Extension of time in construction contracts and its appearance in FIDIC contracts

This study aims to determine, firstly, the notion of extension of time, whether it has a legal basis under Turkish law and its legal nature. These topics have been explained under Section I of this thesis. Once these have been established, the second chapter deals with questions of under which circumstances one would be entitled to an extension of time, as well as when and by whom such an evaluation will be made. Asssesments under this chapter have been made presupposing that the parties do not have an agreement regarding the extension of time. This chapter also analyses to which extent the approach of the international construction practice can be applied to Turkish law. Within the core of our analysis rests the Society of Construction Law's Delay & Disruption Protocol and Association for the Advancement of Cost Engineering International's the Recommended Practice no. 29R-03 Forensic Schedule Analysis. Section III of this study examines the presumption that there is an agreement between the parties, specific to FIDIC Contracts. The chapter deals with the circumstances and conditions under which one would be entitled to an extension of time. The procedures provided under the FIDIC Agreements for both pre-dispute and post-dispute phases, enable a considerable foreseeability for the parties as well as ease at reaching the material facts.