Comparative analysis of FIDIC-Red Book and the Turkish public procurement legislation

Construction industry provides a considerable value-added input to countries' economies in the world. Due to this large volume of the construction industry, a variety of terms and conditions in contracts is expected to come out depending on the executed work. As the number and volume of construction works increase, the number of disputes between the parties increase and the contractual relationship has a more complicated nature. Therefore, it is required that construction contracts be updated continuously. FIDIC based contracts constitute about 30% of construction contracts around the world. In this context, it is necessary to be aware of the FIDIC based contracts in terms of reducing possible disputes between the parties. In Turkey, construction contracts financed by World Bank or European Union are subject to FIDIC rules. Therefore, it is essential that FIDIC legislation is well understood by contracting entities. In this study, legislative frameworks of FIDIC Red Book (1999) and Public Procurement Law (PPL) were compared with each other in general. As a result of the comparative analyses in this study, the compared issues can show shortcomings in the frameworks. Therefore, PPL and FIDIC legislations were evaluated in this respect and certain recommendations were made. Consequently, based on the comparative analyses throughout this thesis, it is expected that shortcomings in these legislations could be identified and removed.