Colombian court rules against cancellation of road PPP

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An arbitration court in Colombia has ruled that Sacyr, represented by its Colombian subsidiary, Concesionaria Vial Montes de María SAS, has to complete and assume the costs of the construction of the Puerta de Hierro-Palmar de Varela and Carreto-Cruz del Viso project, part of the Fourth Generation (4G) Toll Road Concession Programme.

The judicial process started on May 15, 2017, following Sacyr's claim that it was impossible to complete construction of the project due to unforeseen technical problems. The court ruled that the decision issued by the panel of independent arbitrators that obliged the concessionaire to execute the contract was totally valid and that the contractor could not withdraw from the project. 

The concession was awarded to Sacyr in 2015, with construction then expected to take 36 months. The company was contracted to design and construct upgrades to a 202km road corridor in the north-west of Colombia. The concessionaire secured US$238 million financing with the support of BTG Pactual but halted construction after discovering unstable soil containing a large amount of clay along the route of the road.

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