STABILITY OF THE WORK AND SUBROGATION OF THE CONTRACT FOR NON-COMPLIANCE IN STATE CONTRACTING

This article analyses of the contingent actions that the public administration can execute to guarantee the stability of the work in the face of subrogation events of the contractor derived from its non-compliance. based on the development of key issues such as the stability and quality of the work, which concerns insurance contracts and topics articulated as protections, contract assignment, exclusions, proportionality clause, the implications of the contract assignment versus the imposition of fines, subrogation and its nature. Using the method of analysis of legal texts with which the authors will bring up points such as regulation on guarantees in the construction contract, the effects against guarantees in the construction contract when the declaration of expiration or breach of contract is presented. The indivisibility of the guarantee, subrogation in guarantee issues, and the effectiveness of the guarantee, since the stability of the work against subrogation events of the contractor derived from breach is an issue that is analyzed from many perspectives, being among those the fiscal stability of the State, as well as the legal stability of the contracts that directly suffer from said breach. The new results allow us to permeate the discipline of state contracting to establish the actions available to the public administration when adverse events of non-compliance by the contractor occur, which affect the administration and the beneficiaries of the work.