Ulaşım alt yapı projelerinde risk değerlendirmesi ve alternatif uyuşmazlık çözüm uygulamaları

Construction process of a project has a caotic relations structure, which composes of various amounts of inputs. This complexity contains many uncertainties and risks. When those risks occur, disputes may arise. The purpose of the theis is to assess transport infrastructure project risks and analyze the effects of alternative dispute resolution practices on those risks. Accordingly, thesis will be composed of; - Construction Risks - Contract Types - Examination of dispute resolution practices - Preparation and analyze of risk matrix for transport infrastructure projects Construction industry is a risky industry. To be able to asses those risks a Risk Management concept is developed. Risk management deals risk with; - Risk identification - Risk assessment and analysis - Risk response However, Turkish companies still use their information and experience rather than a professional risk management. However, they try to prevent them from risk; risk in construction industry cannot be depleted. In the thesis, construction project risks and their sources have been investigated. Construction projects are exposed to; - Political risks - Economical and financial risks - Cultural risks - Design risks - Site risks - Construction risks - Environmental risks - Subcontractor and supplier risk Chapter 3 explains contract types in construction projects. The most popular contract type FIDIC and Turkish Public Procurement Law is defined and explained. Dispute resolution methods are introduced in construction projects in chapter 4 which are; - Litigation - Arbitration - Dispute Resolution/Adjudication Board - Adjudication - Expert Fact-Finding - Executive Tribunal - Mediation - Negotiation Plusses and minusses of those methods are assessed. Except litigation and arbitration, they all are part of Alternative Dispute Resolution (ADR) methods. ADR operating mechanism is explained. Instead of courts, ADR provides experts to settle the dispute. ADR can offer flexibilities to the parties if requested. Moreover, ADR can settle the issue much faster and cheaper. In chapter 5, infrastructural transport projcet risks have investigated with a literature research study. Highway, railway, tunnel and bridge project risks have investigated. In chapter 6, a risk matrix is composed from the research fromchapter 5. A questionnaire is prepared with these risks. Respondants were composed of technical personnel in infrastructure transport projects and has knowledge about risks and contracts about projects. Questionnaire composed of two parts. In the first part, respondants were asked probability of occurrence of risks, impacts when it occurs and ADR effect to settle the dispute of that risk. In second part, dispute resolution methods are asked and reasons to use or not to use ADR in case of a dispute is asked. In the second part of chapter 6, the questionnaire results had evaluated with risk rating method. Second part of the questionnaire showed that, litigation and arbitration are used more than ADR in transport infrastructure projects. The reason of this issue is lack of knowledge and effect of ADR in case of a dispute. The companies that used ADR have satisfied and indicated to use ADR in another dispute arises.