a supervisor confirms that an additional task is necessary based on technical justification, the contractor can begin preparing the required documentation.

Limits on Additional Work

  • The maximum allowable percentage for additional work varies: up to 15% for first-level changes, 15%-30% for second-level changes, and 30%-50% for third-level changes.
  • If a contractor does not wish to execute necessary additional work, it ultimately depends on the entity's discretion whether they will proceed with intervention or contract resolution.

Final Considerations

  • Entities have strict timelines (15 days) for contractors to present requests for additional works. Failure leads to non-execution of those additions and potential financial intervention by entities.
  • Supervisors play a crucial role in recommending actions based on compliance issues; however, final decisions rest with the contracting entity regarding interventions or contract resolutions.

Understanding Technical Reports and Additional Provisions

Supervisor's Role in Technical Report Review

  • The supervisor has a 10-day period to respond after receiving the technical report from the contractor, which includes additional provisions.
  • Upon receipt of the report, the entity must communicate with both the project designer and the technical office for their opinions before making a resolution on the additional provisions.

Cost Implications of Technical Reports

  • If a technical report is prepared by both the contractor and supervision, it incurs costs that need to be included in the budget, which were not previously accounted for.
  • Modifications to Article 1943 indicate that an addendum is required for approval of additional services, emphasizing that publication in Pladicop suffices for effectuation.

Emergency Provisions and Fast Track Procedures

  • Approval of additional claims via regularization is prohibited; all documentation must be complete. In emergencies, bureaucratic procedures can be bypassed to expedite necessary actions.
  • The supervisor can directly order execution of emergency additions without prior extensive documentation if public safety or worker safety is at risk.

Contractual Responsibilities and Liabilities

  • Additional claims should not exceed 50% of contract value; exceeding this leads to contract termination. This poses risks primarily to contractors who may face penalties due to deficiencies in technical reports.
  • Contractors are often unfairly held responsible for issues stemming from previous entities' oversights regarding technical documents.

Examples Illustrating Additional Claims

  • An example discusses discrepancies found during construction (e.g., foundation depth), indicating when an additional claim would be justified based on unexpected conditions encountered on-site.
  • The discussion highlights how variations in soil conditions necessitate adjustments in construction plans, potentially leading to valid claims for additional work needed beyond initial specifications.

Discussion on Construction Challenges and Additional Requests

Soil Quality and Foundation Depth

  • The excavation revealed poor soil quality at a depth of 60 cm, but actual findings showed depths of 1.20 to 1.30 meters instead. This discrepancy raises concerns about maintaining the foundation's required depth for stability.

Roof Design Issues

  • A project involving triangular metal trusses for roofing was discussed, highlighting that these trusses only support tiles without lateral coverage, leading to potential water ingress during rain due to unsealed openings.
  • The architectural plans indicated closed sides in cross-section views, yet did not specify materials for these closures, creating ambiguity regarding construction requirements and potential additional costs.

Requesting Additional Work

  • There is debate over whether contractors can request additional funds for necessary modifications (like sealing openings) when technical documents lack clarity on material specifications or structural integrity. Some argue it should be allowed due to insufficient information provided in the technical dossier.
  • An additional request is deemed valid if it is essential for fulfilling the project's objectives; however, opinions vary on what constitutes "indispensable" work based on existing documentation inconsistencies.

Project Examples: Sports Facility and Perimeter Fencing

  • A sports facility project includes site preparation and construction of a sports slab and changing rooms; however, the existing perimeter fence is severely deteriorated, raising questions about security and project completion standards. Would replacing this fence count as an additional requirement? Opinions suggest it may not be necessary since it's not part of the original project scope.
  • The discussion concluded that while a new perimeter fence might enhance security against theft or vandalism, it does not directly impact the primary goals of constructing the sports facilities themselves; thus, it would likely not qualify as an additional expense under current definitions of necessity within project parameters.

Health Center Considerations

  • In contrast to the sports facility example, if a health center requires secure fencing due to sensitive equipment (like X-ray machines), then such fencing could be considered essential for operational safety and compliance with health regulations—potentially qualifying as an additional request under different criteria than those applied to recreational projects.

Understanding Project Additions and Modifications

Conceptual Differences in Project Additions

  • The term "complementaria" refers to additions that are conceptually similar to "adicional," but they differ in necessity for project completion. The first line indicates a lack of inclusion in the contract or technical file, while later lines clarify that it is not essential for fulfilling the project's purpose.
  • An "adicional" is deemed necessary and indispensable for achieving project goals, contrasting with "complementaria," which does not hold the same requirement.

Case Study: Demolition Issues

  • A contractor identifies a pre-existing cistern on demolition plans that obstructs construction. They seek approval for an additional hour to manage this demolition task.
  • The supervisor points out that topographical plans already indicated the cistern's existence, suggesting discrepancies between documents rather than deficiencies warranting an additional request.

Approval Processes and Regulations

  • Additional services under design and construction delivery systems can arise from unforeseen issues or hidden defects, emphasizing the need for clear documentation of such occurrences.
  • The entity head may authorize up to 40% additional work with proper technical and legal justification; however, prior oversight by Contraloría has been limited to 15%, now streamlined to expedite approvals.

Budgeting for Additional Work

  • Budgets for additional requests must align with contract prices and include direct costs as well as fixed and variable general expenses specific to the addition itself.
  • While utility percentages remain consistent with those of the main contract, general expense percentages will differ due to time-related factors affecting costs associated with additional work.

Supervisor Responsibilities

  • Supervisors play a crucial role in verifying price increases of materials during monthly assessments, ensuring accurate agreements on costs related to additional tasks.
  • Each time an addition is presented, it requires careful evaluation rather than routine monthly checks, highlighting the importance of thorough oversight in managing project modifications.

Discussion on Additional Costs and Time Extensions in Contracting

Overview of Additional Costs

  • The main issue discussed is the reimbursement costs associated with payment modalities in contracts.
  • In the absence of an agreement with the contractor, provisional pricing can be set to avoid delays in approval and execution of additional claims, while still allowing for dispute resolution.
  • Specialized tests requiring high complexity or specialists not included in key personnel may incur additional costs that need to be accounted for.

Time Extension Requests

  • Contractors can request a minimum extension of 15 days for presenting technical documentation related to specialized tests, which can be extended further if necessary.
  • The discussion emphasizes the importance of understanding how new materials may differ from those listed in the original contract, necessitating price negotiations.

Definition and Conditions for Time Extensions

  • A time extension is defined as an increase in the contractual period granted to a contractor due to delays not caused by their actions.
  • Events leading to such extensions include unforeseen circumstances like weather conditions or other external factors beyond control.

Causal Factors for Delays

  • The regulations outline three primary causes for requesting time extensions: delays due to external events, necessity for additional work, and increased quantities of work under unit price contracts.
  • The addition of mixed payment schemes has been introduced alongside existing reimbursement methods.

Criteria for Non-attributable Causes

  • For a cause to be considered non-attributable, it must meet three criteria: it should be extraordinary, unforeseeable, and irresistible (e.g., natural disasters).
  • Examples provided include earthquakes or landslides that are outside normal expectations and cannot be controlled by contractors.

Procedure for Requesting Time Extensions

  • Contractors must notify the contracting entity about their request for a time extension along with necessary documentation proving inability to continue work due to specified causes.
  • They have a limited timeframe (10 business days) from notification of additional work or completion of events causing delays (like material shortages or strikes).

Contractor Documentation and Extension Procedures

Importance of Evidence in Contractor Reports

  • The contractor's report must include evidence to support claims regarding delays, such as weather conditions. This includes documentation from relevant authorities like SENAMI, press articles, and videos.
  • Documentation is presented by the entity on behalf of the contractor, emphasizing the need for thorough substantiation of any claims made.

Modifications to Technical Files

  • The contractor can reference entries in the incident log related to the start and end of a delay cause; however, the term "can" indicates it is not mandatory but rather an option.
  • A critical question arises: does extending deadlines modify the technical file? The speaker argues that it does affect both time and budget, thus necessitating proper documentation in the incident log.

Submission Timelines for Extensions

  • Contractors may request an extension of up to 10 business days but must submit this request within specified timelines to be considered valid. If submitted late (e.g., on day 11), it will be denied.
  • It is essential for contractors to present their requests before day 10; otherwise, they risk losing their opportunity for an extension due to procedural non-compliance.

Case Study: Incident Log Entries

  • An example illustrates that if a causal event starts on June 8 but is logged on June 9 with supporting evidence (like photos), there are questions about whether an extension would still be granted based on timing discrepancies. Opinions vary among professionals regarding its validity.
  • The discussion highlights ambiguity in regulations where some argue that timely logging should allow extensions while others disagree based on strict adherence to dates and times recorded in logs.

Process Flow for Additional Requests

  • When a contractor submits a request for additional work or extensions, they must follow a structured process involving supervisors who have specific timelines (5 days) to respond with technical reports back to the entity involved. This ensures all parties are informed and engaged throughout the process.
  • Ultimately, approval rests with the entity after reviewing all submissions from both contractors and supervisors; even if supervisors agree, final decisions lie with entities responsible for project oversight. Communication about approvals occurs through designated platforms like PLADICOV after evaluations are completed within set timeframes (10 business days).

Understanding Supervisor and Entity Responsibilities in Contract Extensions

Scenarios of Supervisor Inaction

  • If the supervisor does not respond within 5 business days regarding a contract extension, penalties may apply as per the contract terms.
  • The entity must decide on the extension request if the supervisor remains silent after 5 days, informing both the contractor and relevant parties through official communication.

Supervisor's Opinion Impact

  • When a supervisor issues an opinion on a contract extension, it is crucial for determining whether to grant or deny the request based on their assessment.
  • The timeline for responses includes 10 business days for the entity and 5 for the supervisor, emphasizing strict adherence to these periods.

Consequences of Non-Response

  • If a supervisor fails to respond within their designated timeframe, the contracting entity can still address the extension request while potentially imposing penalties on the supervisor.
  • The specifics of penalties are outlined in contracts and typically relate to established financial units (UIT).

Extension Requests and Notifications

  • Contractors can seek partial extensions under certain conditions; however, this must align with existing contractual procedures.
  • Any granted extensions will also affect related contracts directly tied to the primary agreement.

Clarifying Extensions: Quantity and Financial Implications

Limitations on Extension Requests

  • There is no defined limit in regulations regarding how many extensions can be requested; this unpredictability complicates planning.

Financial Recognition During Extensions

  • Extensions lead to payments linked to costs incurred during that period, which must be substantiated by contractors according to execution schedules.

Distinguishing Between Suspension and Paralysis

Key Differences Explained

  • Suspension is not equivalent to paralysis; they differ significantly in terms of financial implications during project delays.

Financial Recognition Variances

  • Suspensions do not warrant recognition of additional general expenses, whereas paralysis may allow for such recognitions under specific circumstances.

Agreements on Suspension: Legal Considerations

Conditions for Suspension Agreements

  • Parties may agree in writing to suspend work without incurring additional costs unless necessary expenses arise from unforeseen events.

Investigative Scrutiny Post-Suspension Agreement

  • Following an agreed suspension due to external factors like natural disasters, investigations may occur regarding why a contractor accepted suspension over paralysis.

This structured approach provides clarity on responsibilities surrounding contract extensions while highlighting critical distinctions between suspension types.

Contractor Responsibilities and Suspension Procedures

Acceptance of Contractor's Role

  • The contractor's acceptance is crucial, as indicated by the colleague's question regarding which contractor will accept the terms. Exceptions exist, particularly concerning general expenses that do not include salaries for engineers and other personnel involved in the project.

Payment Obligations During Suspension

  • The contractor must request a "paralización" (stoppage) rather than a suspension, emphasizing that all personnel—including engineers, storekeepers, and assistants—are affected by payment obligations during this period.

Impact of External Factors on Project Integrity

  • An example illustrates how external pressures, such as roadblocks from local populations, can jeopardize project integrity. This situation highlights the need for security measures to protect both the site and workers' safety.

Financial Implications of Site Disruptions

  • In scenarios where site disruptions occur due to external factors (e.g., theft or damage), contractors argue they should not bear these costs. They emphasize their right to compensation for losses incurred during such events.

Communication of Execution Modifications

  • The contracting entity must communicate any modifications to execution timelines clearly. This includes updating schedules based on circumstances leading to project delays or suspensions.

Regulatory Changes Affecting Contractor Payments

New Valuation Procedures

  • Recent regulatory changes have modified valuation procedures; now contractors can proceed with two valuations instead of three before facing potential issues with payments.

Consequences of Non-Payment

  • If a contractor does not receive payment for two consecutive valuations within ten days, they may suspend contractual execution. This emphasizes the importance of timely payments in maintaining project continuity.

Documentation Requirements for Suspensions

  • Proper documentation is essential when noting suspensions or delays. Contractors must substantiate their claims with references to specific articles in regulations to ensure their requests are taken seriously by entities involved.

Disputes Between Supervisors and Residents

Clarifying Roles in Project Management

  • Discrepancies between supervisors and residents regarding project status (e.g., suspension vs. stoppage) require careful examination to determine who holds authority in decision-making processes related to contract management.

Importance of Justification in Annotations

  • When making annotations about project status changes, it is critical that individuals provide justifications citing relevant regulatory articles; failure to do so may lead to dismissals of their claims or concerns raised during project execution.

Understanding Major Metrado in Construction Contracts

Legal Framework and Responsibilities

  • The discussion begins with the importance of referencing specific articles from the Civil Code and Penal Code relevant to the contractor's defense, emphasizing that the contractor must be defended as they are central to the project.
  • It is noted that a suspension occurs when there is no agreement between parties; thus, it must be documented properly in accordance with regulations.

Definition and Importance of Major Metrado

  • "Mayor metrado" refers to an increase in measurement for a necessary item within a project, resulting from re-evaluation and quantification without altering the original engineering design.
  • Article 197 outlines that contracts under unit price payment do not specify exact quantities of work, necessitating this payment method due to potential variances in actual work performed.

Documentation and Approval Process

  • Contractors must document their execution requests in an incidence notebook, which requires supervisor authorization rather than formal entity approval for major metrados.
  • Supervisors are responsible for informing entities about any major metrados through technical reports, including photographic evidence to justify additional work needed.

Financial Implications of Major Metrado

  • The necessity of executing major metrados is highlighted as critical for project continuation; failure to address these can halt progress on construction sites.
  • Payment recognition for major metrados involves calculating accumulated costs while considering deductive budgets against additional works.

Distinction Between Major Metrado and Additional Work

  • A key point made is that major metrados do not constitute modifications to technical files or designs but are essential for fulfilling project objectives based on real measurements.
  • It's clarified that while major metrados affect budgets and timelines, they do not require prior entity approval before execution but do need it for payment processing.

Valuation and Cost Considerations

  • Contractors include executed major metrados in their valuations during billing periods without accounting for general expenses unless tied directly to critical path activities.
  • If executing major metrados leads to time extensions, associated general costs will also be recognized according to specified regulations (Article 2011).

Practical Example of Major Metrado Application

  • An example illustrates how excavation metrics can lead to identifying a shortfall despite meeting initial volume expectations; this highlights the necessity of completing all required work even if it exceeds budgeted amounts.
  • The example emphasizes maintaining consistent dimensions throughout additional excavated areas without altering engineering designs.

Engineering Modifications and Valuations in Construction

Understanding Major Metrado vs. Additional Work

  • The discussion begins with the need for a trapezoidal excavation due to unstable sandy terrain, indicating a change in engineering design that results in additional work rather than just increased measurement.
  • A scenario is presented regarding the extension of a drainage system's length due to project replanning. Participants debate whether this constitutes additional work or an increase in measurement, with some asserting it should be classified as major metrado.
  • Clarification is provided that neither the previous nor current regulations allow modifications to contracts by supervisors or engineers, emphasizing that authorizing major metrado is indeed a modification.

Engineering Design Changes and Their Implications

  • An example involving a retaining wall illustrates how changes in height (from 3m to 4.5m) and length (from 60m to 80m) may lead to discussions on whether these adjustments are considered major metrado or additional work.
  • The consensus leans towards classifying the changes as additional work due to significant alterations in engineering design, despite maintaining similar structural forms.

Valuation Processes for Major Metrado

  • Discussion shifts towards how junior engineers typically present valuations for major metrado similarly to indirect cost valuations, noting that general expenses are not included but profit margins are accounted for.
  • It’s highlighted that if these adjustments impact critical path items, they will likely result in extended project timelines and recognition of increased general costs—though not at the same percentage as those outlined in the main budget.

Deductive Additions and Cost Analysis

  • Introduction of deductive additions is explained; these are elements initially included in budgets but later replaced due to technical reasons—like changing from simple concrete channels to reinforced ones.
  • The concept of "deductivo vinculante" is clarified: while certain materials like concrete channels are budgeted, their replacement necessitates new agreements on pricing since they were not part of the original contract.

Pricing Adjustments and Material Costs

  • It’s emphasized that while utility percentages remain consistent between original budgets and additions, general expense percentages differ significantly between them.
  • New line items introduce materials not previously accounted for within the main contract; thus, prices must be negotiated carefully with supervisors involved to prevent inflated costs from contractors.
  • The process of adjusting material prices backdated using deflation methods ensures consistency across all pricing based on when initial budgets were created—highlighting meticulous financial management practices necessary for construction projects.

Understanding Price Indices and Budget Adjustments

Overview of Pricing and Budgeting

  • The speaker discusses the importance of unit prices in budgeting, emphasizing that these prices are based on the main budget's date.
  • A new base for price indices will be implemented starting January 2026, transitioning from a previous base established in 1992.
  • The updated price index system now includes 13 geographical areas instead of six, increasing the number of unified indices from 80 to 95.

Changes in Construction Price Indices

  • A formula for changing the base of price indices is provided, which is essential for accurate calculations moving forward.
  • New materials have been added to the updated dictionary of construction materials, reflecting changes in industry standards and practices.

Implementation and Compliance

  • The speaker highlights that adjustments must be made according to the new base as soon as it comes into effect; however, current indices for January will not be available until February 20th.
  • There may be complications regarding additional work hours due to ongoing projects that span multiple years; thus, careful consideration is needed when applying new pricing structures.

Regulatory Considerations

  • The regulation allows for a contractual amount variation up to 50%, which serves as a cap intended to maintain budgetary control.
  • Concerns are raised about entities approving additional claims that exceed this limit while still being below a net increase of 15%.

Discussion on Practical Applications

  • Participants are encouraged to analyze their own situations regarding additional claims and how they align with regulatory expectations.
  • The speaker clarifies that discussions around practical applications will occur in future sessions focused specifically on contract law rather than valuation exercises.

Future Sessions and Learning Opportunities

  • There is an invitation for participants to engage further by suggesting topics or questions they would like addressed in upcoming classes.

Session Wrap-Up and Future Evaluations

Conclusion of Current Session

  • The speaker indicates the session is concluding, requesting participants to communicate with the corporation for future information to avoid wasting time.

Acknowledgments and Next Steps

  • The engineer thanks participants for their engagement during the presentation and reminds them of the next class scheduled for February 5th at 7 PM.

Upcoming Evaluations

  • The second evaluation will be available today at 11 PM, lasting for 24 hours until tomorrow at the same time.
  • The third and final evaluation will also open on February 5th at 11 PM.

Participation Reminder

  • Participants are reminded to turn on their cameras for evidence collection purposes related to the College of Engineers.
  • Acknowledgment is given to various participants by name, fostering a sense of community and recognition within the group.