Minimum economic benefit commitment in construction contracts

Minimum economic benefit commitments in construction contracts are set out to encourage and induce contractors for the execution of major construction contracts. While some of these commitments have the characteristic of guarantee commitment, the others have either the characteristic of non-independent guarantee clause or merely a provision of the contract. The purpose of this dissertation is to identify the legal nature of minimum economic benefit commitments in construction contracts and to determine which provisions are applicable for such commitments depend on whether they are pure guarantee commitment or not. The characteristics of construction contracts have also been taken into account in such determination. In this context, minimum economic benefit commitments have been examined on the basis of the characteristics of construction contracts and pure guarantee commitments. In this study, firstly the problems in practise have been identified by determining the essence of the matter, and then these problems have been examined comparatively in the light of the doctrine and the Court of Cassation' rulings by using the investigative research method.