ICLG Construction & Engineering 2025: Chapter 3 – Argentina
Related practice areas: Dispute Resolution: Litigation
GLOBAL LEGAL GROUP – INTERNATIONAL COMPARATIVE LEGAL GUIDES
ICLG Construction & Engineering 2025 – 12th Edition: Chapter 3 – Argentina
1 Making Construction Projects
1.1 What are the standard types of construction contract in your jurisdiction? Do you have: (i) any contracts which place both design and construction obligations upon contractors; (ii) any forms of design-only contract; and/or (iii) any arrangement known as management contracting, with one main managing contractor and with the construction work done by a series of package contractors? (NB For ease of reference throughout the chapter, we refer to “construction contracts” as an abbreviation for construction and engineering contracts.)
Private construction contracts that involve design, construction, or both, fall under the definition of work contracts, governed by Articles 1251 to 1277 (the Construction Contract Provisions) of the National Civil and Commercial Code (CCC). Most of its provisions are non-mandatory, giving parties significant flexibility to define their contractual terms.
The Construction Contract Provisions do not specify whether a contractor’s responsibilities must encompass both design and construction, nor does it detail scenarios where a contractor is solely responsible for design. Parties are free to include both design and construction obligations within a single contract. It is common practice – similar to other jurisdictions – for employers and contractors to use contractual frameworks like engineering, procurement, and construction (EPC), engineering, procurement, and construction management (EPCM), or engineering, procurement, construction, and installation (EPCI) for their projects.
Regarding management contracting, Article 1254 of the CCC permits contractors to delegate their performance to third parties. This is common practice in Argentina, unless the nature of the obligation or a specific contractual clause requires the primary contractor to perform the work personally.
For public construction contracts, the applicable law varies based on the authority and/or jurisdiction executing the contract (e.g., national, provincial, municipal, or other entities).
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ICLG Construction & Engineering 2025: Chapter 3 - Argentina
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