El incumplimiento de pagos en los contratos de obra pública desde una perspectiva del derecho administrativo.

Abstract

This work focuses on payment defaults in public works contracts involving the public administration and private contractors, highlighting the significance of public procurement in the acquisition of public works, goods, and services, particularly in infrastructure projects. The methodology employed in this research is analytical and descriptive. The methodological process entailed identifying and comprehending key concepts related to public works and administrative contracts. Essential and characteristic elements of these contracts were underscored, along with their importance in execution for the collective interest. The contracting process was analyzed across its distinct stages: preparatory, pre-contractual, and contractual. Public works contracts, within Administrative Law, encompass exceptional clauses that mirror the state's authority to intervene and ensure the effective compliance of the contractor, given that contractual non-compliance is a pivotal aspect due to its repercussions on public works. Lastly, the state's accountability is addressed in instances where breaches of contractual obligations occur as a result of corruption and mismanagement of public resources, and their impact on meeting the needs of the citizenry.