Thought Leaders

Attorney and Master in Laws from the Universidad Panamericana, Mexico City. Main Partner of COMAD, a prestigious Mexican law firm in the areas of construction law, public procurement and dispute resolution. Has acted as counsellor in transactional and dispute work, as well as dispute board and arbitrator in energy, transportation (highways, trains and airports) among many others. Former co-chair of the International Construction Projects Committee (ICP) of the IBA, and former Chair of the Construction Disputes Committee of ICC México. Author of “Construction Law in Mexico: perspectives and Challenges” published by Bosch Mexico.

How have you seen the evolution of construction law since you started to practise 25 years ago?

The evolution has been really interesting. When I started to work in construction law in Mexico in the mid-90s, I was not even aware that what I was doing was construction law. As years passed by, I got involved in the international arena, and I found more and more colleagues interested in developing this area, following the British and American models. Today, I see that construction law is a well known and respected area of law, with lots of sub-areas and opportunities in different jurisdictions.

Is this the case of Mexico too?

Mexico has been very slow in the recognition of construction law. In some way, it needs not only the participation of construction lawyers but engineers and architects who understand the legal issues and are interested in developing better legal conditions for the industry

Mexico is changing but I think we will still need some time for construction law to really become a well-developed area in order to face Mexican construction challenges.

Are you seeing an uptick in clients seeking dispute avoidance? In light of recent economic changes, do you think this will continue being a trend in the industry?

I think dispute avoidance will be a major trend in the economic slowdown that the world will suffer. Very few industries and companies will still support endless litigations and arbitrations that will bleed the parties financially. Construction lawyers will have to be very creative to attend to our clients’ needs.

How do you expect the legal principles in Mexico’s construction industry to change over the next few years?

As I say in my book Construction law in Mexico, Mexico needs to reconsider several of the matters connected with construction law principles. Currently, there are some initiatives to modify the Federal Public Works Law. In any case, it is important to say that the construction industry in Mexico is getting very slow except for certain “pharaonic” projects that the current government is promoting

It is difficult to forecast what will happen considering the current situation and future expectations of an important reduction of the GNP in Mexico.

How has covid-19 impacted the construction industry in Mexico and the nature of client demands?

Covid-19 was an additional burden for the Mexican construction industry that came with a very important fall in activity in the first quarter due to the Mexican government’s cancellation of public and private projects and other circumstances. I think that covid-19 will bring many discussions and opportunities for the construction industry, from health to operational and finally legal issues that we will have to resolve.

Has covid-19 had an impact on dispute boards? What has been your experience on dispute boards in central and south American projects?

Covid-19 has brought important challenges to dispute boards such as suspension of projects, and pending decisions to be rendered. In this sense, the use of technology has been very important. Calls, reports, drones, virtual hearings and e signatures, have been fundamental to making dispute boards work. I think that at some point this has made contact easier and more efficient

However, I think this will be a temporary relief since dispute boards need a presence at sites.

What do you think will be the future of the industry in the next years?

We are at the beginning of a new era due to several issues: financial crisis, need for infrastructure, and political turmoil, so I think the construction industry will have to be very careful to develop projects that are efficient from all points of view. Construction lawyers will have to evolve as the industry evolves, in order to keep on giving to the industry what they need and not what we think is needed.

Roberto Hernandez-Garcia is a Mexican attorney specialised in public and private construction projects, public procurement, and dispute resolution related to these areas of practice. He is a managing partner of COMAD, SC, a prestigious boutique law firm established in 1965 and based in Mexico City, with a focus on public procurement, construction and compliance in these areas.

Since 1989, he has advised top-class European, American and Mexican construction, engineering and architect firms in relevant construction projects in Mexico and Central America in the energy, oil, health, water, sewage, gas, petrochemical, parks, transportation, airports and building sectors, among others.

Mr Hernandez has been involved in many relevant complex construction projects, acting in different capacities. Such projects include the Central American Transmission line (SIEPAC); the Túnel Emisor Oriente (a 62-kilometre sewage tunnel in Mexico City and surrounding states); the Mexico City Metro Line 12; the Panama Canal; the construction of one of the most important buildings in Mexico City; the design and build of the largest brewery plant in Latin America, the New Mexico City Airport and the Mexico-Toluca train.

One of Mr Hernandez’s strengths in the construction area is his experience in dispute boards in Central and Latin America. He is the only Mexican and one of the very few Latin Americans appointed as sole adjudicators in projects in the region, and has been requested to speak and train in several Latin American countries on the topic because of his specific expertise. Projects include: Highways, bridges and sport facilities for international sport games.

Mr Hernandez has served as co-chair of the international construction projects committee of the IBA (ICP); chair of the construction disputes committee of ICC México. Currently he serves as a member of the steering committee of division 8: international construction, devised by the ABA's forum on construction law. He is also a member of the anticorruption group of the International Federation of Construction Chambers (FIIC).

Mr Hernandez is a fellow of the American College of Construction Lawyers and a fellow of the International Academy of Construction Lawyers.

Mr Hernandez has published several books as consulting editor and co-author, including International Public Procurement: A Guide to Best Practice, Construction and Infrastructure Disputes and Anticorruption Laws and Regulations: A Global Guide, all of them published by Globe Law and Business in London, England, and Dispute Boards in Latin America, published in Peru; he was also the consulting editor and co-author of the book Legal Aspects of Public Procurement in Mexico, published by the BMA; and he was a co-author of the book International Construction published by the ABA. He has been invited as a speaker in several countries by international institutions and organisations such as King’s College London, the IBA, the ABA, the ICC, the Peruvian University of Applied Sciences, the University of Lima, the Canadian Commercial Corporation, the OECD, the government of Brazil and the governments of Colombia, Guatemala, Paraguay and Chile, among many others in matters related to public procurement, construction and compliance.

Roberto Hernández-García is a Mexican attorney specialised in public and private construction projects, public procurement, and dispute resolution related to these areas of practice. He is a managing partner of COMAD, SC, a prestigious boutique law firm established in 1965 and based in Mexico City, with a focus on public procurement, construction and compliance in these areas.

Since 1989, he has advised top-class European, American and Mexican construction, engineering and architect firms in relevant construction projects in Mexico and Central America in the energy, oil, health, water, sewage, gas, petrochemical, parks, transportation, airports and building sectors, among others.

Mr Hernández has been involved in many relevant complex construction projects, acting in different capacities. Such projects include the Central American Transmission line (SIEPAC); the Tunel Emisor Oriente (a 62-kilometre sewage tunnel in Mexico City and surrounding states); the Mexico City Metro Line 12; the Panama Canal; the construction of one of the most important buildings in Mexico City; the design and build of the largest brewery plant in Latin America, the New Mexico City Airport and the Mexico-Toluca train.

One of Mr Hernández’ strengths in the construction area is his experience in dispute boards in Central and Latin America. He is the only Mexican and one of the very few Latin Americans appointed as sole adjudicators in projects in the region, and has been requested to speak and train in several Latin American countries on the topic because of his specific expertise. Projects include: Highways, bridges and sport facilities for international sport  games.

Mr Hernández has served as co-chair of the international construction projects committee of the IBA (ICP); chair of the construction disputes committee of ICC México. Currently he serves as a member of the steering committee of division 8: international construction, devised by the ABA's forum on construction law. He is also a member of the anticorruption group of the International Federation of Construction Chambers (FIIC)

Mr Hernandez is a fellow of the American College of Construction Lawyers and a fellow of the International Academy of Construction Lawyers.

Mr Hernández has published several books as consulting editor and co-author, including International Public Procurement: A Guide to Best Practice, Construction and Infrastructure Disputes and Anticorruption Laws and Regulations: A Global Guide, all of them published by Globe Law and Business in London, England, and Dispute Boards in Latin America, published in Perú; he was also the consulting editor and co-author of the book Legal Aspects of Public Procurement in Mexico, published by the BMA; and he was a co-author of the book International Construction published by the ABA. He has been invited as a speaker in several countries by international institutions and organisations such as King’s College London, the IBA, the ABA, the ICC, the Peruvian University of Applied Sciences, the University of Lima, the Canadian Commercial Corporation, the OECD, the government of Brazil and the government of Colombia, Guatemala, Paraguay and Chile, among many others in matters related to public procurement, construction and compliance.

Roberto Hernández-García is a Mexican attorney specialised in public and private construction projects, public procurement, and dispute resolution related to these areas of practice. He is a managing partner of COMAD, SC, a prestigious boutique law firm established in 1965 and based in Mexico City, with a focus on public procurement, construction and compliance in these areas.

Since 1989, he has advised top-class European, American and Mexican construction, engineering and architect firms in relevant construction projects in Mexico and Central America in the energy, oil, health, water, sewage, gas, petrochemical, parks, transportation, airports and building sectors, among others.

Mr Hernández has been involved in many relevant complex construction projects, acting in different capacities. Such projects include the Central American Transmission line (SIEPAC); the Túnel Emisor Oriente (a 62-kilometre sewage tunnel in Mexico City and surrounding states); the Mexico City Metro Line 12; the Panama Canal; the construction of one of the most important buildings in Mexico City; the design and build of the largest brewery plant in Latin America, the New Mexico City Airport and the Mexico-Toluca train.

One of Mr Hernández’s strengths in the construction area is his experience in dispute boards in Central and Latin America. He is the only Mexican and one of the very few Latin Americans appointed as sole adjudicators in projects in the region, and has been requested to speak and train in several Latin American countries on the topic because of his specific expertise. Projects include: Highways, bridges and sport facilities for international sport  games.

Mr Hernández has served as co-chair of the international construction projects committee of the IBA (ICP); chair of the construction disputes committee of ICC México. Currently he serves as a member of the steering committee of division 8: international construction, devised by the ABA's forum on construction law. He is also a member of the anticorruption group of the International Federation of Construction Chambers (FIIC)

Mr Hernández is a fellow of the American College of Construction Lawyers and a fellow of the International Academy of Construction Lawyers.

Mr Hernández has published several books as consulting editor and co-author, including International Public Procurement: A Guide to Best Practice, Construction and Infrastructure Disputes and Anticorruption Laws and Regulations: A Global Guide, all of them published by Globe Law and Business in London, England, and Dispute Boards in Latin America, published in Peru; he was also the consulting editor and co-author of the book Legal Aspects of Public Procurement in Mexico, published by the BMA; and he was a co-author of the book International Construction published by the ABA. He has been invited as a speaker in several countries by international institutions and organisations such as King’s College London, the IBA, the ABA, the ICC, the Peruvian University of Applied Sciences, the University of Lima, the Canadian Commercial Corporation, the OECD, the government of Brazil and the governments of Colombia, Guatemala, Paraguay and Chile, among many others in matters related to public procurement, construction and compliance.

Roberto Hernandez-Garcia is a Mexican attorney specialised in public and private construction projects, public procurement, and dispute resolution related to these areas of practice. He is a managing partner of COMAD, SC, a prestigious boutique law firm established in 1965 and based in Mexico City, with a focus on public procurement, construction and compliance in these areas.

Since 1989, he has advised top-class European, American and Mexican construction, engineering and architect firms in relevant construction projects in Mexico and Central America in the energy, oil, health, water, sewage, gas, petrochemical, parks, transportation, airports and building sectors, among others.

Mr Hernandez has been involved in many relevant complex construction projects, acting in different capacities. Such projects include the Central American Transmission line (SIEPAC); the Túnel Emisor Oriente (a 62-kilometre sewage tunnel in Mexico City and surrounding states); the Mexico City Metro Line 12; the Panama Canal; the construction of one of the most important buildings in Mexico City; the design and build of the largest brewery plant in Latin America, the New Mexico City Airport and the Mexico-Toluca train.

One of Mr Hernandez’s strengths in the construction area is his experience in dispute boards in Central and Latin America. He is the only Mexican and one of the very few Latin Americans appointed as sole adjudicators in projects in the region, and has been requested to speak and train in several Latin American countries on the topic because of his specific expertise. Projects include: Highways, bridges and sport facilities for international sport games.

Mr Hernandez has served as co-chair of the international construction projects committee of the IBA (ICP); chair of the construction disputes committee of ICC México. Currently he serves as a member of the steering committee of division 8: international construction, devised by the ABA's forum on construction law. He is also a member of the anticorruption group of the International Federation of Construction Chambers (FIIC).

Mr Hernandez is a fellow of the American College of Construction Lawyers and a fellow of the International Academy of Construction Lawyers.

Mr Hernandez has published several books as consulting editor and co-author, including International Public Procurement: A Guide to Best Practice, Construction and Infrastructure Disputes and Anticorruption Laws and Regulations: A Global Guide, all of them published by Globe Law and Business in London, England, and Dispute Boards in Latin America, published in Peru; he was also the consulting editor and co-author of the book Legal Aspects of Public Procurement in Mexico, published by the BMA; and he was a co-author of the book International Construction published by the ABA. He has been invited as a speaker in several countries by international institutions and organisations such as King’s College London, the IBA, the ABA, the ICC, the Peruvian University of Applied Sciences, the University of Lima, the Canadian Commercial Corporation, the OECD, the government of Brazil and the governments of Colombia, Guatemala, Paraguay and Chile, among many others in matters related to public procurement, construction and compliance.

Roberto Hernández-García is a Mexican attorney specialised in public and private construction projects, public procurement, and dispute resolution related to these areas of practice. He is a managing partner of COMAD, SC, a prestigious boutique law firm established in 1965 and based in Mexico City, with a focus on public procurement, construction and compliance in these areas.

Since 1989, he has advised top-class European, American and Mexican construction, engineering and architect firms in relevant construction projects in Mexico and Central America in the energy, oil, health, water, sewage, gas, petrochemical, parks, transportation, airports and building sectors, among others.

Mr Hernández has been involved in many relevant complex construction projects, acting in different capacities. Such projects include the Central American Transmission line (SIEPAC); the Tunel Emisor Oriente (a 62-kilometre sewage tunnel in Mexico City and surrounding states); the Mexico City Metro Line 12; the Panama Canal; the construction of one of the most important buildings in Mexico City; the design and build of the largest brewery plant in Latin America, the New Mexico City Airport and the Mexico-Toluca train.

One of Mr Hernández’ strengths in the construction area is his experience in dispute boards in Central and Latin America. He is the only Mexican and one of the very few Latin Americans appointed as sole adjudicators in projects in the region, and has been requested to speak and train in several Latin American countries on the topic because of his specific expertise. Projects include: Highways, bridges and sport facilities for international sport  games.

Mr Hernández has served as co-chair of the international construction projects committee of the IBA (ICP); chair of the construction disputes committee of ICC México. Currently he serves as a member of the steering committee of division 8: international construction, devised by the ABA's forum on construction law. He is also a member of the anticorruption group of the International Federation of Construction Chambers (FIIC)

Mr Hernandez is a fellow of the American College of Construction Lawyers and a fellow of the International Academy of Construction Lawyers.

Mr Hernández has published several books as consulting editor and co-author, including International Public Procurement: A Guide to Best Practice, Construction and Infrastructure Disputes and Anticorruption Laws and Regulations: A Global Guide, all of them published by Globe Law and Business in London, England, and Dispute Boards in Latin America, published in Perú; he was also the consulting editor and co-author of the book Legal Aspects of Public Procurement in Mexico, published by the BMA; and he was a co-author of the book International Construction published by the ABA. He has been invited as a speaker in several countries by international institutions and organisations such as King’s College London, the IBA, the ABA, the ICC, the Peruvian University of Applied Sciences, the University of Lima, the Canadian Commercial Corporation, the OECD, the government of Brazil and the government of Colombia, Guatemala, Paraguay and Chile, among many others in matters related to public procurement, construction and compliance.