Grupo México to Sue Federal Government Over Mayan Train

The consortium comprising Grupo México and Acciona Infraestructura will sue the Mexican government over a compensation fee offered by the latter for the cancellation of the companies’ construction contract for Section 5 South of the Mayan Train.

In February 2021, Grupo México and Acciona Infraestructura formed the consortium Desarrollo del Sureste Playa del Carmen-Tulum (DSPCT) to participate in the project’s development, which at that time was to cross the Federal Highway 307 with 67km of railway via an investment of US$914.4 million. However, in July 2022, the government announced that the Ministry of Defense (SEDENA) would develop sections 5, 6 and 7 instead, to finish the project in July 2023. After SEDENA took control of the project, it hired Mota-Engil, ICA and Azvindi to construct the new route that was moved inside the jungle.

However, on Nov. 21, 2022, El Reforma reported that the federal government is facing two lawsuits started by Grupo México and Acciona for the early termination of the contract. Previously, President López Obrador said that the government would seek an agreement since he admitted that the companies worked and invested in the project, and it was fair to compensate them for their efforts. “They ask for an amount and the National Fund for Tourism Development’s (FONATUR) technicians say that the amount they ask for is imprecise,” López Obrador said. 

According to the president, the companies declared they would not be able to conclude the project in the due time, which resulted in a breach of contract. Lòpez Obrador said that Germán Larrea, CEO, Grupo México, accepted the government proposal through which military engineers would issue a judgment to determine the amount FONATUR had to pay to the company. However, López Obrador admitted that it surprised him to read that company will continue its lawsuit against the Mexican government.

The first lawsuit was issued on Sept. 5, 2022, where the companies claimed an early termination of the contract. On Oct. 26, 2022, the companies issued the second lawsuit to revise the compensation made by FONATUR, which offered to pay US$1.9 million. 

López Obrador questioned the motive of the lawsuit, hinting that a recent dispute between the federal government and Grupo México may be behind the move. On Nov. 10, 2022, López Obrador said that a former National Water Commission (CONAGUA) officer granted a water concession to Grupo México’s Buenavista mine, as reported by MBN. The company refused the accusation arguing that it has not received any water concession during this administration. “I commented on the water issue, maybe that is the reason for the company’s response,” López Obrador added.