Alliance in executing contracting agreements

Abstract

The alliance in implementing contracting contracts, which results in joint material and technical cooperation, especially when entering into the implementation of giant contracts that require high technical expertise, has become a basic condition for addressing the difficulties and challenges facing the contracting and implementing it according to its required conditions. The alliance between contractors, whether individuals or companies, creates huge material and technical capabilities to manage the business, ensures the provision of a permanent technical cadre, facilitates the process of owning advanced technical mechanisms and equipment in the sizes required in various businesses, and direct dealing with advanced technology to cover the local contracting market and export contracting work abroad, thus providing hard currency for the country. In addition, the alliance maintains On the quality of work in terms of quantity and type, and maintains stability in it and is not affected by violent financial shocks. Where the parties to the alliance contribute an agreed upon capital and the share of each party in it, where the contracting parties are committed to depositing their shares in the bank for the account of the alliance, as for the costs required for the implementation operations, they are borne by the parties entering into the contract unless the agreement stipulates otherwise.

This study gains its practical importance from its recommendations, which include enacting a law to regulate contracting alliances. This law should specify the substantive and procedural conditions for such alliances, define their scope in terms of the parties involved, the obligations they impose, the liability of the parties in case of breach of those obligations, the procedures for resolving disputes arising from them, and the methods for their termination. We recommend that the Iraqi legislature establish a legal framework for the provisions governing alliances and incorporate them into the articles pertaining to public contracting regulations.