سلطة الادارة في توقيع الغرامة التأخيرية كجزاء مالي على المتعاقد معها في ضوء نظام المنافسات و المشتريات الحكومية السعودي الجديد: "دراسة تطبيقية في أحكام ديوان المظالم السعودي"

Abstract EN

The contractor may commit multiple irregularities during implementing his obligations in the administrative contract.

He may refrain from executing, implement against the agreed conditions and specifications, delay implementations deadlines or give the implementation to another subcontractor without administration`s approval.

All of this will lead to disrupting the normal functioning of General Annex and therefore the execution of ordinary sanctions recognized in private law which empowers the administration to recourse to the judiciary, or the possibility of a non-implementation motion, in order to encourage the contractor to fulfil his obligations.

However, these sanctions may not be sufficient, and sometimes inappropriate, because of their slow, inflexible, and their usefulness for the administration according to vitality of General Annex.

Hence the Administration's authority will impose special sanctions on its contractors, including financial sanctions i.e.

demurrages.

We talked in this research about Administration's authority to charge the demurrage as a pecuniary sanction in light of the new Saudi Government Competition and Procurement System.

This research is divided into two topics.

The first topic shows the concept of demurrages the difference between them and other terms.

The second topic highlights the types of demurrages and its exemptions.