Contractor's responsibility in construction contracts in International Private Law

A need for a standard international contract has arisen in the presence of the difficulty for parties from more than one nation to comprimise over such points as law, tradition, and custom in the international environment. As regards international trade practice, various standard contarcts related to construction business are already in use.FIDIC standard rules in construction contracts arranged as a result of technical and legal needs are adopted in practice into many construction contracts due to the fact that such institutions as the World Bank recommend and require them in affairs that they fund.FIDIC rules were created to establish a balance between parties and reaffirm the parties? faith in the contract even at the arrangement stage, especially in construction contracts. It is now possible to say that this goal has been achieved to a great extent.When parties agree to apply FIDIC standard rules in their contracts, they will not only save time but can avoid future legal conflicts by determining, even at the arrangment stage, points that are difficult to assess in advance. On the other hand, since FIDIC standard contracts alone cannot be enough to resolve disagreements all the time, parties need to either create additional regulations or choose to apply a law system.If Turkish Law is was determined as the law to be applied in international construction contracts as a result of the rules of law controversy or on the will of the parties involved, then the Turkish Code of Obligations, No. 818, and other related domestic law arrangements will be used.Due to their technical and complex structure, construction contracts require a special arrangement. However, in our law, the rules of the Turkish Code of Obligations, No. 818, regarding work contracts and the General Spesifications of Public Works containing technical rules are used in construction contracts.Regulations with private clauses related to construction contracts are very few in our law system. Only regulations related to contracts for works exist in the Turkish Code of Obligations, No. 818, and in the draft bill for the new code of obligations expected to pass into law soon. Yet, private regulations in construction contracts are needed in our law due to their techinical and complex structure.Obligations and other responsibilities of the contractorin a construction contract can be devided into two as those until the date of submission and those after.In this thesis, the subject matter was studied in three main sections. The first section focused on the obligations and responsibilities of the contractor until the submission date. In the second section, the stage after submission was analysed, that is, responsibilities arising from faulty performance, conditions, and consequences.In the third section, the law to be applied as the basis in the contractor?s respnsibility was aimed to be determined. For this determination, the previously abolished Turkish Code Concerning Private Iİnternational Law And Civil Procedure (MÖHUK), No. 2675, and Turkish Code Concerning Private Iİnternational Law And Civil Procedure, No. 5718, which came into force in 2007, were comparatively analysed, and the related clauses of FIDIC rules were also included.