Análisis de las multas en los contratos de concesión vial en Colombia: una propuesta para una mayor eficiencia

Abstract

The National Agency for Infrastructure, in fulfilment of its duties according to Decree # 4165 of November 3rd, 2011, "By which changes the legal nature of the National Institute for Concessions (INCO), its denomination, and lays down other provisions of the INCO". It is in charge of the concession agreements of national-level infrastructure projects, their management, development, and technical support - legal and financial, which constitute one of the government’s duties for public interest to improve the effective delivery of services, which the government is in charge of. In order to achieve these goals, the agency enters into agreements with various concessionaries to create a penalty fee system, as a way of pressing the contractor, to punish them for breach of contract. The present work analyzes the impact of fines agreed upon concession contracts in light of the current legislation, in order to prove that its current application is failing. Therefore, it is necessary to seek an alternative way to punish the contractor’s breach of road concession agreements to fulfill the government’s purposes mandated on article 3rd of Law 80 of 1993.