El desequilibrio financiero en los contratos de obra pública en Colombia y su propósito conmutativo

Abstract

The investigation's problem, as it can be observed it is not alien to reality, since there are multiple reasons that generate the financial imbalance, an analysis must be carried out that starts from the planning of the works until the moment of the respective liquidation, A fact that leads to readjustments having to be made with figures higher than those initially agreed, including carrying out unnecessary works or making unnecessary designs that are contracted above market prices, thus generating a detriment to public assets. In this order of ideas, what is sought is to determine that the works carried out are in accordance with the money received by the contractor, because if the equation is broken in favor of the contractor, the entity is harmed by detriment to its patrimony or vice versa. In this sense, the circumstances that threaten public assets are the so-called cost overruns, understood as the charging of a value greater than market prices, as well as the insecurity that arises at the time of applying the formulas for the respective readjustment. of the price, in contrast to both the value of the construction materials, as well as all the costs that arise in the execution of the construction contracts.