Falta de protección del contratista ante retraso de cumplimiento de pago en contratos administrativos.

Abstract

The administrative contract generates rights and obligations, both for the contracting party and the contractor. However, by virtue of the protection of the public interest, the public administration has been granted certain powers that the contractor does not possess. Nevertheless, the contractor has been left without legal protection against payment by the public administration. The National Public Procurement Service Law states that only when the advance payment is accrued is the contractor in default. However, it does not provide for the legal effect of late payment. In other words, the Ecuadorian regulatory framework lacks a legal mechanism that obliges the public administration to pay default interest or to recognize any type of compensation to the contractor in the event of noncompliance with the established deadlines, which places contractors in a position of vulnerability in the event of payment delays.