EVALUATION OF LITIGATION PROCESS IN TURKISH CONSTRUCTION INDUSTRY FROM EXPERT WITNESSES’ PERSPECTIVE
Abstract
A project contains numerous tasks coordinated with associated resources to achieve specific goals. The nature of a project depending on its density of multidisciplinary tasks is considered to be very sophisticated. Therefore, encountering many challenges and risks is probable. When the number of tasks and resources along with their interactions are considered, dispute in a project could be inevitable. In this situation, project parties mostly tend to resolve their disputes through litigation. Nevertheless, in our previous studies, it was detected that 96.1% of the cases were rejected by the Courts of Cassation due to inadequate expert witness, lack of expert witness report, missing review or wrong assessment etc. Hence, it is thought that examining the actors of litigation process is vital in terms of their qualifications and competency levels. Expert witnessess are inavitable parts of litigation process as they play significant roles in the cases concerning construction. Judges mostly rely on the opinions of expert witnesses for the cases containing technical and specific subjects like construction ralated cases. To investigate the qualifications and competency levels of these actors in detail, semi-structured interviews were made with expert witnesses as a qualitative study. Consequently, via analysing the opinions and advices of the expert witnesses, the lack of knowledge in construction terminology and process have been detected for the concerned judicial actors as well as insufficient qualifications and their levels of competency.
Keywords
References
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Details
Primary Language
English
Subjects
Engineering
Journal Section
Research Article
Authors
Murat Çevikbaş
*
Süleyman Demirel Üniversitesi
0000-0002-8421-6591
Türkiye
Almula Köksal
This is me
Yıldız Technical University
0000-0003-2630-9711
Türkiye
Publication Date
April 27, 2018
Submission Date
March 9, 2018
Acceptance Date
April 20, 2018
Published in Issue
Year 2018 Volume: 6 Number: 2
Cited By
Identification of Dispute Sources in the Construction Industry via Court Files
Turkish Journal of Civil Engineering
https://doi.org/10.18400/tjce.1224425