Evaluation of Employer’s Right of Termination in Construction Contracts due to Default of the Contractor within the Ambit of Provisions of FIDIC Contracts and Contracts for Work as part of Turkish Code of Obligations

Evaluation of Employer’s Right of Termination in Construction Contracts due to Default of the Contractor within the Ambit of Provisions of FIDIC Contracts and Contracts for Work as part of Turkish Code of Obligations

Tuğrul İNCİ

2019/01 1. Baskı, 166 Sayfa

ISBN 978-605-7909-36-7

Either order of an ornate vase by the landlords or a multi-million dollar railway projects tendered by the governments, basically, constitute contracts for work. FIDIC Rainbow Suite of contracts is specifically tailored for construction works in international context and terms of which can be resembled to articles of the Turkish Code of Obligations regulating the contracts for work in essence. This book analyses employer – contractor relations and reciprocatory obligations of them and in this context, it evaluates the right to terminate of the employer in case of breach of obligations by the contractor. As the construction sector develops and requirements therein differ, both the Turkish Code of Obligation and FIDIC contracts' approach to this matter will change and diversify. Law is a living instrument and will keep evolving as the societies develop and go further. However, for starting point to understand this topic, I hope this book would create a vision.(ARKA KAPAKTAN)

Table of contents

1. PREFACE
1.1. Background
1.2. Acknowledgements

2. LAW AND PRACTICE OF FIDIC CONTRACTS
2.1. HISTORY AND PURPOSE
2.2. ADVANTAGES OF USAGE OF FIDIC CONTRACTS
2.3. KEY POINT FOR USAGE OF FIDIC CONTRACTS TEMPLATES
2.4. SCOPE OF THE RAINBOW SUITE OF CONTRACTS
2.5. SUMMARY OF THE SCOPE OF THE RAINBOW SUITE OF CONTRACTS
2.6. STRUCTURE OF FIDIC CONTRACTS
2.7. PRACTICE OF FIDIC CONTRACTS AND DEFINITION OF KEY PARTY TO FIDIC CONTRACTS: ENGINEER

3. ASSESMENT OF LEGAL STATUS OF FIDIC CONTRACTS UNDER TURKISH CONTRACT LAW
3.1. INTRODUCTION
3.2. CORE PRINCIPLES ABOVE THE CONTRACTS LAW IN TURKISH PRACTICE
3.3. EVALUATION OF TYPE OF CONTRACTS IN ACCORDANCE WITH FREEDOM OF WILL UNDER TURKISH PRACTICE

4. CONTRACT FOR WORK UNDER TCO AND COMPARISON WITH FIDIC CONTRACTS
4.1. GENERAL
4.2. RESPONSIBILITIES OF THE PARTIES

5. DEEP UNDERSTANDING OF THE EMPLOYER'S RIGHT FOR TERMINATION DUE TO DEFAULT OF THE CONTRACTOR AND THE PROCEDURE TO BE FOLLOWED IN THIS REGARD UNDER THE AMBIT OF TCO AND FIDIC 
CONTRACTS
5.1. EMPLOYER'S TERMINATION RIGHT FROM THE PERSPECTIVE OF TCO
5.2. TERMINATION RIGHT FROM THE PERSPECTIVE OF FIDIC CONTRACTS AND ANALOGY TO TCO PROVISIONS

6. CONCLUDING REMARKS AND SUMMARY

7. BIBLIOGRAPHY