Contractor's default and the consequences of default in a construction agreement in exchange for land share

This thesis examines construction contracts based on land share, which are private law agreements, within the framework of the contractor's default due to failure to fulfill their obligations and the legal consequences arising from such default. This hybrid structure, which combines elements of both a contract of work and a preliminary real estate sale agreement, brings about numerous technical and legal challenges in practice. The study first evaluates the legal nature of the contract, the parties involved, the form requirements, and the obligations imposed on each party. It then explores the legal and factual grounds leading to the contractor's default, detailing the conditions necessary for default to occur, such as maturity, the possibility of performance, fault, and notice. In the event of the contractor's default, the landowner's optional rights—such as specific performance, compensation claims, or contract termination—are analyzed in light of decisions by the Court of Cassation and scholarly opinions. Additionally, the thesis discusses topics such as penalty clauses and lump-sum damages, the impact of additional work on default, contract adaptation, and termination. This study aims to offer solutions to the legal problems arising from this type of contract and to serve as a practical guide for practitioners.