The Power of Administration to Purchase on the Account of the Contracting Party (Contractor) Comparative Study

The power of administration to purchase on the account of the contracting party (Contractor) is defined as a legal means under which the administration shall be able to subrogate the contractor to implement the contract on his account and his own expense. It is a compulsory medium that enables the contracting administration to substitute the defaulting contractor to secure the implementation of the contract The contracting administration might also assume by itself the responsibility for implementing the contract or it might entrust such task to another contractor The purchase on the contractor's account aims at two objectives: to secure the supplies which the contractor has refrained to supply or defaulted in their supply, and to impose a penlty on the defaulting contractor to obligate him, along with other contractors, to respect and adhere to their contractual obligation The purchase on the contractor‘s account is distinguished by a number of characteristics: it is a predetermined procedure in the contract or the law, having a punishable nature and an administrative nature Willi defined causes, and is a temporary one. The contracting administration resorts to purchase on the c0ntract's account and at his expense if the contractor fails to execute or default in executing the contract or if he furnishes supplies that are inconsistent with the specifications agreed upon in the contract.