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

Abstract

Inthe field of contractingthe contract is at the topof the commitmentsourcestothe twopartiesnamely;contractor andemployer, so itis necessary to know thematter related toa contractbecause the originalbase is that “the contract is a law ofcontractors”.The stateis able toprotect the public interest,accounting and punish the abusers, andthen cooperatingbetweenparties ofthe contract andfacilitating the implementation ofconstructioncontracts speeding indecision-makingregarding difficulties and problemsin thejusticeand fairness that become acceptable policywhich should be encouragedto workand protect itwithin the limitsprescribedlegally, because theprocess of applying contractingisa balancing actbetween requirementsof its good implementation andamongthe motives that compelcontractorsto participate incompetitionsandthese motivesappear in thetwo things, firstly accomplisheda good workin accordance with theconditions of the contractand specificationsanda good degreeofquality, secondlydoing the workat the lowestpossible costfor thecontractorhoping tomake a profitsuitablefor him.Theaim of this researchis to explainsome itemsabout theconstruction contractand the relationshipbetween its partiesto thenotes ofa clear lack ofability of some of the engineers, may besome of themat the center ofdecision-making,in order to develop a blueprint of modification and development the reality of construction contract in Iraq,toachieve thisfield surveywas done of the most importantproblematic in the applicationand understanding ofthe contractand thenprepare a questionnaire tothe expertsinthis areaofthe threepartiesinvolvedinconstructioncontracts, the consultants, theclients(employers) and the contractors. The most importantconclusionsreached by theresearch isthat 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