ملخص
Boot contracting and its useability scope in implementing construction projects in LibyaThe development of construction projects is considered among the most important indicators of development and progress of society. Numerous project areas that have witnessed development in Libya in recent decades, including construction and building, whether infrastructure projects, productivity or investment projects. As the engineering projects department is one of the most important elements of the success of the project, and is therefore important to develop contractual aspects associated with the urban development stages in the country. Despite, the role posed by construction projects in our country, but they face through their various stages of implementation to a number of problems that may not be addressed in regulations and legislations currently in force, and this call to think of changes or additions to these systems, such as the proposal of new contractual patterns that contribute to the implementation of these projects in the best possible way. Therefore, this research aims to propose concession contracts, which are a range of patterns differ in application depending on the type of project contracted, and these contracts share the notion that they are projects owned but public authorities and funded from outside the general budget, the type of contract selected is the BOOT (Build, Operate, Own & Transfer) contract to be the topic of this study. The stage approached by Libya of the large urban development through the implementation of large construction projects requires the preparation of budgets and human resources, equipment, materials and machinery, and the question before us is whether the implementation requirements available to the general implementation bodies; that includes budgets or human work staffs of engineers, supervisors and workers and suppliers, as well as operators and administrative officials allows for the implementation of these projects? The importance of this research lies in the opening of a broad area both to domestic and foreign investments, and give the opportunity for the private sector to participate in the anticipated urban boom in the use of concession contracts (BOOT (Build, Operate, Own, Transfer)), and these promote the public owner of the project to grant the concession right to a private entity to implement the project and this entity is known as the concession authority, it implements the project and has temporarily ownership of it and operate it for a period of time known as concession period, and that is determined in the contract and at the end of the period the whole facility is delivered fully operational and without any expenses to the public authority the original owner of the project, and the financier could recover the costs of the implemented project through its operation and granting the good investment returns. This research adopts the methodology of the analysis of a sample of administrative contracts to identify the problems encountered in construction projects, causes and classification, and the study has been supported by information compiled by distributing a questionnaire in addition to interviews with the elements of the study sample that was represented in a group of engineers and experts who have been carefully selected to represent most of the public authorities the owners of the projects as well as advisory bodies, after the data collection through methods mentioned above, which is the practical side of the study, information was also obtained through the search in scientific reference sources concerning concession contracts, definition, use and features, etc. this is the theoretical side. It has been analyzed by statistical analysis methods and reach recommendations and proposals to help use concession contracts as a solution to some of the problems facing construction projects in Libya, also reach the preparation of a proposal for a principle concession contract model that can be used by stakeholders in their contracts, with the recommendation to keep research in this field to overcome some difficulties that might result from using this type of contract.