Legal regulation of the insolvency clause of the contractor to withdraw work in accordance with the general terms of engineering contracting

Abstract

The issue of withdrawing work in government contracts from a legal point of view is one of the important and complex issues at the same time from both a scientific and theoretical point of view. The Iraqi legislator has clarified the conditions for withdrawing work in the instructions related to government contracts, including the subject of our study, which is the insolvency clause of the contractor or an insolvency declaration as a condition for withdrawing work from the contractor, and despite the importance of this condition in practice, but in many cases, the administration owns it in reliance on this The condition for withdrawing work from the contractor for reasons, the most important of which is the lack of clarity in the legal texts regulating this condition on the one hand, and the management’s confusion between this condition and other conditions for withdrawing work on the other hand, which we will show in this study.