El Project Management y su Configuración como Tipología Contractual en la Infraestructura Vial de Colombia.

Abstract

Law 80 of 1993 in its article 13, established that "[t]he contracts entered into by the entities referred to in article 2 of this statute shall be governed by the pertinent commercial and civil provisions, except in matters particularly regulated in this law", so that the general regulation on contracts found in the civil and commercial regulations, typical of private law, as an integral part of the state contracting rules. For its part, article 32 of the General Contracting Statute allows the conclusion of contracts provided for in private law or in special provisions, or derived from the exercise of autonomy of will, which in principle means that the State can agree on any named or unnamed, typical or atypical legal transaction. Despite the fact that the Colombian legal system empowers the State to enter into any contract in the aforementioned terms, the fact of giving a nomen iuris and its own legal regime to a contractual typology can be beneficial both for public entities and for future contractors, to the extent that the gaps in the stipulations can be filled by the normatively provided content, and because it is possible that the award is made through a mechanism that the legislator considers pertinent, which can prevent them from following the general rule of the tender , which in some cases entails great costs, and risks such as collusion between proponents. Based on the above idea, this paper will defend the hypothesis that it is pertinent to grant nomen iuris and its own legal regime to Project Management, a contract that today can be considered as atypical and unnamed, as an independent contractual typology. In our country, for the provision of public road infrastructure in order to materialize the New Public Management and thus achieve more efficient management in this area.