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    Contratos de colaboración empresarial para la ejecución de proyectos en Colombia
    (Universidad EAFIT, 2025) Arroyave Montoya, Jhonatan Darío; Henao Arango, María Cecilia
    Business collaboration contracts have different legal regimes, some of which are regulated by Colombian legislation, which are called typical contracts, and others are regulated by Decrees or agreements or are perfected by the simple fact of having the signature of the parties interested in making the contract, which are called atypical. Collaboration between organizations, whether public or private, has a wide range of options to choose the type of contract that best suits them, according to the project to be executed and each of these has the possibility of adapting to the circumstances or needs of the parties. The Commercial Code presents a different vision of the legal business, than the Civil Code, in terms of the criteria and classification of the legal act, which has led the commercial legislator to adopt theories or propose to improve or update some of the rules and laws that exist in the area. Business collaboration contracts are used to develop specific and temporary activities or tasks, which do not have the intention of becoming a permanent commercial partnership, but rather seek to execute large-scale projects, for which it is necessary to minimize risks, in addition to the advantages that come with aspects such as sharing knowledge, technology, assets, tools, machinery and services, among others, with those who meet the proposed objective, which is to complete the work for which they formed the alliance. The case study analyzes an infrastructure project, with the Public-Private Partnership contract, PP.P, which is a model of linking private capital to execute public structures, taking into account the need of the State to offer goods and services for the benefit of the community. The PP.P contract was regulated in the Colombian legal system, under Law 1508 of 2012, in which it is configured as a type of contractual relationship for large-scale works that are executed between the state and private companies. As public initiatives, the formulating entity is responsible for clearly and in detail defining the essential elements for an investment project, such as the community's interest in the project, the needs of the population impacted by the project, the strategies to satisfy them, the objectives and goals. All of this is done in an accurate assessment of the economic, environmental and social benefits that it generates, both for the community and for the state. For these reasons, the state entity must make an adequate analysis of technical alternatives and transactional schemes, in order to achieve the proposed objectives, taking into account everything that involves the affected population and not only the advantages and benefits that the project brings to the nation. This stage is developed with the participation of community representatives, professionals in different disciplines for the awareness stage, their governors, experts with experience in similar projects, companies and entities that are part of the APP and other entities that can make contributions in this phase, since any detailed study or additional information will always help each of these activities to be as truthful as possible, as a way to reduce the risks so that the tasks that have to be executed in the next one are more accurate, that is, so that there are no traumas or unforeseen events that affect the continuity and progress of the project. The APP La Dorada - Chiriguaná project has been executed in compliance with the structuring stages and advancing in the selection process of the successful bidder, so it is essential to ensure transparency and efficiency in the selection stage and the subsequent awarding of the contract to guarantee the success of the project in its implementation phase. It has been necessary to make changes to the schedule due to the high complexity of the project structure, which has been an opportunity for private parties interested in participating to make observations on the specifications that have been incorporated with clear rules for participants in each of the stages of the process.