Cancellation of the construction contract by unilateral decision


  • Muntazar Abdul Hussein Abdul lah AL Rabie Islamic Republic of Iran Uremia University Department of Private Law PhD student
  • Siamak Jafar zadeh Uremia University Department of Private Law
  • Muhammad Hassan Jawadi Uremia University / Department of Private Law


Contracting contract, canceling the contract, Single will, Employer, Legal implications


      The main obligation that results from the contracting contract and falls on the contractor is to complete the work that he pledged to do. The contractor is obligated to complete the work in accordance with the agreed upon conditions and specifications, as well as in accordance with the conditions required Dy the principles and traditions of the craft. The contractor's obligation to deliver the building is an obligation to achieve a result and not an obligation to exercise care. If the contractor violates this and the employer discovers that the contractor is carrying out the work in a defective manner or in violation of the terms of the contract and the customs and traditions of the workmanship ,and whether that discovery was by experts in architectural and construction affairs, then such a breach for this purpose , the Iraqi legislator has given the employer a number of means that enable him to confront the contractor who violates his obligation , including issuing a warning for specific implementation if it is possible or canceling the contract with compensation if specific implementation is not possible . The Iraqi legislator also allowed departure from this principle mentioned in ln some cases , it is permissible for the employer to cancel the contracting contract of his own volition , without the need for the will of the contractor , and here it does not only entail dissolving the contractual bond , duty it requires more than that , It is the obligation of the contractor to stop working , and if he continues to complete the work assigned to him , the employer is not obligated to pay the value of the work carried out by the contractor after he learns of the cancellation , but this cessation of work does not take place at all . Rather, the contractor may perform some necessary work to maintain the integrity of the previously completed work, but in Sometimes the contractor may continue to carry out the work despite his knowledge that the contract has ended due to cancellation by the employer.  Is the contractor entitled to the value of the completed works, or is he completely deprived of compensation for those works? In this most likely opinion , he stated that the contractor is not entitled to any compensation in this case because entitlement to this compensation doubles the right drawn up dye law and approved dye the employer , since obligating the employer to do this compensation would burden his financial liability and restrict his hands in using the cancellation machine , which makes this license ( the cancellation machine ) constitutes an exception and a departure from the principle of the contract under the law of pact a sunqa , which was stated in Article ( 146 , paragraph 1 ) and Article ( 885 , paragraph 1 ) of the Iraqi Civil Code . (1 (