الأساس القانوني للتعويض عن الأعمال الإضافية في نطاق العقود الإدارية : دراسة مقارنة

الملخص EN

While executing contracts, the administration has the right of editing the size of the contract.

In many cases, while the contractor is doing works agreed in the contract, a need to additional and complementary works arises.

It may be necessary to these works to be done by the same contractor who is doing the original contract, without the need to adhere to the procedures that have to be adopted when a new contract is concluded.

The legislature in France, Egypt and Syria granted to the administration this right but it restricted this right with specific controls, in order to respect the contractor rights and respect the principles of transparency and freedom of competition in administrative contracts.

Therefore, if the administration breaks these controls, it will be forced to put the process into competition again, in preparation for a new administrative contract, with differences in comparative legislations in this regard.

According to these differences, the legal basis of compensation for extra works is different between comparative legislations.

The compensation may be based on the original administrative contract.

It may be based on the market situation and current prices, and in many cases on the semi-contractual relationship which arise between administration and contractor on the sidelines of the original contractual relationship.

Here, the compensation will not be based on the basis of the contract, but it will be a semi contractual compensation.