Author
Francisco Obando
Director
Costa Rica
E-mail
If you are planning to participate as a bidder in a major public works tender (such as highways, aqueducts, public buildings, ports, etc.), note that the Public Procurement Law (LGCP) requires the mandatory establishment of an Expert Committee as part of the dispute resolution mechanisms during contract execution.
What is an Expert Committee?
The Expert Committee, regulated under Article 117 of the LGCP, is designed to address disputes arising during the execution of public works contracts that cannot be resolved through direct negotiation. Its purpose is to ensure that contract execution continues without suspension.
It consists of qualified, impartial professionals (engineering, architecture, or related disciplines) who issue decisions on disputes and may also provide recommendations to prevent future conflicts.
What type of disputes does the committee handle?
The committee has jurisdiction over any dispute between the contracting parties, including delays, defects, or compliance issues in public works.
Who appoints the committee and how is it paid?
The committee must be established in the bidding documents and is an integral part of the contract.
- Collegiate committee: Each party appoints one member, and both appoint a third (chair).
- Unipersonal committee: A single expert jointly appointed.
The committee may be permanent (throughout the contract) or ad hoc (for specific disputes), and costs are shared equally by the parties.
Are the committee’s decisions binding?
Yes. Decisions are binding and must be executed immediately, although they may be challenged under the procedures established in the contract and regulations.
What are the benefits?
- Reduces litigation through early resolution.
- Allows contract execution to continue without interruption.
- Provides technical, expert, and independent decisions.
- Delivers results within relatively short timeframes (typically six weeks).
Key Takeaways
- Review bidding documents to confirm how the committee is structured.
- Assess whether dispute scope is appropriately defined.
- Evaluate whether a unipersonal or collegiate committee is more suitable.
- Identify qualified experts from accredited RAC centers.
- Use this mechanism to reduce disputes, costs, and litigation.
Conclusion
The Expert Committee is an effective mechanism for resolving technical disputes efficiently and objectively, preventing escalation into complex conflicts.
Its success depends on fostering a contractual culture that values technical solutions and collaboration over adversarial approaches.