Penalty for Delay in Administrative Contracts in the light of Judiciary and Fatwa Rulings A Comparative Study

Abstract

Where as according to the principles prescribed in the Jurisprudence on the Admin. Law, the Delay charges in the Admin. Contracts differ from the nature of the penal condition in the Civil Contracts. Because the penal condition in the Admin. Contracts is a compensation agreed upon in advance, which shall fall due if either of the Contract parties breaches his obligation, therefore it may contains whatever conditions for the due compensation in general , that the damage has actually occurred to the other party of the Contract, and excuse the party inn default, then the passing of legal Judgment. The Court may pass a less stringent Judgment if it is proved that it is not adequate in light of the damage occurred to the Contract party. Whereas in the Admin. Contracts , the aim is to ensure the execution of these contracts on the agreed upon due dates in order to maintain the smooth running of the public utilities, and the Administration right to impose them, immediately upon the occurrence of the Delay even if a damage was not incurred, and without notice or other legal procedures.