Judicial principles and studies
Contractor's Obligation on Work Materials and Trial Court's Power to Summon Parties
A brief summary of the contractor's duty to provide work materials in line with contract terms and the allocation of the burden of proof for alleged breaches, together with the trial court's discretionary power to summon parties for interrogation.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
This summary addresses the contractor's duty to supply work materials in whole or in part as stipulated by the contract and places the burden of proving any alleged breach on the party asserting it. It also addresses the trial court's discretionary authority under Article (76/2) of the Code of Civil Procedure to summon parties for interrogation when it deems such measures necessary for matters it considers pertinent.
Summary
Where a contract requires the contractor to provide all or part of the work materials, the contractor must supply them in accordance with the contract, and the party alleging noncompliance bears the burden of proof. The power to summon parties for interrogation under Article (76/2) is a discretionary competence of the trial court exercised when the court considers it necessary to resolve particular issues. This content is a general educational summary and not a judicial text or legal advice.
Practical significance
- In contractual disputes, evidentiary disputes will center on compliance with the contractual specifications for supplied materials or on the claimant's proof of breach. - In litigation practice, the trial court may choose to summon parties for interrogation as a discretionary procedural step when clarification of specific issues is needed. - Preserving contractual documents and evidence about material specifications is important to substantiate conformity with contract terms.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.