Contractor's contractual liability under FIDIC rules in International Law
2012
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Danışman: Prof. Dr. Vahit Doğan
Özet (EN)
International construction sector is developing towards being a sector where protective measures are taken by bringing human health and environment to forefront and where it is targeted to make durable constructions with strong foundations. Within this scope, success of the contractors who place bids to the works to be made in accordance with the said standards as demanded by employers depends on their knowledge on technical and legal legislation in effect either in their home countries or in foreign countries where they will engage in activities, and on their compliance with certain international standards and environmental rules.Construction contracts in the international sector have been achieving a more sophisticated face by leaving their local images day by day due to their provisions. In this respect, it is attempted to provide standardization for legal forms of protection of contracting parties. There is need for organizing an international organization occupationally and uniforming its rules in order to save time in terms of the actors of this field parallel with the globalization rate of the construction sector, legitimize the relationship between the parties and ensure applicability of it for years by taking the model contracts as a guide. FIDIC emerged in response to this need and became the largest and most competent federation which is organized globally, consists of national consultancy-engineering unions, constitutes the basis of credit allocation procedures of large organizations providing financial resource such as the World Bank, European Development Bank, and of which members agree to comply with professional ethic rules.Pursuant to FIDIC Contracts, in order to mention of liability of the contractor, it is required to determine the contractual obligations (responsibilities) of the contractor at first. Within this scope, pursuant to FIDIC contracts, the contractual obligations(responsibilities) of the contractor are listed in one article in general sense and the details are discussed in many parts of the contract texts. It is possible to gradually gather such obligations under three main title as 1) contractor?s obligations before establishing the contract (tender period) and commencing the work, 2) contractors? obligations after establishing the contract (the process following the acceptance period) and during the work, 3) contractor?s obligations directed to completion of the work and after completion of the work.In FIDIC contracts, the responsibility issue is mainly discussed within the scope of contractual responsibility and the responsibility out of contract is left for domestic laws. In other words, FIDIC contracts arranged the rights of the parties to make only contractual demands. Within this scope, if the contractor does not fulfill his contractual obligations, the rights to demand arising in for the employer are arranged as extension of time, suspension of works, adjustments for changes in cost, indemnities, termination and remedy of defecets.Key Words:1. Contractual Liability,2. Law,3. Contractor,4. Contract.
Yazar
F. Elif Çelik Ekşi
Kurum
Bu Yayına Nasıl Atıf Yapılır
F. Elif Çelik Ekşi (Doctorate thesis). Contractor's contractual liability under FIDIC rules in International Law, 2012, Gazi University.
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Lisans
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