Year 2019, Volume , Issue 5, Pages 25 - 37 2019-06-21

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

Latif Onur UGUR [1] , Zeynep Doga INAL [2]

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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. 

Construction contracts, Contractor's claims, FIDIC red book, Turkish general spesifications for the construction affairs
  • 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
Primary Language en
Journal Section Articles
Authors

Author: Latif Onur UGUR

Author: Zeynep Doga INAL

Dates

Publication Date: June 21, 2019

Bibtex @research article { epstem581188, journal = {The Eurasia Proceedings of Science Technology Engineering and Mathematics}, issn = {}, eissn = {2602-3199}, address = {ISRES Publishing}, year = {2019}, volume = {}, pages = {25 - 37}, doi = {}, title = {Comparison of the Contractor's Claims According to the FIDIC Red Book and the Turkish General Spesifications for the Construction Affairs}, key = {cite}, author = {UGUR, Latif Onur and INAL, Zeynep Doga} }
APA UGUR, L , INAL, Z . (2019). Comparison of the Contractor's Claims According to the FIDIC Red Book and the Turkish General Spesifications for the Construction Affairs. The Eurasia Proceedings of Science Technology Engineering and Mathematics, (5), 25-37. Retrieved from http://dergipark.org.tr/epstem/issue/46264/581188
MLA UGUR, L , INAL, Z . "Comparison of the Contractor's Claims According to the FIDIC Red Book and the Turkish General Spesifications for the Construction Affairs". The Eurasia Proceedings of Science Technology Engineering and Mathematics (2019): 25-37 <http://dergipark.org.tr/epstem/issue/46264/581188>
Chicago UGUR, L , INAL, Z . "Comparison of the Contractor's Claims According to the FIDIC Red Book and the Turkish General Spesifications for the Construction Affairs". The Eurasia Proceedings of Science Technology Engineering and Mathematics (2019): 25-37
RIS TY - JOUR T1 - Comparison of the Contractor's Claims According to the FIDIC Red Book and the Turkish General Spesifications for the Construction Affairs AU - Latif Onur UGUR , Zeynep Doga INAL Y1 - 2019 PY - 2019 N1 - DO - T2 - The Eurasia Proceedings of Science Technology Engineering and Mathematics JF - Journal JO - JOR SP - 25 EP - 37 VL - IS - 5 SN - -2602-3199 M3 - UR - Y2 - 2019 ER -
EndNote %0 The Eurasia Proceedings of Science Technology Engineering and Mathematics Comparison of the Contractor's Claims According to the FIDIC Red Book and the Turkish General Spesifications for the Construction Affairs %A Latif Onur UGUR , Zeynep Doga INAL %T Comparison of the Contractor's Claims According to the FIDIC Red Book and the Turkish General Spesifications for the Construction Affairs %D 2019 %J The Eurasia Proceedings of Science Technology Engineering and Mathematics %P -2602-3199 %V %N 5 %R %U
ISNAD UGUR, Latif Onur , INAL, Zeynep Doga . "Comparison of the Contractor's Claims According to the FIDIC Red Book and the Turkish General Spesifications for the Construction Affairs". The Eurasia Proceedings of Science Technology Engineering and Mathematics / 5 (June 2019): 25-37.
AMA UGUR L , INAL Z . Comparison of the Contractor's Claims According to the FIDIC Red Book and the Turkish General Spesifications for the Construction Affairs. EPSTEM. 2019; (5): 25-37.
Vancouver UGUR L , INAL Z . Comparison of the Contractor's Claims According to the FIDIC Red Book and the Turkish General Spesifications for the Construction Affairs. The Eurasia Proceedings of Science Technology Engineering and Mathematics. 2019; (5): 37-25.