Efectos de la liquidación del contrato estatal fuera del término establecido en el artículo 11 de la ley 1150 de 2007

Abstract

Public procurement, understood as the way in which those ruled by the State have their needs met and the public services provided to, has a series of contractual legal mechanisms that allow the public administration to make the common good and principles of public service prevail. The article 11 of the Law 1150 of 2007 currently rules the term for the settlement of public contracts in Colombia. However, this legislation emerged after a legal and jurisprudential journey of more than 20 years; therefore, it is essential to know the scope and legal consequences of its application, including, among others, its explanatory memorandum and the grammatical analysis of its drafting. Whether there is an obligation to settle public contracts has been debated both doctrinally and jurisprudentially, finding different points of view and arguments for and against it. Meanwhile, the law 80 of 1993 drafts the obligation of taking such action for all public contracts by public institutions that are subject to the General Statute for Contracting of the Public Administration. If the settlement of the public contract is a legal obligation, with a specific term to carry it out, it is clear that many contracts are settled by public institutions out of time. This research is taking place in order to determine what are the legal effects of the bilateral settlements that are being made once the term established in the legal code for such purpose has expired.