Introduction
Both individuals and companies must interact with the State at various times: public tenders, permits, regulations, inspections, among others. However, these processes are usually surrounded by legal formalisms that, if neglected, can lead to sanctions, nullities or economic losses. In this guide we analyse the most common mistakes when dealing with public entities and how to avoid them through specialised legal advice.
- Not knowing the applicable legal framework
One of the most frequent mistakes is to act without understanding the current regulations. Each relationship with the State – whether administrative, contractual or supervisory – is governed by specific laws such as:
The Organic Law on Public Procurement (LOSNCP)
The Organic Law of the Civil Service
The Organic Law on Jurisdictional Guarantees
SERCOP technical standards, among others
Solution: Have a lawyer who analyzes the legal context prior to any procedure or action.
- Submitting incomplete or incorrect documentation
Errors in forms, expired certificates, or poorly signed documents can generate:
Rejection of the procedure
Economic sanctions
Temporary disqualification from contracting with the State
Solution: Verify the requirements in advance and have legal support in the collection and review of documents.
- Failure to respond to requests within the legal deadlines
Public institutions usually issue notifications or requirements with peremptory deadlines. Ignoring these communications or responding late can have serious consequences.
Solution: Establish an active legal follow-up channel to respond in a timely manner and with solid arguments.
- Failure to pursue available legal remedies
Many people are unaware that they can appeal, challenge, or request review of unfavorable administrative decisions. Failure to take timely action can validate illegal acts.
Solution: Evaluate with a lawyer whether it is feasible to file appeals such as appeals, contentious-administrative lawsuits or constitutional actions.
- Ignoring the risks of informality
Informality or legal negligence vis-à-vis the State can lead to:
Administrative or criminal liability
Reputational damage
Impossibility of participating in public proceedings
Solution: Formalize all relations with the State under strict legal supervision, even in minor contracts or simple agreements.
- Relying on unprofessional recommendations
Following advice from untrained third parties can compound problems. Each case is unique and requires professional analysis.
Solution: Seek legal advice from lawyers with experience in public or administrative law.
Conclusion
Dealing with the State in Ecuador requires precision, legality and strategy. Avoiding common mistakes not only protects your interests, but also ensures healthy and effective institutional relationships. At Expert Lawyers, we offer you the legal support you need to face any administrative process with confidence.
Do you need legal support from the State?
We help you with:
Defense in sanctions or administrative proceedings
Advice on tenders and public procurement
Legal challenges to arbitrary decisions
📞 Schedule your consultation today with our expert attorneys.
