Administrative Law
Administrative Law in Cali
We advise individuals, companies and entities in their dealings with the public administration: in public procurement, in the defense of disciplinary proceedings, in claims for damage attributable to the State and in proceedings before national and local authorities.
Schedule a consultationPublic Procurement
We advise contractors and entities in selection processes and during the performance, amendment and final settlement of public contracts. We review bidding documents and draft contracts, prepare comments and responses to requests, and support proceedings over alleged breaches. If a dispute arises, we assess the applicable dispute resolution mechanisms and the appropriate judicial path.
Disciplinary Proceedings
We represent public servants and private individuals subject to the disciplinary regime at the different stages of the proceeding and in any available appeals. We review the case file, request and challenge evidence, and prepare the defense and the formal response to charges (descargos) at the appropriate procedural stage, with attention to due process and the right of defense.
State Liability
When a person suffers damage they have no legal duty to bear and that can be attributed to an action or omission of the State, they may be entitled to claim compensation. We assess the facts, the evidence and the grounds for liability, and determine the appropriate path. We handle conciliation before the Procuraduría when it is required and judicial representation when appropriate. From the outset, we review the time limits for filing the claim or the lawsuit.
Proceedings Before Public Entities
We prepare petitions (derechos de petición), requests and appeals against administrative acts before national and local entities. If an administrative act affects a right, we examine its legality and whether an action for annulment and restoration of rights (nulidad y restablecimiento del derecho) is available, including the appeals and requirements that must be met before going to court.
Who Handles Administrative Matters
Administrative matters are led by Giovanni Sánchez Espinosa, a specialist in Public Law and a university professor. Nefferi Vivian Rizo Molina supports the cases that go to litigation.
Coverage
We meet in person at our office in Cali, in the Edificio Alcalá (Carrera 3 No. 7-75, office 504), and online anywhere in Colombia, by appointment from Monday to Friday, 8:00 a.m. to 5:00 p.m.
Frequently Asked Questions
Do you have to attempt conciliation before suing the State?
As a general rule, yes, when the matter can be conciliated and the claim is for direct reparation (reparación directa), annulment and restoration of rights, or contractual disputes. The procedure takes place before the Procuraduría. There are exceptions and cases in which conciliation is optional, so we review this requirement based on the claims and the particulars of the matter.
How long do you have to claim for damage attributable to the State?
The time limit depends on the applicable legal path and the circumstances of the case. It must also be established from what moment it runs. If the limitation period (caducidad) expires, the opportunity to obtain a court decision on the claim may be lost. It is advisable to seek advice early and keep the available documents and evidence.
What should I do if I am notified that a disciplinary proceeding has been opened?
Keep the notice and its attachments, note when and how you received it, and seek advice to review the case file and the deadlines you must meet. As the person under investigation, you have the right to access the proceeding, appoint a defense attorney, request and challenge evidence and exercise your defense. The formal response to charges (descargos) is filed at the corresponding procedural stage.
Can a government contractor be sanctioned or fined?
Yes, when the applicable regime and the contract allow it. The entity may impose agreed fines, declare a breach and enforce the penalty clause, with respect for due process and the right of defense. We review the entity’s authority, the procedure and the grounds for the decision to determine the appeals and legal actions available.
Do you handle matters outside Cali?
Yes. We offer online service anywhere in Colombia and representation in matters before authorities in other cities. Depending on the procedure, we coordinate the online or in-person steps required.
If you have a matter with a public entity, schedule a consultation to review the documents, the applicable time limits and the legal options in your case.