The construction sector has developed due to the increase in the human population. Accordingly, some disputes have arisen in the construction industry. Upon the emergence of disputes, the field of Construction Law was created.
The work-labour and sales contract, which forms the basis of construction law, is regulated in the Turkish Code of Obligations. This law includes building, extensions and construction works. It also has a close relationship with real estate law.
The content of the construction law consists of construction contracts, construction contracts in return for flat, license and zoning applications, deed establishment, registration, cancellation cases, contracting contracts.
The contract of work-labour is defined as follows in the 470th article of the Turkish Code of Obligations. “A work-labour contract is a contract in which the contractor undertakes to create a work and the employer undertakes to pay a price in return.” The contractor is the person who undertakes to make the work, and the employer is the person who will own the work for a fee. Work-labour contracts are non-formal, consent, instant, fully debt contracts.
Construction contracts are a form of view of the work-labour (exception) contract. A construction contract is an agreement between the contractor and at least two or more parties to do this work for a certain price. It is possible to divide the construction into movable and immovable construction. Real estate construction is the subject of construction contracts.
Apart from simple structures, tunnels, bridges, dams, subways, skyscrapers, etc. projects are large enough to affect the economies of the country. For these constructions, it can be agreed with domestic companies as well as with foreign companies. FIDIC rules are implemented in international construction contracts. FIDIC is an international type contract established in the construction field. The rules regulated in FIDIC are not binding. The parties can use these provisions exactly and make various changes as well as use them in their contracts. In case of any dispute, the arbitrators they designate, the law of the country they have accepted and the interpretation of the high court as the highest authority are applied. The Turkish construction industry first met with FIDIC when it started its outward opening in Arab countries.
In disputes arising in the construction law, the general provisions of the Code of Obligations and other laws can also be applied according to the nature of the event. The parties may also choose arbitration in disputes between them. For the arbitration agreement or clause to be valid, the parties must clearly state this.
Within the scope of the work contract, the transfer of the property and the promise of sale are included in the construction relationship in return for the land share, so such lawsuits must be filed at the court of the place where the immovable property is located. Compensation lawsuits to be filed against the contractor are filed in the court of the place of residence of the defendant. The court of the place where the contract will be executed, that is, the construction is made, is also authorized. The court in charge is the civil court of first instance.
