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)

May combine two claims.

In a concession contract granting exclusive and monopolistic operation of internal transport services, the administration may not enable third parties to exploit the same facility, nor allow them to engage in similar activities in the same location.

“By way of example, where the administration enters into a concession contract with a contracting party granting it the exclusive and monopolistic operation of internal transport services, it may not enable third parties to exploit the same facility, nor even allow them to engage in similar activities in the same location (Kharbit, 2017, p. 44).”

• cites Kharbit, 2017Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S4 (based).

The ability to invoke the administration's contractual liability is a fundamental right of the contracting party during the contract's execution.

“Among these rights, the ability to invoke the administration's contractual liability is particularly important.This study focuses on such liability as a fundamental right of the contracting party during the contract's execution.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Where the contracting party serves the public directly, as in concession contracts, the financial remuneration takes the form of fees collected from users.

“Conversely, where the contracting party serves the public directly (as in concession contracts), the financial remuneration takes the form of fees collected from users (Altemawi, 2011, pp. 556-557).”

• cites Altemawi, 2011Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

Contractual fault arises when the administration's exercise of its powers during execution causes harm or imposes undue burdens on the contracting party.

“Contractual fault arises when the administration's exercise of its powers during execution causes harm or imposes undue burdens on the contracting party (Nabulsi, 2012, pp. 515-516).”

• cites Nabulsi, 2012Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Any breach by the administration of its obligations triggers its contractual liability, entitling the contracting party to seek judicial enforcement of appropriate penalties, whether by way of compensation or contract rescission.

“Any breach by the administration of its obligations triggers its contractual liability, entitling the contracting party to seek judicial enforcement of appropriate penalties, whether by way of compensation or contract rescission.”

Classified as probably not a substantial claim. May combine two claims.

The administration must perform the administrative contract and adhere to all terms and obligations contained therein.

“The administration must perform the administrative contract, as this encourages the contracting party to execute its own obligations.In executing the contract, it must adhere to all terms and obligations contained therein.”

May combine two claims.

The administration is bound by the contract as a whole and may not undertake any act inconsistent with its capacity as a contracting party, or that would impose additional burdens or hardships on the contracting party in the performance of its contractual obligations, failing which it shall incur liability.

“Furthermore, the administration is bound by the contract as a whole and may not undertake any act inconsistent with its capacity as a contracting party, or that would impose additional burdens or hardships on the contracting party in the performance of its contractual obligations, failing which it shall incur liability (Altemawi, 2011, p. 547).”

• cites Altemawi, 2011Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Any deviation by the administration in the exercise of its powers constitutes contractual fault on its part, giving rise to its contractual liability toward the contracting party.

“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”

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

The administration's contractual liability may arise in specific circumstances even in the absence of fault, such as unjust enrichment or threats to the contract's financial equilibrium.

“It may also arise in specific circumstances even in the absence of fault, such as unjust enrichment or threats to the contract's financial equilibrium.”

May combine two claims.

The administration must hand over the precise contractually stipulated site without unilateral alteration, as a change could impose additional costs and incur liability.

“and handing over the precise contractually stipulated site without unilateral alteration, as a change could impose additional costs and incur liability (Khalifa A.-E. a.-E., 2010, p. 224).”

• cites Khalifa A.-E. a.-E., 2010Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The administration may not act arbitrarily in rejecting works in public works contracts, suspend performance without a reason related to public interest, refuse delivery of agreed goods and materials, or reject minor defects that do not affect usability.

“It may not act arbitrarily in rejecting works in public works contracts, suspend performance without a reason related to public interest, refuse delivery of agreed goods and materials, or reject minor defects that do not affect usability (AlBalooshi, 2016, pp. 32-33).”

• cites AlBalooshi, 2016Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Although the contracting party is primarily responsible for timelines, the administration must adhere to any explicitly stipulated deadlines.

“Although the contracting party is primarily responsible for timelines to ensure the regular and continuous operation of public services, the administration must also adhere to any explicitly stipulated deadlines.”

Classified as probably not a substantial claim.

Given that administrative contracts involve public funds, the administration must first verify proper performance and service delivery before disbursing remuneration to the contracting party.

“However, given that administrative contracts involve public funds, the administration must first verify proper performance and service delivery before disbursing remuneration to the contracting party.”

May combine two claims.

The administration's breach of its financial obligations may manifest in breach of the financial remuneration obligation or breach of the obligation to return the final performance bond.

“Thus, the administration's breach of its financial obligations may manifest in: its breach of the financial remuneration obligation (First Section), which consists of: its failure to pay the financial remuneration or its unilateral modification thereof; the administration's delay in fulfilling its obligation to pay the financial this Decree”

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

The administration's contractual liability may arise when it breaches contractual obligations or deviates in the exercise of its powers.

“The administration's liability may arise when it breaches contractual obligations or deviates in the exercise of its powers.”

May combine two claims.

The administration must fulfill all its financial obligations to the contracting party, and if it breaches them, its contractual liability arises on the basis of fault.

“Accordingly, the administration must fulfill all its financial obligations to the contracting party, and if it breaches them, its contractual liability arises on the basis of fault.”

• AssumptionRests on an assumption: The administration's purpose in entering administrative contracts is to achieve the public interest.
• AssumptionRests on an assumption: The contracting party's primary goal through administrative contracts is to achieve profit.

May combine two claims.

The administration's contractual liability arises from the failure to supply the necessary, essential, and appropriate materials required for the execution of the contract, or from the failure to grant the authorizations required for that purpose.

“Likewise, liability arises from the failure to supply the necessary, essential, and appropriate materials required for the execution of the contract, or from the failure to grant the authorizations required for that purpose, such as permits for construction materials (Khalifa A. E., 2008, p. 98).”

• cites Khalifa A. E., 2008Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

Failure by the administration to observe its obligations in executing the contract correctly and in good faith constitutes contractual fault.

“This imposes numerous obligations on the administration, failure to observe which constitutes contractual fault.”

May combine two claims.

Any unilateral modification of the financial remuneration by the administration constitutes contractual fault, engaging its contractual liability.

“Thus, any unilateral modification of the financial remuneration by the administration constitutes contractual fault, engaging its contractual liability, since financial benefits are a key consideration for the contracting party when entering the contract (Khalifa A. E., 2008, pp. 101-102).”

• cites Khalifa A. E., 2008Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Jurisprudence distinguishes two types of financial remuneration based on the differing legal nature of administrative contracts.

“Jurisprudence distinguishes between two types thereof, based on the differing legal nature of administrative contracts.”

• cites Altemawi, 2011Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

In an administrative contract, the administration, by virtue of its status as a public authority, remains in a superior position vis-à-vis its contracting party and enjoys broad prerogatives in exercising its powers.

“the administration-by virtue of its status as a public authority-remains in a superior position vis-à-vis its contracting party, enjoying broad prerogatives in exercising its powers.”

May combine two claims.

Contractual fault cannot be excused, and liability arises to restore equilibrium in the administrative contract while protecting the contracting party's interests, provided that the contracting party continues performing its obligations despite the administration's breach and does not contribute to the fault.

“nevertheless, such fault cannot be excused, and liability arises to restore equilibrium in the administrative contract while protecting the contracting party's interestsprovided that the contracting party continues performing its obligations despite the administration's breach and does not contribute to the fault.”

Classified as probably not a substantial claim.

Contractual fault implies that the administration has acted negligently or failed to fulfill a duty, thereby breaching an existing obligation or infringing the rights of the contracting party.

“Accordingly, contractual fault implies that the administration has acted negligently or failed to fulfill a duty, thereby breaching an existing obligation or infringing the rights of the contracting party (Delaunay, 2011, pp. 224-225).”

• cites Delaunay, 2011Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

The administration bases its prerogatives and powers within the administrative contract on the principle of ensuring the regular and continuous operation of public utilities to serve the public interest.

“While the administration bases its prerogatives and powers within the administrative contract on the principle of ensuring the regular and continuous operation of public utilities to serve the public interest”

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

The administration's contractual obligations vary with the type of administrative contract and defy exhaustive classification.

“It merits noting that the administration's contractual obligations vary with the type of administrative contract and defy exhaustive classification; breach of any triggers contractual liability.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Unilateral modification of financial remuneration may deter individuals from contracting with the administration.

“Furthermore, such unilateral action may deter individuals from contracting with the administration.”

Classified as probably not a substantial claim. May combine two claims.

The administration must execute its obligations correctly and in good faith, where good faith entails performing the contract in accordance with its terms and conditions.

“The administration must execute its obligations correctly and in good faith, where good faith entails performing the contract in accordance with its terms and conditions (Kharbit, 2017, p. 42).”

• cites Kharbit, 2017Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

A violation of financial authorization rules may trigger administrative, judicial, or political liability, but it does not render the contract null, and the contract remains binding on the administration.

“Although a violation of financial authorization rules may trigger administrative, judicial, or political liability, it does not render the contract null, and the contract remains binding on the administration.”

May combine two claims.

The power of modification does not encompass all contract terms but is limited to those related to public service management; it may not modify contract terms unconnected thereto, such as terms concerning the contracting party's financial benefits.

“As for its scope, the power of modification does not encompass all contract terms but is limited to those related to public service management; it may not modify contract terms unconnected thereto”

• cites Altemawi, 2011Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Performance bonds are valued between 1% and 10% of contract value, varying by contract type.

“These primarily consist of performance bonds valued between 1% and 10% of contract value, varying by contract type.”

• cites Articles 130 to 134 of Presidential Decree 15-247Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

While the administration has the right to direct the contractual process pursuant to its power of supervision and direction, it may not exceed direction to the extent of modifying the contract.

“For instance, while the administration has the right to direct the contractual process pursuant to its power of supervision and direction, it may not exceed direction to the extent of modifying the contract.”

Probably not a substantial claim: may not pass S3 (load-bearing).

In concluding administrative contracts, the administration seeks to award them to financially capable contracting parties.

“In concluding administrative contracts, the administration seeks to award them to financially capable contracting parties.”

Classified as probably not a substantial claim.

The administration derives these exceptional powers from its superior position to the contracting party, as it is responsible for ensuring the regular and continuous operation of the public service that is the subject of the administrative contract, in pursuit of the public interest.

“The administration derives these exceptional powers from its superior position to the contracting party, as it is responsible for ensuring the regular and continuous operation of the public service that is the subject of the administrative contract, in pursuit of the public interest.”

Classified as probably not a substantial claim. May combine two claims.

The administration's exceptional powers comprise the power of supervision and direction, the power of modification, the power to impose penalties, and the power to terminate the administrative contract.

“They comprise several powers, namely: the power of supervision and direction, the power of modification, the power to impose penalties, and the power to terminate the administrative contract.”

May combine two claims.

The power of modification is subject to general restrictions: subsequent circumstances justifying modification must arise after contract conclusion; the modification must relate wholly or partially to the contract; it must occur during the contract term; sufficient financial authorization must exist to cover increased expenditures; its purpose must be to achieve the public interest; and the modif

“Accordingly, the general restrictions on the power of modification are: that subsequent circumstances justifying modification must arise after contract conclusion; that the modification must relate wholly or partially to the contract; that it must occur during the contract term; that sufficient financial authorization must exist to cover increased expenditures resulting therefrom; that its purpose”

• cites Khalifa A. E., 2008Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites AlBalooshi, 2016Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

These powers constitute an inherent right of the administration, exercised pursuant to its privilege of direct execution, issued by its unilateral will without prior recourse to the courts.

“These powers constitute an inherent right of the administration, exercised pursuant to its privilege of direct execution, issued by its unilateral will without prior recourse to the courts.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Performance bonds must be provided no later than submission of the contracting party's first interim payment request and cover all stages up to provisional acceptance.

“They must be provided no later than submission of the contracting party's first interim payment request and cover all stages up to provisional acceptance.”

• cites Articles 130 to 134 of Presidential Decree 15-247Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

In supply contracts, the administration's supervisory power is weaker, and the supplier acts independently in choosing execution methods unless the contract provides otherwise.

“This power is weaker in supply contracts, where the link between performance and public service operation is tenuous; here the supplier acts independently in choosing execution methods unless the contract provides otherwise”

• cites Altemawi, 2011Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Any delay by the administration in paying the financial remuneration constitutes contractual fault, giving rise to its contractual liability, including compensation to the contracting party, without the need to prove actual damage, even if the contract contains no explicit provision to that effect.

“Any delay constitutes contractual fault, giving rise to its contractual liability (including compensation to the contracting party), without the need to prove actual damage, even if the contract contains no explicit provision to that effect (Khalifa A. a., 2009, p. 230).”

• cites Khalifa A. a., 2009Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

Legality for the modification decision means it must be issued by the administration respecting all elements of legality required for administrative decisions: competence, form, procedure, subject matter, cause, and purpose of the public interest within applicable legal and regulatory texts.

“Legality here means that the modification decision must be issued by the administration respecting all elements of legality required for administrative decisions: competence, form, procedure, subject matter, cause, and purpose of the public interest within the framework of applicable legal and regulatory texts.”

May combine two claims.

For the exercise of the power of supervision and direction to be lawful, it must adhere to specific limits and constraints; deviation therefrom renders its conduct unlawful and engages its liability.

“However, for the exercise of this power to be lawful, it must adhere to specific limits and constraints; deviation therefrom renders its conduct unlawful and engages its liability.”

May combine two claims.

The administration must exercise the power of modification within limits and constraints, and this power is not absolute.

“The administration must exercise the power of modification within limits and constraints that it is bound to respect, lest its liability arise, as this power is not absolute.”

May combine two claims.

The administration's liability arises if it exercises supervisory power outside the public interest or what is required for the regular and continuous operation of the public service, or if supervision is conducted by an unauthorized authority in violation of laws and regulations.

“Accordingly, the administration's liability arises if it exercises this power outside the public interest or what is required for the regular and continuous operation of the public service, or if supervision is conducted by an unauthorized authority in violation of laws and regulations.”

• AssumptionRests on an assumption: Public interest requires the regular and continuous operation of the public service.

Probably not a substantial claim: may not pass S3 (load-bearing).

The modification concerns the quantity of the contracting party's obligations, increasing or decreasing them, where quantity means volume, not type.

“concerns the quantity of the contracting party's obligations, increasing or decreasing them, where quantity here means volume, not type”

• cites Kharbit, 2017Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Where there is deviation in the exercise of powers beyond fault, this does not engage liability on the basis of fault; if compensation is required to restore contractual financial equilibrium, it falls under no-fault liability.

“Where there is deviation in the exercise of powers beyond fault, this does not engage liability on the basis of fault; if compensation is required to restore contractual financial equilibrium, it falls under no-fault liability.”

May combine two claims.

The contracting party must furnish a final performance bond as security for fulfilling its contractual obligations, which the administration retains until full execution.

“Accordingly, the contracting party must furnish a final performance bond as security for fulfilling its contractual obligations (Khalifa A. E., 2008, p. 104), which the administration retains until full execution.”

• cites Khalifa A. E., 2008Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Two key principles for exercising the administration's supervisory power are adherence to legality and refraining from modifying contract terms.

“This yields two key principles for exercising this power: adherence to legality, and refraining from modifying contract terms.”

May combine two claims.

Compensatory interest may be awarded where the damage suffered by the contracting party due to the administration's delay exceeds what late payment interest can cover, or where the delay is unusual and reflects bad faith.

“In addition, compensatory interest may be awarded where the damage suffered by the contracting party due to the administration's delay exceeds what late payment interest can cover, or where the delay is unusual and reflects bad faith (AlBalooshi, 2016, pp.57-58).”

• cites AlBalooshi, 2016Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The administration has the right to monitor the contracting party to ensure performance according to the contract terms, and it may intervene to direct the execution process.

“The administration has the right to monitor the contracting party to ensure performance according to the contract terms, and it may even intervene to direct the execution process.”

May combine two claims.

The administration's liability arises when it fails to execute the contract properly, including delays in performance, failure to protect the contracting party from competition, or actions inconsistent with its role as contracting party that impose additional burdens or difficulties on the contracting party.

“Liability also arises when the administration fails to execute the contract properly, including delays in performance, failure to protect the contracting party from competition, or actions inconsistent with its role as contracting party that impose additional burdens or difficulties on the contracting party.”

May combine two claims.

Justifications for termination for public interest reasons include: the contract becoming unnecessary; no longer aligning with the public service's needs for which it was concluded; or the public service being abolished or its scope modified such that contract continuation is incompatible with public good requirements and service needs.

“Justifications for termination for public interest reasons include: the contract becoming unnecessary; no longer aligning with the public service's needs for which it was concluded; or the public service being abolished or its scope modified such that contract continuation is incompatible with public good requirements and service needs.”

• cites Kharbit, 2017Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The power to terminate for public interest is granted to the administration to preserve the regular and continuous operation of the public service and pertains to public policy.

“This power is granted to the administration to preserve the regular and continuous operation of the public service and pertains to public policy”

• cites ABD EL-Hamid, 2014Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• AssumptionRests on an assumption: Public interest requires the regular and continuous operation of the public service.

Classified as probably not a substantial claim. May combine two claims.

It matters not whether non-performance stems from intent, negligence, or otherwise, as the contracting party's breach in such cases impairs the public service and causes it significant harm.

“It matters not whether non-performance stems from intent, negligence, or otherwise, as the contracting party's breach in such cases impairs the public service and causes it significant harm.”

• AssumptionRests on an assumption: The administration's breach of its contractual obligations impairs the public service.

May combine two claims.

Contracting party breaches justify various penalties, including financial penalties (delay fines and bond forfeiture), coercive penalties (execution at the contracting party's expense, purchase at the supplier's expense, placing the service under guardianship), and terminatory penalties terminating the contractual relationship due to serious faults.

“These justify various penalties, including financial penalties: delay fines 8 .and bond forfeiture 9 .coercive penalties involving performance at the contracting party's expense (execution at the contracting party's expense, purchase at the supplier's expense, placing the service under guardianship) 10 .and the most severe, terminatory penalties terminating the contractual relationship due to the”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

The administration's powers are subject to judicial review, which serves as the most effective safeguard for protecting the contracting party's rights.

“Accordingly, the administration's powers are subject to judicial review, which serves as the most effective safeguard for protecting the contracting party's rights.”

Classified as probably not a substantial claim.

Given the numerous obligations imposed on both parties and the exceptional privileges enjoyed by the administration in relation to the contracting party, who represents the weaker party, the breach of such obligations by the administration is deemed an impairment of the public service.

“Given the numerous obligations imposed on both parties and the exceptional privileges enjoyed by the administration in relation to the contracting party-who represents the weaker party, as its obligations are tied to the public service-the breach of such obligations by the administration is deemed an impairment of the public service.”

• AssumptionRests on an assumption: Administrative contracts are inherently linked to public services and the pursuit of the public interest.
• AssumptionRests on an assumption: The contracting party in an administrative contract is the weaker party.
• AssumptionRests on an assumption: The administration's breach of its contractual obligations impairs the public service.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Forms of contracting party breach include failure to provide financial guarantees; unjustified refusal or suspension of performance; non-personal performance without administration authorization; failure to respect execution deadlines; and non-conforming performance.

“Forms of contracting party breach include: failure to provide financial guarantees; unjustified refusal or suspension of performance; non-personal performance without administration authorization; failure to respect execution deadlines; and non-conforming performance.”

May combine two claims.

Since administrative contracts impose reciprocal obligations on the administration and the contracting party, any breach, whether technical, financial, or resulting from deviation in exercising its powers contrary to the purpose of the public interest, their constraints, or legality limits, engages the administration's contractual liability on a fault-based principle, entitling the contracting

“Since administrative contracts impose reciprocal obligations on the administration and the contracting party, any breach-whether technical, financial, or resulting from deviation in exercising its powers contrary to the purpose of the public interest, their constraints, or legality limits-engages the administration's contractual liability on a fault-based principle, entitling the contracting party”

• AssumptionRests on an assumption: Administrative contracts are inherently linked to public services and the pursuit of the public interest.
• AssumptionRests on an assumption: The administration's breach of its contractual obligations impairs the public service.

Classified as probably not a substantial claim.

The absence of explicit provisions for contractual liability in cases of breach of obligations or deviation in exercising discretionary powers may constitute inequity toward the contracting party.

“The absence of explicit provisions for contractual liability in cases of breach of obligations or deviation in exercising discretionary powers may constitute inequity toward the contracting party.”

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

The execution of administrative contracts is governed by the principle of good faith performance, requiring the optimal solution on the assumption that the creditor is in the debtor's position, i.e., presuming the best solutions for fulfilling obligations.

“The execution of administrative contracts generally, and the administrative contract in particular, is governed by the principle of good faith performance, requiring the optimal solution on the assumption that the creditor (whether the contracting authority or the contracting party) is in the debtor's position, i.e., presuming the best solutions for fulfilling obligations.”

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

The silence of Algerian law on contractual liability raises issues regarding whether it results from oversight, will be rectified in the future, or was deliberate, considering it falls under the general rules of contractual liability, which are enforceable through administrative judicial review based on available evidence and the judge's conviction.

“This silence raises issues regarding whether it results from oversight, will be rectified in the future, or was deliberate, considering it falls under the general rules of contractual liability, which are enforceable through administrative judicial review based on available evidence and the judge's conviction.”

May combine two claims.

The administration's right to terminate the administrative contract for public interest is not absolute but conditional upon two requirements: that the public good or service interest necessitates termination; and that the termination decision satisfies all conditions for the legality of discretionary acts, free from deviation in the exercise of powers.

“The administration's right to terminate the administrative contract for public interest is not absolute but conditional upon two requirements: that the public good or service interest necessitates termination; and that the termination decision satisfies all conditions for the legality of discretionary acts (Meaning: free from deviation in the exercise of powers).”

May combine two claims.

Articles 135 to 139 of Presidential Decree 15-247 address the power of modification, with Article 139 setting 10% of the total contract value as the maximum limit for modification authority; exceeding it entitles the contracting party to compensation.

“Articles 135 to 139 of Presidential Decree 15-247 also address it, with Article 139 setting 10% of the total contract value as the maximum limit for modification authority; exceeding it entitles the contracting party to compensation.”

• cites Article 139 of Presidential Decree 15-247Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Penalties imposed by the administration aim to secure public service operation by ensuring optimal performance of the contracting party's obligations.

“Accordingly, these penalties aim to secure public service operation by ensuring optimal performance of the contracting party's obligations.”

May combine two claims.

Explicit recognition of the administration's contractual liability for execution errors stemming from deviation in exercising discretionary powers is generally absent, except in cases of termination for public interest, where the General Administrative Clauses for public works provide for full compensation, whereas Law 23-12 on public procurement remains silent.

“Explicit recognition of the administration's contractual liability for execution errors stemming from deviation in exercising discretionary powers is generally absent, except in cases of termination for public interest, where the General Administrative Clauses for public works provide for full compensation, whereas Law 23-12 on public procurement remains silent.”

May combine two claims.

Although the prevailing view does not require prior notice before imposing penalties, some laws mandate notifying the errant contracting party of its fault to allow correction prior thereto, including Algerian legislation.

“Although the prevailing view does not require prior notice before imposing penalties, some laws mandate notifying the errant contracting party of its fault to allow correction prior thereto”

• cites AlBalooshi, 2016Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Unjustified refusal to pay financial remuneration constitutes contractual fault, as does the administration's unilateral modification of such remuneration, since financial terms in the contract are binding and cannot be altered without the contracting party's consent.

“Unjustified refusal to pay financial remuneration constitutes contractual fault, as does the administration's unilateral modification of such remuneration, since financial terms in the contract are binding and cannot be altered without the contracting party's consent.”

May combine two claims.

Delays in paying financial remuneration, whether in good or bad faith, constitute contractual fault, triggering the administration's liability and entitling the contracting party to compensatory or late-payment interest, even without explicit contract provisions or proof of direct damage.

“Delays in paying financial remuneration, whether in good or bad faith, constitute contractual fault, triggering the administration's liability and entitling the contracting party to compensatory or late-payment interest, even without explicit contract provisions or proof of direct damage.”

May combine two claims.

In public works contracts, the limit for modification is 20%, and exceeding it allows a claim for compensatory damages based on harm suffered, per Article 36 of Decree 21-219.

“In public works contracts, the limit is 20%, and exceeding it allows a claim for compensatory damages based on harm suffered, per Article 36 of Decree 21-219”

• cites Article 36 of Decree 21-219Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

If the administration breaches any of the restrictions on imposing penalties, or if its penalty decisions are unlawful or abusive, its power is deemed unlawful, engaging its contractual liability toward the contracting party.

“Accordingly, if the administration breaches any of the aforementioned restrictions, or if its penalty decisions are unlawful or abusive, its power is deemed unlawful, engaging its contractual liability toward the contracting party.”

May combine two claims.

Algerian public procurement legislation primarily focuses on contracting party breaches and the penalties applicable, while the administration's power to impose coercive or terminatory sanctions exists even without explicit contractual provisions.

“Algerian public procurement legislation primarily focuses on contracting party breaches and the penalties applicable, while the administration's power to impose coercive or terminatory sanctions exists even without explicit contractual provisions.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

The execution of administrative contracts is inherently complex due to their connection to public services and the pursuit of the public interest, often at the expense of public funds.

“The execution of administrative contracts is inherently complex due to their connection to public services and the pursuit of the public interest, often at the expense of public funds.”

• AssumptionRests on an assumption: Administrative contracts are inherently linked to public services and the pursuit of the public interest.

Classified as probably not a substantial claim. May combine two claims.

Penalties imposed via administrative decisions linked to the administrative contract must respect legality limits to prevent abuse; given the administration's discretionary power in imposing them, it must ensure proportionality.

“Since these penalties are imposed via administrative decisions linked to the administrative contract, they must respect legality limits to prevent abuse; given the administration's discretionary power in imposing them, it must ensure proportionality.”

May combine two claims.

The administration enjoys the power to terminate the administrative contract unilaterally before final completion, without contracting party fault, without judicial recourse, and even absent stipulation in the contract or general conditions, if public interest so requires.

“The administration enjoys a significant privilege in the administrative contract: the power to terminate it unilaterally before final completion, without contracting party fault, without judicial recourse, and even absent stipulation in the contract or general conditions, if public interest so requires.”

• cites ABD EL-Hamid, 2014Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The contract may not exclude the administration's power to terminate for public interest, nor may the administration waive it.

“Consequently, the contract may not exclude this power, nor may the administration waive it.”

May combine two claims.

The contracting party's breach of contractual obligations justifies the administration imposing penalties, and even absent such breach, the administration may terminate the contract for public interest reasons linked to the public service.

“Therefore, the contracting party's breach of contractual obligations justifies the administration imposing penalties, and even absent such breach, it may terminate the contract for public interest reasons linked to the public service.”

May combine two claims.

Before imposing penalties, the administration must observe restrictions and conditions: existence of contracting party fault; adherence to prior notice where required by law as an essential procedure before penalizing the contracting party.

“Accordingly, before imposing any of the foregoing penalties, the administration must observe several restrictions and conditions: existence of contracting party fault; adherence to prior notice where required by law as an essential procedure before penalizing the contracting party.”

• cites AlBalooshi, 2016Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.