Digital Verification of GPS Data in Calculating Delay Penalties in Administrative Contracts: Ensuring Contractor Protection

Document Type

Article

Source of Publication

Journal of Legal Affairs and Dispute Resolution in Engineering and Construction

Publication Date

2-1-2027

Abstract

The increased use of digital technologies in public administration has created new means for controlling the execution of administrative contracts. Of all these digital technologies, global positioning system (GPS) tracking has been recognized as a means to ascertain contractors' observance of contract terms regarding dates and to identify possible delays in the execution of contractual obligations. The legal validity of GPS data has also posed a number of issues, including its authenticity, its accuracy, and the protection of contractors against false digital evidence. This research focuses on the legal implications of using GPS data as a basis for computing delay penalty calculations in administrative contracts. It also analyzes the possibility of using GPS data as reliable digital evidence to ascertain the contractor's location and time of arrival and the legitimate use of the data to justify the authority of the administration to impose financial penalties on the contractor. This research is premised on the hypothesis that while GPS data can be used to improve administrative efficiency and accuracy in monitoring contractual obligations, its use must be accompanied by legal and technical verification to ensure the integrity and reliability of the data used. The importance of the stipulations made in contracts with regard to the use of GPS technology is also highlighted by the study, along with the need to ensure the availability of technology and procedural safeguards such as verification of the data, transparency of the data processing, and the availability of an opportunity for the contractors to dispute the data. The significance of providing an opportunity to dispute possible inaccuracies before imposing financial sanctions is also highlighted, thereby maintaining the concepts of fairness and due process through the judiciary in the field of administrative law. Ultimately, the research seeks to provide a balanced framework of law that addresses the interests of the administration in the effective supervision of the contract, as well as the right of the contractor to procedural protection. The establishment of effective digital verification mechanisms would enable the administration to make effective use of the GPS data while protecting the rights of the contractors.

ISSN

1943-4162

Publisher

American Society of Civil Engineers (ASCE)

Volume

19

Issue

1

Disciplines

Law

Keywords

Administrative contracts, Contractor protection, Delay penalties, Digital verification, Global positioning system (GPS) data

Scopus ID

105052597687

Indexed in Scopus

yes

Open Access

no

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