Taking over the Job and completing it at the Expense of the Contractor in the Administrative contracts “Comparative Study”

Abstract

Administrative contracts are considered legal instruments which are used by the administrative in management and organization of public utilities. Under these contracts the legislator granted the administration many advantages which it did not grant the contractors the same privileges and advantages which put the administration in a powerful position over the contractors.

One of the privileges and advantages is the right of administration to impose penalty on the contactors, whether it is stipulated in the contract or not. Taking over the job and completing it at the expense of the contractor is one of these pressuring penalties which the administration can impose on the contractor to finish the contract to protect the public interest.

It is meant by this penalty that the administration itself- in case of huge wrong doing- take over the job of the contractor and complete it or replace him by another one temporarily to do the job at the expense of the contractor to finish the job under the previous contract.

Also, this study explains the forms of this penalty, and the condition under which it can be applied, and its legal consequences and implications on the administration or on the contractor.

The study also attempted to demonstrate the effectiveness of judicial oversight on the administration on the time of imposing this penalty to prevent the misuse of power and authority which were given to the administration in order to establish an integrated legal framework to govern the subject with all its problematic issues.