Comparison of the Contractor's Claims According to the FIDIC Red Book and the Turkish General Spesifications for the Construction Affairs

Abstract

The concept of contract states an agreement, a convenience. In general a contract of work is a contract governed by private law, with the exception of being contrary to public order. In Turkish implementation of construction contract has a sub-regulation which used in public procurements. In generally, claim is an interest or remedy recognized by law; the means by which a person or organization can obtain a privilege, possession, or enjoyment of a right or thing. According to The FIDIC Red Book the contractor can claim extention of time, payment and resource however, according to the Turkish General Specifications for the Construction Affairs the contractor can only claim extention of time. In The FIDIC Red Book the engineer is an independent being but in the Turkish General Specifications for the Construction Affairs the engineer is an employee of the government and for this reason the engineer is not as independent as the engineer in the FIDIC Red Book. Detailed comparison of the contractors' claim in the each text is given in the article. 

Keywords

• Construction contracts,Contractor's claims,FIDIC red book,Turkish general spesifications for the construction affairs

References

1. Kılıçoğlu, Prof. Dr. Ahmet; Obligation Law, General Condition, 19th Edition, Ankara, 2015. Güven, Prof. Dr. Kudret; General Principles of Turkish Law, 4th Edition, Ankara, 2016. Ansay; Tuğrul - Wallace Don Jr; Introduction to Turkish Law, 3rd Edition, Ankara, 1987. Frics, John Papworth; Claims Under The New FIDIC Conditions of Conract, www.fidic.org/sites/default/files/papwoth_claicus.pdf, accessed on 21.08.2018. Esener, Prof. Dr. Turhan; Introduction to Law, 11th Edition, İstanbul, 2015. Aral, Prof.Dr. Fahrettin, Ayrancı, Prof. Dr. Hasan; Obligation Law, Private Liability Relations 11th Edition, Ankara, 2015. Turkish Contractors Association; Construction Contracts, A Seminar on the Construction Contracts for Managers-Engineers-Architects and Lawyers,1st Edition, Ankara, 1996. Uğur, Latif Onur; Modern Approaches İn The Management Of Construction Contracts, 1st Edition, Ankara, 2007 Eren, Prof. Dr. Fikret; Obligations Law, Private Condition, 4th Edition, Ankara, 2017