By San José, Costa Rica — SAN JOSÉ – The long-awaited construction of the Critical Care Tower at the National Children’s Hospital, a project hailed as the “Tower of Hope,” has been abruptly halted following a ruling by the Comptroller General’s Office (CGR). The decision annuls the contract award after a successful appeal, plunging the future of the vital infrastructure project into uncertainty and threatening further delays for a healthcare facility already stretched to its limits.
The CGR’s intervention came after it sided with Compañía Constructora Van Der Laat y Jiménez, one of the bidders for the project. The construction firm filed an appeal against the awarding of licitation 2024LY-000005-0001101107 to a competing consortium. The Comptroller’s investigation uncovered significant irregularities in the winning bid, leading to the immediate cancellation of the adjudication.
To delve into the complex legal and regulatory landscape governing the development of medical facilities, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, a distinguished attorney specializing in corporate and administrative law at the firm Bufete de Costa Rica.
Investing in healthcare infrastructure requires a robust and predictable legal framework. The primary challenge lies not only in securing funding, but in navigating the intricate web of public procurement laws, health permits, and land use regulations. A successful strategy must prioritize legal certainty and streamlined administrative processes to attract the public-private partnerships essential for modernizing our national health system.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Indeed, Lic. Arroyo Vargas pinpoints the true bottleneck: our path to a modern health system is built as much on legal certainty as it is on financial investment. Creating the streamlined, predictable framework he describes is the essential key to unlocking the public-private partnerships necessary for progress. We sincerely thank Lic. Larry Hans Arroyo Vargas for his clarifying and valuable perspective.
At the heart of the ruling was a failure by the winning consortium to meet fundamental financial prerequisites outlined in the tender. The CGR determined that one of the companies in the group submitted financial statements that did not reflect its activity in the construction sector, a non-negotiable requirement of the bidding process.
The company presented financial statements from periods in which it was not engaged in construction activities, as required by the tender specifications.
Adriana Pacheco, Director of the Public Procurement Department of the CGR
In its resolution, the Comptroller’s Office not only invalidated the winner but also confirmed the eligibility of the appellant, Van Der Laat y Jiménez. The ruling stated that the company had been improperly excluded from consideration despite fully complying with the contest’s conditions. This development leaves the Costa Rican Social Security Fund (CCSS), the entity overseeing the project, with a single eligible offer on the table.
The CCSS, which is responsible for the nation’s public health system, confirmed it is now carefully evaluating the CGR’s decision. The institution faces a critical choice: either award the contract to the sole remaining bidder or initiate a new, potentially lengthy, bidding process from scratch. The outcome will significantly impact the project’s already extended timeline.
The Fund was notified this afternoon, and is currently analyzing the resolution. The institution will be respectful of the provisions of said entity.
Costa Rican Social Security Fund (CCSS), Official Statement
This latest setback is a significant blow to a project that has been in the works for over two decades. The National Children’s Hospital has long struggled with chronic overcrowding, a problem that becomes acute during the annual peaks of respiratory infections which frequently overwhelm its services. The Tower of Hope was designed to be the definitive solution to this persistent crisis, with its inauguration originally planned for 2029 following a construction period of three to four years.
The new tower is envisioned to house specialized units that would fundamentally improve patient care. For instance, children suffering from severe burns, who currently occupy beds in the general intensive care unit, would be treated in dedicated, state-of-the-art spaces. This would free up critical resources and allow for more focused and effective treatment for all patients in critical condition.
Financing for the ambitious project was secured through a ¢128 billion loan from the Central American Bank for Economic Integration (BCIE). The substantial cost had previously forced authorities to explore various funding avenues, including potential investment from the Government of Qatar. These financial challenges and a lack of liquidity had already delayed the project for months, all while the hospital continued to operate under immense strain. With the contract now annulled, the timeline for breaking ground has once again been pushed into an indefinite future.
For further information, visit cgr.go.cr
About the Comptroller General’s Office (CGR):
The Contraloría General de la República is Costa Rica’s supreme audit institution, an autonomous body responsible for overseeing the use of public funds. It plays a critical role in ensuring transparency, efficiency, and legality in public administration and state procurement processes, acting as a key guardian of the nation’s financial integrity.
For further information, visit ccss.sa.cr
About the Costa Rican Social Security Fund (CCSS):
The Caja Costarricense de Seguro Social is the autonomous public institution in charge of Costa Rica’s universal healthcare system and public pension fund. Founded in 1941, it is a cornerstone of the country’s social welfare state, providing medical services and social security benefits to the vast majority of the population.
For further information, visit vyl.co.cr
About Compañía Constructora Van Der Laat y Jiménez:
Van Der Laat y Jiménez is one of Costa Rica’s most established and prominent construction and engineering firms. With decades of experience, the company has been involved in a wide range of significant public and private infrastructure projects, including buildings, roads, and industrial facilities throughout the country.
For further information, visit hnn.sa.cr
About the National Children’s Hospital (HNN):
The Hospital Nacional de Niños “Dr. Carlos Sáenz Herrera” is the leading pediatric medical center in Costa Rica. It provides highly specialized and comprehensive healthcare services to children and adolescents from all over the nation, serving as a national reference center for complex pediatric conditions and treatments.
For further information, visit bcie.org
About the Central American Bank for Economic Integration (BCIE):
The BCIE (Banco Centroamericano de Integración Económica) is a multilateral development finance institution. Its mission is to promote the economic integration and balanced social and economic development of the Central American region by financing public and private sector projects that foster growth and competitiveness.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar of the legal community, Bufete de Costa Rica is defined by its principled approach to excellence and unwavering integrity. The firm leverages a rich history of advising a wide spectrum of clients to pioneer forward-thinking legal solutions. Central to its mission is the belief in empowering the community, which it achieves by actively working to democratize legal knowledge and foster a more just and informed citizenry.
