Withdrawal of work from contractor in government contracting contracts under Iraqi law

In our research, we followed this analytical approach, which is based on the presentation of legal texts and jurisprudential opinions, supported by the applied approach represented by the basis of strengthening jurisprudential opinions with judicial decisions that show the legal principles approved by the judiciary on this subject, through a plan that included three chapters, in the first of which we dealt with the concept of Government contracting contracts and work withdrawal, and it included in it three sections, the first between the nature of government contracting contracts, the second for the concept of work withdrawal, and the third to distinguish work withdrawal from suspected legal systems. It also contains three sections, the first for cases of withdrawing work, the second for the conditions for withdrawing work, and the third for judicial oversight over the management’s decision to withdraw work. In the third chapter, we dealt with the effects of work withdrawal, which in turn included three sections. On the withdrawal of work, and the third is the effect of withdrawing work for the subcontractor, then we ended the research with a list that included the most important results and recommendations that were presented The search finds it.

The government contracting contract is an administrative contract concluded by the administration with the intent to justify and organize a public facility and includes the introduction of the provisions of public law, by including in the contract exceptional and unfamiliar conditions. The availability of certain elements that must be present in the contract, in order to be in front of an administrative contract in the strict legal sense, and these elements are that the administration is the contract and that the contract is related to a public facility and the contractors choose the means of public law. Given the link between administrative contracts and public utilities, the contracting government agencies enjoy a number of privileges and powers in the face of the contractor, whether related to supervision and amendment or imposing various penalties without the need to resort to the judiciary, because the contractor’s inaction in implementing his obligations may harm the public utility a great harm that cannot be remedied if The imposition of administrative penalties is related to the public order, and it is one of the duties of the administration as it is necessary to ensure the continuity of the functioning of public utilities, as the administration may not waive them in agreement with the contractor, and every condition stipulating the exclusion of these penalties is void if withdrawing the work as a penalty imposed by the administration against the breaching contractor By his commitment, he is not considered a termination of the contract, nor does he relieve the contractor of his contractual obligations, and the contracting contract related to the public facility remains in place and is a product of legal excitement and does not change the legal status of the chaste owners, whether with regard to the rights and obligations of the contractor or the rights and obligations of the employer towards the contractor.

 In conclusion, I wish from the Lord, the Exalted, His Name, to help me in this work for His pleasure, for He is the Guardian of success, and praise be to God, Lord of the Worlds, and may God’s peace and blessings be upon the best of His creation, Muhammad and his good and pure family