Right to request rectification of defect and indemnification in construction agreements

In this thesis named "Right To Request Rectification of Defect And Indemnification in Construction Agreements", firstly required conditions in order to resort to the liability of the contractor in case of defective construction, circumstances which eliminate the liability of the contractor, statute of limitations and, in general, optional rights of contractee which are arised from defective performance are reviewed. Secondly, right to request rectification of defect which is one of the optional rights of contractee which are arised from defective performance is discussed in detail and in this context the legal nature of the right, the comparison with other similar requests, special conditions, the debt of the rectification of defect and its content, default in performance and circumstances of poor performance, the circumstances that prevented the rectification of defect and lastly the exception of non performance are emphasized. Finally, in the event of defective performance, the contractee's right to request indemnification according to the general provisions and its content, indemnification items which can be requested are discussed. In order to wholly analyse the subject, opinions in doctrine is given in the disputed points, the Court of Cassation decisions are used, and old and new law provisions are given comparatively, as required. In the final section, conclusion, the conclusion of this work is summarised. Key words: Construction contracts, Defect, Right to Rectification of Defect, Right to Indemnification