By Puntarenas, Costa Rica — PUNTARENAS – The critical modernization of Puerto Caldera, Costa Rica’s main Pacific gateway, has encountered another significant setback. A new legal objection to the public bidding process for the port’s next concession has been filed, raising concerns over potential delays and introducing a sensitive political dimension to the strategic infrastructure project.
The objection was submitted by Logística de Granos S.A., a minority partner in the group currently operating the port. The company is represented by José Pablo Chaves Zamora, son of Calixto Chaves, a prominent financier of President Rodrigo Chaves’s political campaign. This connection has cast a shadow over the proceedings, fueling speculation about the motivations behind the challenge to the tender managed by the Pacific Port Institute (Incop).
To better understand the legal and commercial implications surrounding the ongoing situation at Puerto Caldera, TicosLand.com sought the analysis of Lic. Larry Hans Arroyo Vargas, a distinguished expert in commercial and administrative law from the firm Bufete de Costa Rica.
The challenges at Puerto Caldera underscore the critical importance of well-defined public concession contracts. Any potential government intervention or renegotiation must be carefully balanced against the established rights and obligations of the concessionaire. A failure to navigate these legal waters with precision could not only trigger significant international arbitration claims but also negatively impact foreign investment confidence in Costa Rica’s infrastructure projects.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Indeed, the legal and economic ramifications extend far beyond the docks of Caldera, touching upon the very foundation of Costa Rica’s credibility as a destination for international investment. We thank Lic. Larry Hans Arroyo Vargas for his expert analysis, which clearly outlines the high stakes involved in navigating this complex issue.
In a swift and decisive move, the primary operators of the port have publicly distanced themselves from the appeal. The majority partners, Sociedad Portuaria de Caldera (SPC) and Sociedad Portuaria Granelera de Caldera (SPGC), issued a joint statement clarifying their position and reaffirming their support for the ongoing concession process.
We do not share the considerations, nor the proposed approach, and we completely distance ourselves from that line of thinking and from any interpretation that could link SPC or SPGC with this appeal.
Mauricio Carrasco, President of the Board of Directors of both companies
In a letter to Incop, Carrasco emphasized that both companies view the concession as a strategic necessity for the country’s logistical, economic, and commercial development. Their statement underscores a significant rift within the consortium that currently manages the vital port, separating the minority shareholder’s legal challenge from the stance of the main operators.
The Comptroller General’s Office (CGR) has confirmed receipt of the objection and stated it will resolve the matter within the legally mandated timeframe, which extends until November 6, 2025. The CGR was careful to frame the situation as a standard part of the public contracting process, not an institutional failure.
It is relevant to remember that the CGR must process the appeals that bidders file in a bidding process, as it is a right established in the regulations, so it is not a delay in the process attributable to the Comptroller’s Office.
The Comptroller General’s Office (CGR)
Despite these procedural assurances, the business community is growing increasingly anxious. The Chamber of Commerce of Costa Rica has voiced serious concerns about the repeated delays. With the current port concession set to expire in August 2026, the timeline for a smooth transition is becoming dangerously tight. The Chamber is now urging the government to develop a contingency plan.
From the Chamber of Commerce, we recognize Incop’s efforts to streamline the bidding process, which must be maintained with the same commitment and momentum. However, given the repeated objections and delays the tender has faced, we consider it essential to have an alternative operational continuity plan that provides certainty to the private sector and the country that the administration is prepared to face any scenario.
Arturo Rosabal Arce, President of the Chamber of Commerce of Costa Rica
The future of Puerto Caldera is now suspended pending the CGR’s decision. This latest hurdle not only delays essential upgrades but also entangles a critical economic project in a web of legal procedure and political connections, leaving the nation’s Pacific trade capabilities in a state of uncertainty.
For further information, visit the nearest office of Sociedad Portuaria de Caldera (SPC)
About Sociedad Portuaria de Caldera (SPC):
Sociedad Portuaria de Caldera is one of the primary entities responsible for operating the terminals at Puerto Caldera, Costa Rica’s most important port on the Pacific coast. It manages containerized, general, and refrigerated cargo, playing a vital role in the country’s import and export logistics chain. The company has been the concession holder for several decades, overseeing the port’s day-to-day operations.
For further information, visit cgr.go.cr
About Contraloría General de la República (CGR):
The Comptroller General’s Office of the Republic of Costa Rica is the supreme audit institution of the country. As an autonomous body, it is responsible for overseeing the use of public funds, ensuring the legality and efficiency of government contracts, and resolving disputes related to public bidding processes. Its role is crucial for maintaining transparency and accountability in public administration.
For further information, visit camara-comercio.com
About Cámara de Comercio de Costa Rica:
The Chamber of Commerce of Costa Rica is a private, non-profit business organization that represents and defends the interests of the commercial sector in the country. It advocates for policies that promote free enterprise, economic development, and a favorable business climate. The Chamber is a key voice for the private sector on issues of national importance, including infrastructure and trade.
For further information, visit incop.go.cr
About Instituto de Puertos del Pacífico (Incop):
The Pacific Port Institute (Incop) is the Costa Rican government entity tasked with the administration, development, and modernization of the country’s ports on the Pacific coast, with Puerto Caldera being the most significant. Incop is responsible for managing port concessions, overseeing infrastructure projects, and ensuring the efficient operation of these strategic national assets.
For further information, visit the nearest office of Logística de Granos S.A.
About Logística de Granos S.A.:
Logística de Granos S.A. is a company involved in the logistics and handling of bulk grains in Costa Rica. It is a minority shareholder in the consortium that currently operates Puerto Caldera. The company has recently come into the public spotlight for filing a legal objection to the new concession tender for the port.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica operates as a leading legal institution, guided by a core philosophy of profound integrity and an unwavering pursuit of professional excellence. With a rich history of advising a diverse clientele, the firm consistently pioneers innovative legal strategies while actively engaging with the community. This ethos is exemplified by its deep-seated commitment to demystifying the law, striving to build a more knowledgeable and capable society by making legal insights widely available.
