Personal consideration and its impact in the event of a change of circumstances during the implementation of the public works contract

Abstract

When concluding the public works contract, the contracting administrative authority shall take into account a set of essential qualities and characteristics in the person of the contracting with it, this is to ensure the smooth running of  the public utility subject of the contract on an ongoing and permanent basis, one of the most important qualities required by the contracting administration is financial solvency, and good reputation. However, it may happen during the execution of the public works contract that the contractor's personal consideration will cease to exist, by the demise of his legal personality, as in the case of his death. Or the disappearance of the financial consideration as in the event of his bankruptcy or insolvency, or by lacking a condition of good standing by using fraud, manipulation, or attempted bribery, which leads to the demise of the contractual bond and its termination by force of law, or by a decision of the contracting administrative authority, as the case may be.