Government contracts: no statutory basis for the clause, no amparo
Administrative contracts. Clauses in favor of the authority that are not provided for and regulated by statute are not exorbitant clauses, so acts carried out under them are not acts of authority for amparo purposes.
Official heading (Spanish): CONTRATOS ADMINISTRATIVOS. LAS CLÁUSULAS ESTIPULADAS A FAVOR DE LA AUTORIDAD QUE NO ESTÉN PREVISTAS Y REGULADAS EN UNA LEY NO SON EXORBITANTES, POR LO QUE LOS ACTOS DERIVADOS DE SU EJECUCIÓN NO CONSTITUYEN ACTOS DE AUTORIDAD PARA EFECTOS DEL JUICIO DE AMPARO.
The ruling
A company holding the waste-collection concession in San Pedro Cholula, Puebla, sought amparo against the temporary takeover of the service ordered by the municipal operator under the contract. The Collegiate Circuit Court held that, since that power had no statutory basis, it was a contractual act between equals rather than an act of authority.
Our take
The ruling holds a paradox worth understanding before signing. The weaker the statutory basis for a government prerogative, the less constitutional protection the company has against it: amparo is unavailable and only the slower contractual route remains. It affects concessionaires and public-sector suppliers, especially at the municipal level, where contracts often grant takeover, termination or intervention powers without a clear legal basis. In our view, the defense is built at the negotiating table: agree on deadlines, grounds and procedure, and define the forum for disputes from the outset.
What to do
- Map unilateral government powers in public contracts and check whether a statute supports them.
- Negotiate procedure, grounds and timelines for takeover or termination, including a prior hearing.
- Specify the dispute-resolution route and competent court in the contract.
Details
- Court
- Tribunales Colegiados de Circuito
- Type
- Isolated precedent
- Identifier
- VI.3o.A.68 A (12a.)
- Digital registry
- 2032839
- Published
- October 30, 2026
- Area
- Amparo and constitutional
- View official source ↗
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Prepared by Artegia for information only; not legal advice. Headings in English are unofficial translations. The official text is the one published in the Semanario Judicial de la Federación or the TFJA journal.