نظرية الصعوبات المادية غير المتوقعة في عقود الأشغال العامة في التشريع الجزائر

Abstract EN

The public works contract is considered one of the most important administrative contracts, but it did not receive an independent legal treatment by the Algerian legislator, as it included it with other types of public deals - supplies, services and studies - within the public procurements law and public service delegations.

During the implementation of the public works contract, the contractor may encounter material difficulties that were not expected at the time of the conclusion of the contract, incurring him losses that lead to the financial imbalance of the contract.

This is what prompted the administrative judiciary to invent the theory of unexpected material difficulties to maintain the financial balance of the contract, under which the contractor is obligated to continue implementing his obligations in return for his right to obtain compensation.

The Algerian legislator adopted, implicitly, the theory in Presidential Decree 15-247 regulating public procurements and public service delegations, and explicitly in the new book of public administrative clauses applicable to the public works procurements approved by Executive Decree n° 21-219 of May 20th, 2021.