The contract of construction in return for share plot and standard contract clauses comments

The contract of construction in return for share plot is the type of a contract which is brought by the socio-economic needs and has widespread application in our country. The contract of the consideration of apartment has become a frequently applied method between land owners and contractors at the present time where construction sector is growing up rapidly. While land owners who are not able to effort expenses of construction of building can get maximum benefit from their own land, contractors also able to meet their own profit expectations as a results of selling independent apartments earned with commitment to pay construction expenses of building and paying no money for land.The contract of construction in return for share plot is not a type of contract regulated and described in law of obligations of Turkish law system. The contract of the consideration of apartment system carries terms of construction and real estate sale contracts issued in law of obligations of Turkish law system.The contract of construction in return for share plot brings many problems during preparation and implementation stages of the contract as well as and the construction of the building. A positive relationship between the landowner and the contractor at the beginning of contract is broken down during sharing individual apartments, transferring individual apartments to contractor, delays in construction period, arguments about materials used in construction and similar reasons. This situation has led to disputes between the parties.The aim of this thesis was to investigate contract conditions of the firms signed the contract of construction in return for share plot, to determine problems associated with the property owner and to build the infrastructure for the standard construction contract. In order to achieve the specified goal mentioned above, a literature search on the subject was done and information obtained from this survey was used as the base for interview questions.The scope of the field research carried out was construction companies working in the construction sector with the contract of the consideration of apartment system. As a results of evaluating the findings of this field research; structures of firms engaged in the contract of the consideration of apartment system were established, issues causing disagreement between the contractor during preparation and implementation stages of the contract were determined, information about the contract issues causing dispute was transferred and the methods used for solving disagreements were determined. With examination of contract samples obtained from the contracting companies, the important issues were explained by comparing responses of the companies to interview questions and relevant comments were stated.According to the results of field research, infrastructure can be established for the professionals who are working on this area and comments for the contract of the consideration of apartment system which can be benefitted by firms engaged in the contract of the consideration of apartment system were expressed.The first part of the thesis consists of an introduction. In this section, the purpose of thesis was explained by emphasizing the importance of the subject.In the second part of the thesis, information obtained from the literature about the contract of the consideration of apartment system is discussed according to systematic order.In the third part of the thesis, the methods used in the thesis for firms engaged in the contract of the consideration of apartment system are explained. The aim, scope, and methods of the study are described in this chapter.In the fourth section of the thesis, the data obtained from the interviews is demonstrated. In this section, the findings obtained from the examination of interview responses, the findings obtained from comparison of the contracts of companies with FIDIC (Federation des Ingénieurs Conseils Iternational) and the public procurement contract, and the data obtained from an examination of the contracts of the companies participated in survey are described.In the fifth section of the thesis, the results of the thesis work were interpreted and construction contract clauses for the contract of construction in return for share plot were proposed.The sixth chapter of the thesis is results section. In this section, the overall results according to purposes of this thesis were evaluated, recommendations were stated.Keywords: The contract of construction in return for share plot, contracts, standard contract, the parties rights, responsibilities of the parties