جۆری توێژینه‌وه‌ : Original Article

نوسه‌ر

• Suzan Othman Qadir

College of Law, University of Sulaimaniyah, Kurdistan Region, Iraq

پوخته‌

The projects and implementer contractors in Sulaimaniyah area sometimes faced to
the 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 or
change in the design of the projects during the implementation of the projects which
is the most frequent and important reason that happen in the projects and causes the
sanction of the parties either contractor or the employer staff , , this study conducted
to define the type and the responsible persons of the sanctions, and then to reduce or
prevent the reasons that causes’ sanctions, therefore particularly it was focused on the
reasons that have related to the Iraqi General Conditions Contract (IGCC) gaps,
which is all the contracts depends on, and signing the contracts accordingly. There
are some items in the IGCC indicated the fault of the contractor and severe penalty
that causes sanction of the contractor specially the item that related to the delay of
and over passing the time scheduled duration. Those items were sometimes caused
bankruptcy of the contractors during the in implementations of several constructional
projects. There were some characteristics and parameters have direct effects on the
variation orders and that changes, but the IGCC did not specialized any item for
sanction with the responsible persons.
This study was focused on the reasons that have related to the legal aspects, specially
the sanction of the contractor and the faults of the designer which goes straight
without taking any legal action against the Engineer. Therefore tried to collect
information and indicate characteristics to help or facilitate to trying to decrease the
delay, minimize and prevent the sources and making suggestion to modify that items
that have affect on the delay of the projects in design and implementation stages of
the projects and finally have effect on the sanction of the contractors and the
designers. The data collection for this study depended on reviews which collected
from various projects in constructional fields, some informationn were collected from
the actual implemented projects and other some from the experience of contractors
and engineers that have implemented projects and faced to the delay and suffered
from the side effects of the variations during the implementation of the projects, in
other hand there are some other different causes also has effects on the delaying and
sanction like financial causes, quality control, risk controlling safety and health that
causes sanction of the contractors and designers.

وشه‌ بنچینه‌ییه‌كان

• Constructional projects contract
• Contractor and designer sanction
• Iraqi general contract conditions
• Legal aspects
• Punishment
• Reasons of variation order