Applying FIDIC Contracts in Peru

Gray J.; Bravo J.; Alarcón G. · FIDIC Contracts in the Americas: A Practical Guide to Application (2023) · DOI: 10.4324/9781003201250-10

Resumen

This chapter outlines the legal environment in Peru – the constitutional structure, the legal system and the court system. It outlines the construction industry and discusses the impact of the COVID-19 pandemic on the execution of construction projects and the operation of construction contracts. Applicable legislation in Peru is identified for three situations: (1) the governing law is that of the jurisdiction, (2) the Site/Country is in the jurisdiction and (3) the ‘seat’ of the dispute determination is the jurisdiction. The specific requirements of applicable legislation in Peru are used to identify what Particular Conditions are necessary or desirable for consistency with applicable laws when (1) the governing law is that of the jurisdiction, (2) the Site/Country is in the jurisdiction and (3) the ‘seat’ of the dispute determination is the jurisdiction. Issues that a court or arbitrator may construe differently than expected from the words of the contract because of local law or custom are identified.