The Theory of Unexpected Material Difficulties During the Performance Period of the Administrative Contract

Abstract

During the performance period of the administrative contract, particularly in the case of general work contract, the contractor and the administration might face unordinary exceptional material difficulties often having the nature of surprise, which were neither expected nor taken into account by the contract parties upon concluding the contract. Such difficulties make the contract performance more exhausting and more costly.

To apply this theory, the contractor and the administration should have a complete definition of all damages incurred by the contractor consequent to such difficulties by paying him an additional amount apart from the contractual prices set forth in the contract.

To be entitled to such compensation as a result of material damages he was incurred to, the contractor should not suspend the performance of the contract unless such difficulties make the contract performance impossible; thus, we deal with the situation as a case of force majeure.

Material difficulties often appear consequent to nature phenomena. However, they could be considered a third party action. In both cases, they should be independent of the will of the "contract parties".