The Legitimacy of Imposing Penalties in Public Works Contracts

Abstract

In an administrative contract concluded between the administration, the contracting party, and the person contracting with it to carry out work related to a public utility, the penalty is to establish a project that ensures the public interest of society by satisfying its specific needs. If the contractor with the administration commits a negligence during the implementation of the work, the administration, the contracting party, within the powers and privileges it enjoys as a public authority, imposes the appropriate penalty on the contractor who violates his work to ensure that the work is completed in the best possible manner and within the specified time period. The severity of the penalties varies according to the type of work violation. In cases of minor violations, they take the form of financial penalties such as late fines, insurance confiscation, etc. In cases of non-minor violations, the administration resorts to imposing severe penalties such as withdrawing the work and implementing it at the expense of the contractor who violated his work and administrative termination of the contract. In our research, we will address the legislative basis on which the administration relies to enable it to impose penalties in the administrative contract concluded to implement or restore a public facility, which is based primarily on the concepts of public authority and public facility, from which came a set of privileges and powers granted to the administration to help it perform its role in ensuring the operation and continuity of the public facility and thus ensuring the interests of individuals in the community, which it is responsible for managing.