فسخ في عقود الصفقات العمومية للاشغال

Abstract

Our thesis deals with the subject of termination in public works contracts, which is an abnormal legal procedure taken by the administrative body to terminate the works contract with the contractor in the event of his failure to comply with the terms of the contract. The reasons for termination include delay in the implementation of the works, failure to comply with the quality, abandonment of the project, or financial and legal violations, such that the termination is made after prior notice is given to the contractor to rectify the current situation at that time. In the event of noncompliance, the administration automatically issues the termination, which may include confiscation of the financial guarantee and a claim for compensation. The termination ends the mutual obligations between the two parties, but the contractor remains responsible for any resulting damage, and has the right to object to the decision or request an amicable settlement in some cases.