Contractor Guarantees in a Public Works Contract A Comparative Study in Iraq and Lebanon

The subject of this study is the public works contract and in view of the importance of this topic in terms of differentiating between it and the civil contract and the implications of that in terms of jurisdiction, methods of interpretation of the contract and the applicable law, except for the powers enjoyed by the administration and the exceptional conditions contained in this contract. Familiar in the field of civil contracts. And the stages that the public works contract goes through from the time of announcing the tender or auction until the contract is concluded, and there are principles governing the pre-contract and pre-contract procedures. There are also rules and principles governing the implementation of the public works contract.

 The administration has powers to exercise during the implementation of the contract and penalties to be imposed against the contracting party, whether it is delay fines, purchase at the expense of the defaulting contractor, termination of the contract, confiscation of insurance, as well as a claim for compensation. All of this has conditions and restrictions that the management authority finds. There are also reasons affecting the implementation of the contract and theories applied by the administrative judiciary. I see that the method of administrative contracts is better able to achieve its goals, and administrative contracts are a general principle whose goal is the commitment of the contractor with the administration to the personal implementation of the contract. Assigning it to others or subcontracting it to a second contractor, and the personality of the contractor is considered by the administration, whether for the conclusion or implementation of the contract, and the administration must take into account the availability of certain considerations. A set of essential qualities in the person you want to contract with. In the matter of the works contract, the administration must use its powers to amend the administrative contract with a great degree of importance and its place and importance, especially if it affects the relationships and links between the administration and individuals.

The study aims to put an end to the restrictions that hinder administrative contracts and restore the financial balance of the contract, and there will be a large number of individuals contracting with the administration in the contract system.

It dealt with the clarification of the administrative contract in Iraqi law and its distinction from the administrative contract in the Lebanese law and the cases of amending the administrative contract.

As explained in the study, there are restrictions that limit the authority of the administration in using its authority to amend the administrative contract.

It concluded in the study that the administration has authorities in its conduct during the implementation of the contract and the penalties imposed against the contractor with it.

The study also dealt with the effects of the contractor’s guarantees in the public works contract and penalties for those who violate them.

The study dealt with how to manage its needs of movables necessary for the functioning of its public utilities during the conclusion of the public works contract.

This paper examines these issues in light of the principles on which the judiciary of the Administrative Court and the Supreme Administrative Court have settled.