La responsabilidad del estado frente al incumplimiento contractual en la construcción vial

Abstract

The study of the State's responsibility in the face of contractual non-compliance in the field of road construction is of utmost importance due to the relevance of road infrastructure in the economic and social development of a country. The State, as the contractor in construction projects, has the obligation to comply with the commitments established in the contracts signed with construction companies and other actors involved. The State's failure to comply with its contractual obligations not only affects the execution of the works, but can also lead to economic damages to the contracting companies, generate delays in public infrastructure, and, consequently, affect the well-being of citizens.

This issue is particularly relevant in developing countries, where road infrastructure is an essential pillar for connectivity, the economy, and mobility. The lack of clear mechanisms of responsibility and sanction in the event of non-compliance with contracts by the State can generate legal uncertainty, economic damages, and distrust in administrative and judicial processes. This study seeks to analyze and understand the legal implications of state liability, establish the legal consequences arising from such non-compliance, and propose possible solutions to ensure compliance with the State's contractual commitments.