Liability of the contractor for the defective in the work contract

The contract of work, which is a business contract, appears in many ways in daily life. In addition to the construction of large, comprehensive works and structures (bridges, highways, hospitals, airports, tunnels, viaducts, dams, machinery, etc.) that take a long time to build, requiring teamwork and expertise, it is also the subject of the contract of work to have a tailor make a shirt or a shoemaker make a shoe. In the contract of work, the employer expects the contractor to create and deliver a work that has the qualifications agreed with the contract and is suitable for realizing the expected benefit in full. However, sometimes the purpose and expectation of the employer in making the contract are not fulfilled and a defective work is delivered by the contractor. For works that do not meet the expectations of the employer and cannot be accepted, the rights of the employer against the contractor are regulated in the 475th article of the Turkish Code of Obligations No. 6098. The employer is required to review the work (inspection) and report any defects to the contractor in order to meet the provisions of the contractor's liability arising from defects. The exercise of optional rights is subject to special conditions in the law. The employer's optional right will vary according to the nature and significance of the defect in the work. Additionally, the employer has the right to receive compensation for the damages that cannot be compensated despite the exercise of optional rights, provided that the contractor is at fault. In the study, the legal nature of the contract of work, its parties, its elements and form, the concept of defect in the work, the types of defect, the difference of the defect from similar concepts, the required qualifications for the contractor to be held responsible for the defect and the rights of the employer to the contractor due to the defective work has been examined accordingly the different several options in the doctrine and the current Supreme Court decisions.