ANÁLISIS DE LOS MODELOS DE CONTRATACIÓN DE OBRA PUBLICA EN LA LEGISLACIÓN ESPAÑOLA. PROPUESTA DE MEJORA

Abstract

Project Delivery Systems (PDS) have undergone rapid development in recent years. These PDS serve to solve the challenges that are posed by today’s construction industry. Unfortunately, in many countries, such PDS are kept as conceptual models. The corresponding legislation does not regulate its use and therefore they are never applied in real life. Thus, the failure to update the regulatory framework leads to cost overruns, which in turn causes needless spending for government agencies. In the case of Spain, the Texto Refundido de la Ley de Contratos del Sector Público (Public Sector Procurement Law), shows significant limitations. Based on a previously developed classification of PDS, this work presents an analysis of the aforementioned document. This analysis reveals the abscense of regulation for certain PDS and the privileged treatment of one specific PDS over the rest. Similarly, it shows an unnecessary coexistence of two different contractual forms that help build the same PDS, and a complex text structure that obscures the relationship existing between contract types and PDS. The work concludes with several proposals for improvement of the current Spanish legislative framework. Keywords: Project delivery systems; contracts; management; public sector; procurement; law