Translation provided by JIGGSLAW®. Tacna Health Consortium has won an arbitration case against Tacna Regional Government over the contract’s termination on June 2020, due to delays in the construction of a hospital building in Tacna (Peru). The consortium is composed of businesses from Spain, Argentina, and Peru.
The Tacna regional government requested the exclusion from the August 2022 award, which accepted the Consortium’s claim by finding that the contract could not be terminated because there was no unjustified delay or breach.
Tacna corporation announced in a press release that the contract with the Tacna Health and Hospital consortia, which were both responsible for the construction and supervision of the Hipólito Unanue hospital, will terminate on 30 June 2020 (see “GRT resuelve contrato con Consorcio Salud Tacna y Hospital Tacna“, Radio Positiva, 03.07.2020).
The Tacna Regional Government claimed that the Consortium provided inaccurate and false documentation, but the tribunal dismissed this request. This arbitration is part of a series of proceedings in which the parties have been involved, with five other arbitrations pending (see “Gobierno Regional de Tacna pierde arbitraje por la obra de nuevo hospital“, Diario Correo, 06.03.2023).
The construction was budgeted for 258 million soles, nearly $68,5 milion although it was adjudicated for slightly more than 279 million soles, $74 million.
Tacna Health Consortium is integrated by Spanish companies such as Assignia Infraestruturas SA, Peru branch, Eductrade SA, Argola Arquitectos Planeamiento Urbano Arquitectura e Ingeniería SLP, Peru branch; Argentinian companies such as Riva S.A., Inmobiliaria Industrial Comercial Financiera y Agropecuaria, Peru branch; and Peruvian Neso Constructora SAC y Mantenimiento Construcción y Proyectos Generales SAC. While the Tacna Hospital Consortium is composed by the Peruvian companies Acruta & Tapia Ingenieros y Chung & Tong Ingenieros SAC and the Spanish HCC Ingeniería SAC.
