چکیده:
To achieve macroeconomic and social objectives, building various infrastructures at all economic sectors is required, for which it also requires to define the suitable projects and plans which each has a great share in movement of country towards objectives of project. Implementing economic development programs at various areas is an objective in the current community, and implementing civil projects is of indicators of economic development which comes to realize in the light of signing contract. The necessity to presence by engineers and technical experts specialized at the area of civil projects has been considered from the past long lost, in order to acquire technical knowledge concerning necessary supervision and investigations, and harmonize proposing suitable approaches with the considered objectives to promote the projects. In this regard, in addition to recognition, accurate definition and various contractual structures to execute civil projects, the necessity to presence by contractors and sub-contractors has caused considering some regulations to use them in executing government’s needs in the country. Hence, in the first budget law (1910), the first provisions have been formulated at this area, yet unfortunately it has remained in a traditional status to date, due to false beliefs on status of contractors in contracts and their agreements. The necessity to familiarity with contract and its legal properties as well as role of parties in the contract will help to modify the false beliefs of project brokers and improve legal entity of contractors within community as a party in the contract with equal rights of another party in the contract. In this regard, due to legal nature of the provisions of treaties and agreements, and to inform parties in contract, presence by legal experts at the engineering sector has been necessitated so as to resolve most of the challenges arisen from ambiguity or deviation in understanding the legal concepts of contract and observing legal rights in the framework signed previously, whereby this will help to prevent any legal conflict. In addition, presence by legal experts in the contract administration as a sector separate from executive sectors to resolve any concern or obtain outcomes of contract for the contractors, can avoid disturb in the process of execution of projects and delays.
خلاصه ماشینی:
"In this regard, due to legal nature of the provisions of treaties and agreements, and to inform parties in contract, presence by legal experts at the engineering sector has been necessitated so as to resolve most of the challenges arisen from ambiguity or deviation in understanding the legal concepts of contract and observing legal rights in the framework signed previously, whereby this will help to prevent any legal conflict.
Treaty has been regarded of administrative contracts, in which the employer who is executive (government) undertakes to sign it, and even client representative likewise private entities cannot play an independent role in determining and changing the conditions governing treaty.
Text of treaty has been drafted by the Management and Planning Organization of Iran (MPO) as a "Uniform Contract Type" and granted to the executive agencies and government organizations, except the cases as the sections including the name of employers and contractor, title, no, date, amount, date of starting the project, parties' address, and other sections of private conditions must be filled, and no change and manipulation must be applied on the terms, sentences and provisions.
Thereby, drafting contract and representing a clear definition for parties’ will cannot be devolved upon anyone, which requires a person specialized at this field of science, and further it has been mentioned of a great importance due to nature of civil projects in technical perspectives and engineering calculations as well as legal aspects."