Compensation of negative damage in rescission of contract due to debtor's default in construction contracts

In construction contracts, the contractor's obligation to deliver the building is determined as the primary performance within the scope of the contract, that is why it holds great importance that the delivery of the building is carried out at the agreed time and in accordance with the contract. When we look at the practice regarding construction contracts and the case law dating back to today, it is seen that the dispute between the parties generally arises from the default of the contractor. In case of default of the contractor, it is accepted that negative damages can be claimed within the scope of construction contracts in cases where the employer chooses to use the optional right to rescission of the contract. Negative damage is defined as the damage suffered due to the breach of trust due to the fact that the contract, which was believed to be complied with and fulfilled, did not become valid and was not fulfilled. In our thesis study, we tried to conduct research and analysis on the employer's rescission of the contract and compensation for negative damage in case of default in the contractor's obligation to deliver the structure. Our thesis consists of two main parts. In the first part, the conditions of the contractor's default, the rights of the employer arising from the default and employer's right to rescission of the contract are tried to be explianed ; In the second part, the claim of the concept of negative damage within the scope of construction contracts, damage items, calculation and limitation of damage are tried to be explained.