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Dispute Boards in LatAm

Infrastructure in Latin America

When projects define lives, not calendars

In much of Latin America, talking about infrastructure is not a technical exercise. It is a moral one. Unlike in developed countries, where a failed project may mean delays or inconvenience, in our region the impact is existential: isolated communities, hospitals that are never built, schools that never open, and limited access to drinking water or electricity. It is the difference between inconvenience and progress and, in too many cases, between safety and survival.

That reality was the starting point of my reflection this week on the shared challenges in infrastructure development.

Infrastructure as the foundation of progress

Roads, water, energy, and public services are not luxuries. They are the foundation that sustains commerce, health, education, and economic growth. Our projects face three great challenges —a true “CV” of vulnerabilities— that determine their fate:

  • Legal security, which guarantees clear and enforceable contracts.
  • Physical security, which protects workers and communities.
  • Financial security, which ensures that what is started gets finished.

If any of these elements fails, the project falters.

The culture of distrust

One of the most critical problems is the institutionalized distrust we inherited from episodes of corruption —not only because of what happened (or did not), but because the distrust, which already existed, is today greater in many places. This paradigm paralyzes decisions, delays change orders, discourages investment, and makes every procedure seem suspicious.

The question is inevitable: How do we develop infrastructure in this environment? Should the environment improve? Or is it a combination of both?

Latin American engineering: resilience and creativity

Far from being a problem of talent, our engineers do more with less. They operate in complex geographies, with limited resources, and under constant social pressure. The example of a bridge in the Peruvian jungle, built with local ingenuity to connect isolated communities, demonstrates that the technical capacity exists. What is missing is a system that does not penalize efficient and transparent management based on international best practices.

Dispute Boards: a prevention tool

In this context, Dispute Boards have emerged as a highly effective prevention mechanism. Their strength lies in their simplicity: committees made up of trained professionals with relevant experience, who accompany the project from the outset, identify risks, and resolve differences before they escalate.

The risk in Latin America is not to “tropicalize” the model, as long as that adaptation respects its essential values and reasonably conforms to local legal and commercial frameworks. The problem arises when the system is overloaded with unnecessary regulatory layers or with rules that violate the “Golden Principles” and international best practices. In that case, the model is denatured and condemned to failure —for everyone.

The Peruvian example confirms it: a Dispute Board prevented the stoppage of a sanitation project, allowing a community to access drinking water on time. When the model works, the impact is real, measurable, and transformative.

And there are many more examples —in Peru and throughout the region— based on verifiable information, not on fables.

Shared responsibility

Developers, contractors, suppliers, officials, multilateral organizations, and the professionals who support them: we all play an essential role. The consequences of failing are not abstract; they affect lives. That is why the responsibility is collective and, in this field, far greater. Indifference is not an option.

Humility to learn and improve

The path requires humility. No one has all the answers. Sustainable progress is achieved when we learn, correct, share, and build traditions of commitment and collaboration.

Sowing to harvest infrastructure that transforms

The agricultural metaphor I used in my reflection captures the essence of prevention work: to sow today so that others may harvest tomorrow. For fifteen years, a group of 8–10 professionals —mostly from the region— have been sowing practices of prevention and early dispute resolution in infrastructure and construction. Today those efforts are flourishing in stronger institutions and projects that reach completion.

May the expansion of the model keep growing throughout Latin America. May we keep sowing infrastructure that brings light, water, health, mobility, and opportunity.

Because in Latin America, a well-done project does transform lives.

The information in this article is for general informational purposes only and does not constitute legal advice.

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Field notes on construction and infrastructure across the Americas — dispute prevention, cross-border risk, and the engineering behind the law.

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