Abstract:
Where as according to the principles prescribed in the Jurisprudence on the Admin. Law,
the Delay charges in the Admin. Contracts differ from the nature of the penal condition in
the Civil Contracts. Because the penal condition in the Admin. Contracts is a compensation
agreed upon in advance, which shall fall due if either of the Contract parties breaches his
obligation, therefore it may contains whatever conditions for the due compensation in
general , that the damage has actually occurred to the other party of the Contract, and excuse
the party inn default, then the passing of legal Judgment. The Court may pass a less stringent
Judgment if it is proved that it is not adequate in light of the damage occurred to the Contract
party. Whereas in the Admin. Contracts , the aim is to ensure the execution of these contracts
on the agreed upon due dates in order to maintain the smooth running of the public utilities,
and the Administration right to impose them, immediately upon the occurrence of the Delay
even if a damage was not incurred, and without notice or other legal procedures.