%0 Journal Article %T Legal Sanction of Construction Projects %J Journal of Garmian University %I زانکۆی گەرمیان %Z 23100087 %A Qadir, Suzan Othman %D 2018 %\ 06/01/2018 %V 5 %N 2 %P 141-159 %! Legal Sanction of Construction Projects %K Constructional projects contract %K Contractor and designer sanction %K Iraqi general contract conditions %K Legal aspects %K Punishment %K Reasons of variation order %R 10.24271/garmian.333 %X The projects and implementer contractors in Sulaimaniyah area sometimes faced tothe legal sanctions due to several reasons, like quality control, safety, health, security,financial, the legal aspects of the contract and the delay in the implementations orchange in the design of the projects during the implementation of the projects whichis the most frequent and important reason that happen in the projects and causes thesanction of the parties either contractor or the employer staff , , this study conductedto define the type and the responsible persons of the sanctions, and then to reduce orprevent the reasons that causes’ sanctions, therefore particularly it was focused on thereasons that have related to the Iraqi General Conditions Contract (IGCC) gaps,which is all the contracts depends on, and signing the contracts accordingly. Thereare some items in the IGCC indicated the fault of the contractor and severe penaltythat causes sanction of the contractor specially the item that related to the delay ofand over passing the time scheduled duration. Those items were sometimes causedbankruptcy of the contractors during the in implementations of several constructionalprojects. There were some characteristics and parameters have direct effects on thevariation orders and that changes, but the IGCC did not specialized any item forsanction with the responsible persons.This study was focused on the reasons that have related to the legal aspects, speciallythe sanction of the contractor and the faults of the designer which goes straightwithout taking any legal action against the Engineer. Therefore tried to collectinformation and indicate characteristics to help or facilitate to trying to decrease the delay, minimize and prevent the sources and making suggestion to modify that itemsthat have affect on the delay of the projects in design and implementation stages ofthe projects and finally have effect on the sanction of the contractors and thedesigners. The data collection for this study depended on reviews which collectedfrom various projects in constructional fields, some informationn were collected fromthe actual implemented projects and other some from the experience of contractorsand engineers that have implemented projects and faced to the delay and sufferedfrom the side effects of the variations during the implementation of the projects, inother hand there are some other different causes also has effects on the delaying andsanction like financial causes, quality control, risk controlling safety and health thatcauses sanction of the contractors and designers. %U https://jgu.garmian.edu.krd/article_67085_12fb7deb33155b3cfa91df3a354dd69e.pdf