Giving up of obligation from a contractor to fulfilling its obligation until the other partner done his opposite obligation; named by the Legal jurisprudential:" non-performance "objection.

This objection has been widely used in the civil contracts, but it isn't in the same in administrative contract, because of its private nature. This research will be talking about the problems which face the applying of this objection in administrative contracts, and how will we solving them? Comparing these problems between the Saudi legal system and the Egyptian legal system.

To achieve the aims of this research, the researcher divided it into a tow section, in the first one he talks about the Legislative problems and his suggestion solutions and in the second he talks about the judicial problems and his suggestion solutions.

Finally, the researcher concluded his research work by results, conclusions and references.