Fortuitous events in the contract of works

The subject of this study is "Fortuitous Events in the Contract of Works". Art. 470-486 of the Turkish Code of Obligations No. 6098 regulates the contract of work, in which the contractor undertakes to create a work and the owner undertakes to pay a price (fee) in return. The price agreed by the parties in the contract of work can be generally classified as lump sum and approximate price. In a contract based on the lump-sum price, the contractor bears the risk of the price. Even if the work requires more endeavor or expense than foreseen, the contractor cannot demand an increase in the price as a rule. However, the terms present during the establishment of the contract can be altered due to unexpected circumstances that occur later. If this change has a negative impact on the contractual obligation of the contractor, the adjustment of the contract or termination of the contract comes into consideration. The impact of fortuitous events on the work contract is not limited to just the price aspect. Fortuitous events occuring after the establishment of the contract may lead to the termination of the contract by affecting the subject matter of the contract, the contractor, or the customer. In this study, the main aspects of the contract of work, fortuitous events, the effect of fortuitous events on the contract of work, and the fortuitous events in the context of FIDIC contracts are discussed.