Liability of the contractor for defective performance in the construction agreement in return for land share

In the construction contract in return for land share, two of the contractor's obligations are the construction of the contracted building without any defects and its delivery to the land owner. In the event that the contractor violates the obligation to construct without defects, it is possible for the land owner to apply to the provisions of liability arising from defects against the contractor and to exercise his optional rights. However, for this, the construction must be completed and delivered to the land owner, the construction must be defective, the defect in the construction must not be caused by the land owner, the land owner must not accept the delivery of the construction, the contractor's responsibility must not be removed by agreement, and the statute of limitations must not have passed. In addition to these conditions, the burden of review and notification by the land owner must also be fulfilled. If the conditions are present, the land owner will be able to use one of the optional rights of rescinding the contract, discounting the price and free repair. It is also possible to claim compensation according to the general provisions.The subject of our study is the scope of the contractor's responsibility due to defective performance in the construction contract in return for the land share, the liability conditions and the rights of the land owner. In the first part of our study, the construction contract in return for land share will be examined in general. In this context, the definition of the contract, its elements, legal nature, parties, form and the obligations of the parties within the scope of the contract will be discussed. In the second part of our study, first of all, the liability of the contractor arising from the defect in the construction contract in return for land share, the concept of defect, the types of defects, the distinction between defective work and incomplete work will be evaluated. Subsequently, the material and formal conditions required for the contractor's liability for defective performance will be examined. In the last part of our study, the optional rights of the landlord against the contractor due to defective performance, the conditions, form and scope of the use of these rights, the legal nature, the effect and consequences of the exercise of the optional rights on the contract will be evaluated, and the scope of the right to claim compensation according to the general provisions will be examined.