ICFI 74/B/2017

This case involved a supply of services to a public sector body under a contract which had not been paid for. It was argued by the public sector body they had requested the contract be ended because they had been unable to honour their commitments because of reasons outside their control. The court agreed for that reason the contract should be terminated but that the public sector body should pay some of its overdue payments.

Background

The general commissioner of a company filed a case before the court of first instance (commercial department) against Baghdad Secretary General requesting the court to end a contract signed between the two parties under Article 67/2 and 68 of the general conditions for civil architectural works constructions. The commissioner also requested the secretary pay overdue payments. The payments were the result of a contract being signed between them under which the company was to collect waste from certain areas in Baghdad for five years. The company claimed it has provided its contractual obligations but the secretary had failed to pay. The company also requested compensation for damage and losses suffered by the company as a result.

Decision