The Contractual Liability of the Administration in the Execution of Its Administrative Contracts: -The Fault Based Model- (Based on the Latest Legislation and Regulations on Public Procurement)

Abstract

Administrative contracts derive their importance from their connection to public services, as these services constitute both the subject and the purpose of such contracts. This objective can only be achieved through full performance of administrative contracts. However, the administration itself may sometimes obstruct execution of the administrative contract's object by failing to fulfill its contractual obligations arising from its administrative contracts. These obligations are diverse and may take the form of technical or financial obligations. Moreover, proper execution of these obligations also requires the administration to exercise its exceptional powers and multiple privileges correctly, including its powers of supervision, control, direction, modification, imposition of sanctions, and termination of the contract for reasons of public interest. Therefore, any breach by the administration of its contractual obligations, or any deviation in the exercise of its powers, constitutes contractual fault on its part, which gives rise to its contractual liability toward the contracting party-thereby entitling the latter to claim compensation, or to request the annulment or termination of the contract