WC infrastructure: how to negotiate adjustment of contractual deadlines?

Faced with the unpredictability of certain hazards on construction sites, public project owners have the option to extend contractual deadlines beyond the original terms of public contracts, subject to compliance with a strict legal framework. Me Deryany Reda, specialist in public procurement, explains the conditions required to implement this option.

In Morocco, the construction and public works (BTP) sector is experiencing unprecedented growth with record investments of 64 billion dirhams announced for 2024, an increase of 56% compared to 2023. This increase is explained in particular by structuring projects related to the Al Hoceima earthquake and an ambitious five-year plan of 120 billion dirhams. The prospect of hosting major events such as CAN 2025 and the 2030 World Cup also requires major projects.

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Faced with this proliferation of large projects, the question of extending the contractual deadlines for certain projects beyond the original duration of public contracts will certainly arise. Deyany Reda, lawyer specialized in public procurement, provides legal insight into the subject:

“Administrative jurisprudence now recognizes the possibility of extending the duration of the performance of a public contract beyond the original contract period, under certain cumulative conditions. “, he explains.

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The first condition is that the initiative comes from the client, who must notify the service provider of the need to continue the work. “It is not the service provider who unilaterally decides to extend a contract that has expired,” emphasizes Me Reda.

Thereafter, the additional services must be essential to complete the actual subject matter of the contract. “If the work carried out after the deadline is absolutely necessary to complete the project, the extension is justified” according to the expert.

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This jurisprudential possibility to extend a public contract is a real opportunity for public project owners. “Faced with the proliferation of mega-projects and the unpredictability of certain hazards, being able to adjust contractual deadlines provides real management flexibility,” analyzes Me Reda.

However, these extensions must not become the norm and must remain the exception, in order to preserve the principles of transparency and competition in the awarding of public contracts.