الغرامة التأخيرية في العقود الإدارية

Abstract EN

The purpose of administration to apply the penalty for delay is mainly to ensure the continuation of public utility and to give priority to the public interest over individual interest.

The penalty for delay is a financial sanction which is imposed on the contractor who fails to do his contractual obligations.

This study defines penalty for delay which is imposed on the contractor who is late in performing the public works entrusted to him.

It also defines the authority of the administration to impose this penalty on the contractor and clarifies the authority of the administrative judge in controling the legitimacy of administrative decision.

This judicial control ensures for the contractor the claim of his rights in case of overruns commited by the administration.