Compensation For Management Breach In The Implementation Of Its Contractual Obligations For Technical Nature In Administrative Contracts In Oman: An Analytical Study

The administrative contract, like the civil contract, generates contractual obligations on both sides without distinction between the administration and the contractor, which means that the breach of any of its contractual obligations, which varies according to the type of the contract, generates responsibility for the right of the contractor to obtain compensation for the damage suffered by him. Breach. Jurisprudence and judgments indicate that the administration may breach obligations of a technical nature or obligations of a financial nature, resulting in a breach of contractual error on the part of the administration, which may occur as soon as it breaches the execution of its obligations in the administrative contract deliberately or negligently, or by doing so without intent or negligence. Therefore, the study aims to discuss compensation when the administration fails to implement its contractual obligations of a technical nature. The researcher adopted the descriptive analytical approach, and the topic was discussed in four methods. The results showed that the Law of the Administrative Judiciary Court affirms the right of the contractor to claim compensation for damages caused in the field of the administrative contract, and that he also has the right to terminate his contract in the public interest, in addition to his right to require payment for the work performed. The contractor may also not be entitled to compensation for damage if there is a reason for exemption from compensation.