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What to do if there are defaults or delays?

Basic Concepts

Impass in public contracts ... Uff, a real headache for any company that gets into that eggplant. It is not just that the accounts bother you, they force you to become half detective and lawyer at the same time.

Let's see, the first thing here is to catch that all this roll is governed by administrative law - and yes, the famous public sector contract law. From there no one frees you. That law marks the pitch: what can you demand, what not, how you have to claim, etc. Not that you can jump steps, unfortunately.

Have you left you with a payment? Well, it's time to dust off the contract and read it as if it were the print of insurance. You have to look good for payment deadlines and what happens if you don't pay you. Eye, sometimes there are traps or strange things that then bundled it to you in court.

Then, if you see that the thing looks bad, there is no other than to prepare a formal claim and send it to the contracting body. Do it well, with everything tied: invoices, emails, any trace that shows that you have asked for money and go from you. Come on, don't leave a role to attach.

What if not a case? Well, to court. Fun? Zero. But there is no other. The story here is to know if you have to go to the Administrative Court or the civil court, it depends on the country and the jurisdiction (yes, more bureaucracy).

By the way, if you don't have a lawyer who controls this well, look for one before going to war. It is not land for fans, believe me. A good specialist knows how to squeeze where it hurts and can save you many dislikes ... and money.

In summary: If they leave you hung with a public payment, check the contract, claim well, do not cut yourself to seek legal help and, if necessary, give it cane in the courts. But above all, for next time, beware of signing contracts with pay conditions or very long deadlines. And if something smells weird, ask for advice before signing. That then the crying come.

Marta Jiménez

Marta Jiménez

Expert in public procurement • Digital transformation of tenders • Trainer and author at Tendios

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