Keywords : AUTHORITY OF ADMINISTRATION


THE AUTHORITY OF ADMINISTRATION TO WITHDRAW THE WORK FROM THE CONTRACTOR IN PUBLIC WORKS CONTRACT (AN ANALYTICAL STUDY)

Muhammad Kak Allah Smile

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 1, Pages 309-340

The development of life and the continuous needs of the members of society in this era forced the contracting administration to enter into multiple administrative contracts to meet these needs and keep up with developments. In order to ensure the implementation of these contracts، the administration has many means and deterrent penalties to punish the contractor so as to implement the construction projects including schools، hospitals، bridges and roads on time and fully implement them. One of these punishments is the withdrawal of the work from the contractor in public works contracts، which is one of the pressing penalties in the hand of the contracting authority. If the contractor breaches his contractual obligations and in the case of existing one of the specified reasons، the administrative authority withdraws and executes the work from the contractor at the latter expense of the contractor by using one of the contracting methods. This study is of multiple importance، the most important one is to focus on analyzing the texts of both the Iraqi and Kurdistan regulations and to reveal the deficiencies and existing gaps، trough highlighting the main dilemma of the problem of our study which is the possibility of applying seizure on the contractor and withdraw the work by the administration. Based on that، we have divided this research into two main sections. The first section is devoted to the definition of the withdrawal of work in the public works contract، by defining it and distinguishing it from the financial penalties and its legal nature and the necessity of having excuses before imposing this penalty. In the second section we discussed the legal provisions of this penalty and the judicial supervision on the authority of the administration to impose penalty for withdrawing the work from the contractor in the public works contract