The Right of Contractor in Increasing His Wage in Construction Contracts: Guide of Iraqi Law for Local and Foreign Contractors as To Contracts That Based On a Lump Sum Wage and Specific Design

Abstract

This paper presents the cases of increasing the wage in construction contract that based on a lump sum wage and specific design, we have shown that if contractor feels that he deserves more than agreed wage, he can ask the employer to increase it. Many local and foreign contractors entered in contracts of constructions do not know their rights, so we present this study to enlighten them and to analyze the relevant legal rules. We found that this case are an exception to the rule that says (the contract is the law of the contracting parties), so we analyzed its justifications and practical benefit. We have proven, that the Iraqi law does not deny the request for an increase in wage if there is a reason for it, because the contractor is supposed to receive a wage equal to the efforts he made for the benefit of employer, this in fact achieves justice. However, the request for an increase is not arbitrary, so the law accurately draws the conditions of increase so that not cause disputes between the parties.