La Previsión y control del riesgo financiero en los contratos de concesión de obra pública y en asociaciones público privadas para la generación de infraestructura en el sector transporte en Colombia

Abstract

The purpose of this research article is to demonstrate the existence of a regulation present in Colombian public law in charge of controlling and mitigating the financial risk in the concession regime of public works in the road sector. In this way, an analysis of the most important laws that have regulated the concession regime of public works in the road sector will be carried out in order to demonstrate that there is a solid public policy that has led to the implementation of a coherent strategy as a result of experience. and the evolution for the control of this type of contractual risks, a policy that has become evident not only in traditional laws of public contracting but has also been present in the same law of public-private associations. In the same way, in addition to studying what the aforementioned policy has consisted of, its most important evolution will also be studied, which consists of revealing the financial instruments that have been legally instrumentalized for the control of this type of contractual risk, for this reason this investigation will strive in presenting the advances in the law of public-private associations in this matter and will analyze how innovative international strategies such as Project Finance have come to the country to encourage private investment in concession projects, to also configure a contractual risk management strategy. that impacts the traditional model foreseen in the concession of public works and that in turn redefines the traditional role of the parties that intervene in this type of contracts, especially in the concessions of 4 and 5 generation of road concessions, which will be developed under the public-private partnership scheme.