Preparing a Blueprint for Modification and Development of the Reality of the Construction Contracts in Iraq

Abstract

Abstract

In the field of contracting the contract is at the top of the commitment sources to the two parties namely; contractor and employer, so it is necessary to know the matter related to a contract because the original base is that “the contract is a law of contractors”. The state is able to protect the public interest, accounting and punish the abusers, and then cooperating between parties of the contract and facilitating the implementation of construction contracts speeding in decision-making regarding difficulties and problems in the justice and fairness that become acceptable policy which should be encouraged to work and protect it within the limits prescribed legally, because the process of applying contracting is a balancing act between requirements of its good implementation and among the motives that compel contractors to participate in competitions and these motives appear in the two things, firstly accomplished a good work in accordance with the conditions of the contract and specifications and a good degree of quality, secondly doing the work at the lowest possible cost for the contractor hoping to make a profit suitable for him. The aim of this research is to explain some items about the construction contract and the relationship between its parties to the notes of a clear lack of ability of some of the engineers, may be some of them at the center of decision-making, in order to develop a blueprint of modification and development the reality of construction contract in Iraq, to achieve this field survey was done of the most important problematic in the application and understanding of the contract and then prepare a questionnaire to the experts in this area of the three parties involved in construction contracts, the consultants, the clients (employers) and the contractors. The most important conclusions reached by the research is that the contracts still faces obstacles from several parties and development contracts has become imposes itself, it was observed that the probability of problems in construction contract about 93%, which confirms the presence of wide gaps in the application of construction contract as well as the need to train engineering staff or a placement of guide (manual) shows them how to deal with contracts and managing it in different stages with necessary forms to be there kind of general principles governing all parties.

Keywords: Construction contract, conditions of the contract, decision-making, problematic, contract's parties

Cite this Article

Entisar K. Rasheed. Preparing a Blueprint for Modification and Development of the Reality of the Construction Contracts in Iraq. Journal of Construction Engineering, Technology and Management. 2016; 6(1): 84–105p.