Las entidades del estado pueden liquidar de manera bilateral un contrato pasados los treinta (30) meses del término de caducidad de la acción si hay acuerdo de voluntades

Abstract

The liquidation of the contracts is the crossing of accounts that the administration performs after the expiration of the contractual term or by an abnormal termination of the contract, this process is duly established in three moments i) bilateral liquidation, it is carried out within the term defined in the contract and in the absence of this four months after the deadline, ii) unilateral liquidation by the entity, is made within two months after the expiration of the deadline to settle by mutual agreement, iii) judicial liquidation, is carried out within two years following the expiration of the two months indicated above, however within this period it may be carried out by mutual agreement or unilaterally. After the terms indicated above if the administration did not liquidate the contract, or the contractor did not interpose the action, the administration loses competence to perform it, thereby generating an injury to the economic assets of the contractor if there were balances in their favor, this creates a legal vacuum because the contract can not be left open per se, in that order of ideas a question arises: can state entities liquidate a contract bilaterally after the thirty (30) months of the expiration term of the action if there is agreement of wills? , through a qualitative method, it was concluded that the entities can liquidate the contracts after thirty (30) months if there is agreement of wills.