A Jurisdiction and Liability of the Parties in Contracts for the Construction of Public Works: a Study of Wrongful Acts Committed by the Contractor Against Third Parties

Abstract

This academic article examines the jurisdiction and liability of contractual parties in contracts for the construction of public works, specifically in cases where a contractor commits a tort against a non-contracting third party. Because such agreements are classified as administrative contracts and fall under the jurisdiction of the Administrative Court, three main issues arise: 1) State liability to a third party: The study reveals that the Administrative Court has reached divergent decisions based on three different grounds: liability for the acts of the agency itself, its representatives, and the employer. However, the author argues that the contractor serves merely as an instrument of the administrative agency in providing public services; therefore, the agency must be held liable for its own acts. 2) Jurisdiction over the contractor’s liability to a third party: The author contends that since the contractor lacks the status of an administrative agency, they cannot be sued for liability in the Administrative Court. 3) Jurisdiction over state liability to a third party: The author posits that the provision of public works inherently constitutes an exercise of administrative power and duty. Consequently, any resulting damages to a third party fall within the adjudicative jurisdiction of the Administrative Court.