The Issue of Delays in the Execution of Government Investment Projects in Iraq: An Applied Study in Light of The Implementation Instructions for Government Contracts No. 2 Of 2014 With A Comparison to the Jordanian Model
DOI:
https://doi.org/10.35246/p92knn63Keywords:
Delay, Investment Projects, Jordanian ModelAbstract
The delayed execution of government investment projects is one of the most pressing challenges facing development in Iraq. Despite the existence of the Government Contracts Implementation Instructions No. 2 of 2014, these delays persist and often result in substantial economic losses and missed investment opportunities. This research aims to analyze the legal and administrative reasons behind the repeated delays in the implementation of such projects. It adopts a practical approach by examining selected case studies and official audit reports from Iraqi oversight bodies to identify the main weaknesses in the legal framework, particularly regarding the bidding process, contract awarding, execution phases, penalty mechanisms, and follow-up procedures. The delay in the completion of government investment projects in Iraq is a recurring and ongoing phenomenon that casts negative shadows on the developmental and economic reality. It has become a real barrier to improving the investment environment and attracting capital. The main reason for this delay is attributed to deficiencies in the legal and regulatory framework governing government contracts, especially the Government Contracts Execution Instructions No. (2) of 2014, which were not designed adequately to address emergencies and changes that occur during execution. The current mechanisms do not ensure speed in allocation, and they suffer from the multiplicity of oversight bodies and overlapping authorities, creating excessive bureaucracy.
Furthermore, the study provides a comparative analysis with the Jordanian model, which has demonstrated relative success in improving the efficiency of public investment projects. By exploring the legal structure and regulatory practices in Jordan—especially the public procurement system and digital oversight tools—the study aims to extract valuable lessons that could inform Iraqi legal reforms.
Downloads
References
Ahmed Zakaria Siyam, Mechanisms for Attracting Foreign Investments to Arab Countries in the Context of Globalization: Jordan as a Model, Al-Balqa Applied University, Jordan, North African Economics Journal, Issue 3, pp. 82 and 91, Annual Report of the Iraqi Board of Supreme Audit (2022)
ii. Janan Al-Asadi, Al-Sabah Newspaper, second and third pages, published on 11/3/20
iii. Hassan Shabiri Zanjani, Aref Abdul Jalil, Contractor Obligations in Iraqi Law, Journal of Human and Natural Sciences, Issue Seven, Volume Six, July 2025,
iv. Al-Hafidh Mani', Muhammad Hamli, The Impact of the Theory of Exceptional Circumstances on Contract Implementation, A Comparative Study, Journal of Legal Studies and Research, Volume 7, Issue 1, 2022.
v. Khaled Ali Suleiman Bani Ahmed, The Difference Between Force Majeure and Exceptional Circumstances, A Comparative Study Between Islamic Jurisprudence and Positive Law, The Jordanian Journal of Islamic Studies, Issue 2, Year 2006.
vi. Dina Hanna Abdel Malik Hanna, Maha Mohamed Imam Al-Halabi, Doaa Abdel Rahman, Risk factors in interior design projects, Arab International Journal of Art and Digital Design, Volume 3, Issue 2, April 2024
vii. Sahar Jabbar Yaqub, Contract Termination due to Impossibility of Performance due to Extraordinary Circumstances, A Research Submitted to the University of Kufa / College of Law, Journal of the Center for Kufa Studies, Year 2008, Issue 7
viii. Singara Aisha, Faisal: Distinguishing Between the Theory of Exceptional Circumstances, Force Majeure, and Sudden Accident and Their Applications, Journal of Law and Human Sciences, University of Djelfa, Algeria, Volume 16, Issue 1, Year 2023
ix. Ghazi Edan Al-Hashimi Shaghaf, Identifying the Factors of Project Delays: A Case Study of the Directorate of Roads and Bridges in Basra, A Study Submitted for the Award of a Higher Diploma to the Council of the College of Administration and Economics, University of Basra, 2022
x. Sakhr Ahmed Naseef, Force Majeure and the Doctrine of Exceptional Circumstances During the Outbreak of Epidemics and Disasters, University of Diyala, College of Law and Political Sciences.
xi. Abdel Hafeez Mani, Mohamed Hamli, The Impact of Exceptional Circumstances on Contract Execution, A Comparative Study, Journal of Legal Studies and Research, Volume 7, Issue 1, Year 2022.
xii. Alaa Kazem Hussein Al-Murshidi, The Effect Resulting from the Seller's Refusal to Register the Property According to Civil Law and the Decisions of the Dissolved Revolutionary Command Council, Journal of the Faculty of Law, September 2, 20232)
xiii. Majda Abu Tayr, Expectations for Accelerated Cooperation Between Jordan and Iraq, Published in Al-Alam Al-Arabi Magazine, Amman, Jordan, January 23, 2023
xiv. Alaa Kazem Hussein Al-Murshidi, The Effect Resulting from the Seller's Refusal to Register the Property According to Civil Law and the Decisions of the Dissolved Revolutionary Command Council, Journal of the Faculty of Law, September 2, 20232)
xv. Majda Abu Tayr, Expectations for Accelerated Cooperation Between Jordan and Iraq, Published in Al-Alam Al-Arabi Magazine, Amman, Jordan, January 23, 2023
xvi. Marivan Mustafa Rashid, Azhar Abdullah Hassan, 'The Experience of Power Transfer in Iraq (Positives and Negatives),' Journal of Al-Qalam University College (Special Issue), 5/6/20202)
xvii. Moataz Faisal Al-Abbasi, 'Prevention of Corruption in Government Contracts,' Al-Bayan Center for Studies and Planning, April 2024
xviii. Nizar Abdul Amir Turki Al-Ghanimi, Hamad Jassim Mohammed Al-Khazraji, Financial and Administrative Corruption and Its Role in Limiting the Iraqi Economy After the American Occupation of Iraq in 2003,
xix. a paper published in the 13th Annual Scientific Conference of the College of Law / University of Karbala, 2017.2) A workshop at the Ministry of Planning on the Mechanism of Work of the Board of Supreme Audit and Its Role in Addressing Stalled Projects, Ministry of Planning Website, September 2024.
xx. Ministry of Public Works and Housing / Government Tenders Department / Unified Contract for Construction Projects / 2010 / 2nd Edition amended 2013
xxi. Ministry of Planning, Editorial Team, Statement by a Spokesperson of the Ministry of Planning on Al-Saa'a Network, How much Iraq lost due to numerous stalled and fictitious projects, July 5, 2025
xxii. Al Kulabi, A. K., & Atiea, H. M. J. (2022). Time overruns in the construction projects in Iraq: Case study on investigating and analyzing the root causes. Open Engineering, 12(1), 702. https://doi.org/10.1515/eng-2022-035
xxiii. Bekr, G. A. (2015). Causes of delay in public construction projects in Iraq. Jordan Journal of Civil Engineering, 9(2), 149–162.
xxiv. Bekr, G. A. (2018). Study and assessment of causes and effects of delay in large public construction projects in Jordan. International Journal of Applied Engineering Research, 13(8), 6204–6210.
xxv. Alhawatmeh, O. S., Riazi, S. R. M., Shafiei, M. W. M., Nawi, M. N. M., & Ahmed, Y. H. (2022). The use of supply chain management to reduce delays in Jordan’s infrastructure projects. International Journal of Academic Research in Accounting, Finance and Management Sciences, 12(3), 287–291.
xxvi. Al‑Karawi, S. N. (2018). Challenges facing construction contracts in Iraq. Journal of Engineering and Sustainable Development, Al‑Mustansiriyah University, 22(4), xx–yy
xxvii. Zain‑alabdeen, W. R., & Rasheed, S. M. (2022). Comparison of time extension provisions between the Joint Contracts Tribunal and Iraqi Standard Bidding Document. Journal of the Mechanical Behavior of Materials
Laws:
i. Iraqi Civil Law No. 40 of 1951
ii. Instructions for the Implementation of Government Contracts No. 1 of 2008
iii. Instructions for the Implementation of Government Contracts No. 2 of 2014
iv. Regulations annexed to the above instructions
v. Unified Contract Book for Construction Projects 2010 / Ministry of Public Works and Housing / Government Contracts Department / 2013 amended edition
vi. Guide to Implementing Government Contracts in Iraq / Part Four / Goods Contracting Process
vii. Jordanian Labor System No. 71 of 1986 and its amendments
viii. Iraqi Federal Integrity Commission, Annual Report for 2023, Baghdad.
ix. Federal Board of Financial Supervision, Annual Reports for 2022 and 2023
Web Site:
iii. https://mop.gov.iq/archives/25606?utm_source=chatg.
iv. https://uomosul.edu.iq/contract/wp-content/uploads/sites/40
v. fbsa.gov.iq
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
Copyright and Licensing:
For all articles published in Journal of Legal Sciences, copyright is retained by the authors. Articles are licensed under an open access Creative Commons CC BY 4.0 license, meaning that anyone may download and read the paper for free. In addition, the article may be reused and quoted provided that the original published version is cited. These conditions allow for maximum use and exposure of the work.
Reproducing Published Material from other Publishers: It is absolutely essential that authors obtain permission to reproduce any published material (figures, schemes, tables or any extract of a text) which does not fall into the public domain, or for which they do not hold the copyright. Permission should be requested by the authors from the copyrightholder (usually the Publisher, please refer to the imprint of the individual publications to identify the copyrightholder).
Permission is required for: Your own works published by other Publishers and for which you did not retain copyright.
Substantial extracts from anyones' works or a series of works.
Use of Tables, Graphs, Charts, Schemes and Artworks if they are unaltered or slightly modified.
Photographs for which you do not hold copyright.
Permission is not required for: Reconstruction of your own table with data already published elsewhere. Please notice that in this case you must cite the source of the data in the form of either "Data from..." or "Adapted from...".
Reasonably short quotes are considered fair use and therefore do not require permission.
Graphs, Charts, Schemes and Artworks that are completely redrawn by the authors and significantly changed beyond recognition do not require permission.
Obtaining Permission
In order to avoid unnecessary delays in the publication process, you should start obtaining permissions as early as possible. If in any doubt about the copyright, apply for permission. Journal of Legal Sciences cannot publish material from other publications without permission.
The copyright holder may give you instructions on the form of acknowledgement to be followed; otherwise follow the style: "Reproduced with permission from [author], [book/journal title]; published by [publisher], [year].' at the end of the caption of the Table, Figure or Scheme.
