DoctorateOpen Access

Default of the contractor in the construction agreement

2008
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Advisor: Prof. Dr. Şeref Ertaş

Abstract (EN)

In a construction agreement within the period, the value and the quality of the work to be done, are composed of the three important points of the agreement. In the completion and the concession of the construction on time, there are not only the busibness owner, also the contractor has benefits that are to be protected as well.The debtor default is the coherence of the primitive act responsibility on time with the debt programme. In the construction programme, the contractor?s primitive act responsibility is the completion and the concession of the construction to the business owner on time. In case the construction is not completed and conceded on the required time, with the other circumstances consists of the default of the contractor. In the construction agreement, the realization of the concession is not based on the building to be absolute and free from defects. If an uncompleted construction is conceded legally, the business owner can suggest his rights that derives from that default according to thr 96 and the following articles of the Law of Obligations.In case the default of the contractor is appeared, firstly the business owner can demand the completion and the concession of the construction and with the delay reason the payment of the damage.Moreover, provided giving extra period of time, the business owner can discard the completion of the construction and can demand the payment of the positive damage or can denounce the agreement and demand the negative damage. In case the business owner demand the positive damage, the business owner can demand the compensation according to the change or difference of the damage.In case the agreement is denounced, return debts of the parties will appear. In case the agreement is denounce, the business owner can demand the registration of the land rates that was transferred to the contractor in his name with the correction of he land registry registration case. In that case the contractor also demand the vale of the work done.

Author

Dr. Serkan Ayan

How to Cite

Serkan Ayan (Doctorate thesis). Default of the contractor in the construction agreement, 2008, Dokuz Eylül University.

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