The Administration will have the obligation to pay the price within sixty days following the date of issuance of the works certifications or the corresponding documents that prove the total or partial completion of the contract and, if it is delayed, it must pay the contractor. , upon compliance with said sixty-day period, late payment interest and compensation for collection costs in the terms provided in the Law that establishes measures to combat late payment in commercial operations. This circumstance operates imperatively by legal provision, without it being able to yield to any agreement between the parties that delays the payment of the contract price by more than sixty days, under penalty of said clause becoming null and void and, Therefore, it is considered not installed. The Judgment of the Superior Court of Justice of Madrid, Contentious Chamber Seat: Madrid Section: Date: // Appeal No.: / Resolution No.: / does not illustrate in this regard , in which Reason of Second Law , you can read: «The reason for opposition must be rejected.
Article , of the Civil Code on which the defendant Administration bases its position is not applicable in administrative contracting, since in administrative contracts the accrual of late payment interest due to delay in payment of what is owed by the Administration occurs ex lege, without the need for any Canada Mobile Number List manifestation from the creditor demonstrating his rejection of the tacit waiver of the interests regulated by the aforementioned provision of the Civil Code, and the reading of art. of the TRLCAP, from which it appears with crystal clarity that the accrual of late payment interest for the delay in the payment of what is due is automatic, and occurs by the simple passage of the deadlines established in that Public Administration contract legislation. What makes the contractor's consent firm are the concepts that make up the certification or the invoice, but not other different concepts that are not strictly part of it, and that is why in principle they do not have to be included in it, as is the case with the late payment interest accrued for the delay in payment of the principal of the invoices.
In the same sense and direction, Superior Court of Justice of Castilla y León de Burgos, Contentious-administrative Chamber, Section , Sentence / of December , , Rec. /: «And regarding the payment of late payment interest referred to in Law /, which establishes measures to combat late payment in commercial operations, the different Courts have also had the opportunity to rule, although as we have seen The TS has not been able to rule in the transcribed sentences on the interests of said Law / because it was prosecuted in the same contracts prior to said Law. And this has been done in detail by the STSJ of Madrid, Chamber of the Contentious-Administrative, sec. rd, dated --, No. /, issued in appeal no. / (Pte: Arana Azpitarte, Fátima), and with the following tenor: « SECOND.- For the correct resolution of the question raised, it must be assumed that, for chronological reasons, the regulations applicable to the present case in the case of delay in payment of work certifications were constituted by arts.