Can the Administration or the contractor modify administrative contracts? As a result of the global pandemic, it is very likely that the Public Administration will need to modify, increase or decrease the object of the contracts it has signed, with the context of each public entity being very different, depending on the social function it…
Tag Archives: Public Law
As a rule, our Constitution requires administrative contracts to be managed through public tender or bidding. Public bidding is a transparent and competitive process that compels the Administration to widely advertise purchases of goods and services and promote healthy competition among interested companies. This is how the government ensures that contracts are awarded to the…
Traditionally, when an administrative contract is entered into, the contractor is guaranteed to obtain the economic benefit projected in its proposal, so that when this benefit is altered for reasons that are attributable to the Public Administration, or for reasons not attributable to it, but which are nevertheless subsequent, the contractor has the right and…
Meeting the delivery deadline agreed upon in an administrative contract may be significantly complicated by the pandemic that we are currently experiencing. Since this situation was not caused by the government, it is not in their hands to amend or correct the contract. In addition, complying with the term of execution of the contractual object is…
Due do the actual state of emergency declared by the Government and the corresponding guidelines that have been issued to prevent the Coronavirus (Covid-19) from spreading, its essential to know the main implications of this situation on tenders in process and contracts that are in execution under the Public Procurement Regulations. What happens with the…
With the outstanding involvement of four of our lawyers, BLP actively participated in the XIV Ibero-American Regulation Congress held in Medellín, Colombia on November 13-15. Our delegation was made up of partner Luis Ortiz, and attorneys Julio Castellanos, Francisco Obando, and Daniel Rodríguez, all of whom are specialists in Public Law, Public Procurement & Regulation, Banking & Finance, and…
For reasons of force majeure, or public interest, the Public Administration can declare the suspension of a contract (article 210 of the Public Contracting Regulations), the suspension of the contract’s term (207 of the Public Contracting Regulations) or even revoke the contract (article 11 of the Public Contracting Law and article 214 of its Regulations,…
Definition. What is contract rescission (termination)? It’s an unusual cause for contract termination. It’s caused by a variation in the agreed essential conditions which prevent contract performance, such as fortuitous event, force majeure or public interest reasons. Theses causes must be justified or proven. Termination is total. The parties dispense with the initial terms of the contract….