Yetersiz kalan geoteknik çalışmalarda kusurun sorumlu taraflar arasında paylaştırılmasında güvenilirliğe dayalı yöntemlerin kullanılması

Increasing number of problems and disputes resulting from these problems have been observed in the construction and utilization phases of the residences, infrastructures and engineering structures that have been accelerated recently in our country. As there are no competent persons or organizations that might be referee between the parties, settlement of these legal disputes is looked for in the jurisdiction system. According to the Turkish Law system, the "legal expertise" is frequently consulted for the settlement of a case requiring special knowledge and technical legal expertise within the aim of helping the judge to understand the related case, to analyze the complex and contradictory parts of the case and to the make the best judgment. Risk and uncertainty is indispensable in the design, application or management issues related to geotechnical engineering. Compared to the uncertainties present in the other divisions of the civil engineering, one can see that the uncertainties and risks are at a much higher level in geotechnical engineering. Despite the huge contribution of the scientists in the theoretical issues and to the quality increased in the practice thanks to the developed technology; there are still structural damages that may end up with collapse or destruction in the field of geotechnical engineering applications. Naturally judicial rights are researched not only for the indemnification of these damages but also for the penal sanctions. The disputes related to the geotechnical engineering applications faced in Turkish Law System as well as the role and solution suggestions of the expert are presented in this study.