Análisis jurídico del contratista ante el retraso del cumplimiento del pago en los contratos públicos

Abstract

This study will examine the legal implications that contractors face when public entities delay payments under government contracts. This situation occurs frequently in Ecuador’s public procurement system and generates financial, operational, and legal difficulties for contractors responsible for providing works, goods, or services. Payment delays violate principles such as good faith, economic balance, and legal certainty, which may lead to project interruptions and disputes with public administration. It will adopt a mixed-method approach, combining documentary analysis with surveys conducted among contractors, in order to identify the main causes of payment delays, their effects, and the legal remedies available. Additionally, comparative legislation from other Latin American countries will be examined to contrast regulatory approaches. The purpose of this study will be to understand the scope of this problem and to contribute to strengthening contractor protection and improving efficiency in public contract execution.