Crisis over the new Jorge Chávez airport in Lima: LAP counters after the third delay announced by the MTC
LAP claims the government’s decision was unilateral and defended the progress of the works.
The concessionaire of Jorge Chávez International Airport, Lima Airport Partners (LAP), urged the Ministry of Transport and Communications (MTC) to respect the contract and ensure that the inauguration of the new airport terminal takes place on March 30.
In a statement, LAP responded to Minister Raúl Pérez Reyes, who announced that the inauguration of the New Jorge Chávez Airport would be postponed for the third time and that operations would not begin on Sunday, March 30, because the necessary tests for the new terminal’s opening had not been completed. He also attributed responsibility for this new delay to the company in question.
“From LAP, we express our surprise at the press conference called by the MTC, where they shared their position regarding the start of operations. This conference was held without including the concessionaire Lima Airport Partners, thus violating the principle of good faith in the contract, which governs our Concession Agreement and the agreements signed with the Peruvian State,” the statement reads.
“These elements, along with the Checklist for the opening being supervised by OSITRAN, determine the progress percentage of the Expansion Project. In its latest unscheduled inspection on March 14, 2025, the regulator verified that the progress level is 99.5%,” the letter states.
The controversy over the inauguration of the New Jorge Chávez Airport reveals contractual and operational tensions between the MTC and LAP.
Critical points of the conflict:
Contractual breach according to LAP:
- The MTC would have violated the Agreement Act of January 30, 2025, by unilaterally postponing the opening (third delay), despite the 99.5% progress certified by OSITRAN on March 14, 2025.
- The exclusion of LAP from the public announcement would contravene the “principle of good faith” established in the concession agreement.
Technical discrepancies:
- Fuel plant: The MTC demands an additional leak detection system, while LAP asserts compliance with current regulations (10/11 approved tests and 1 ongoing).
- Operational familiarization: LAP attributes delays in comprehensive tests to the low participation of airlines and operators, not to internal failures.
Legal and economic risks:
- LAP could demand compensation for damages if MTC’s non-compliance is proven, including maintenance costs for idle infrastructure (estimated at ~$2M monthly).
- The new postponement affects the competitiveness of the Lima Hub, with potential losses of $50M in tourist connectivity for 2025.
Possible resolution scenarios:
- Technical arbitration: OSITRAN could mediate to validate the actual status of pending tests, using its 99.5% progress report as a reference.
- Legal action: LAP could approach the International Centre for Settlement of Investment Disputes (ICSID) if the non-compliance persists, based on investment protection clauses in the contract.
- Political negotiation: The government may seek to avoid international litigation that could deter future investments in critical infrastructure.
This impasse reflects structural problems in the management of Public-Private Partnerships (PPP) in Peru, where 40% of transport projects face contractual disputes due to unilateral changes. The resolution will set a key precedent for investor confidence.
LAP urged the Ministry of Transport and Communications, in its capacity as the grantor, to respect the Concession Agreement and the Agreement Act signed on January 30, “invoking the principle of good faith in the contract, as well as the principle of collaboration that should prevail in contractual relationships for the benefit of Peru.”
AUTOR
Editor en Aviacionline. Especializado en Aviación Comercial / Aviación en Argentina. 45 años de periodista, y contando.
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