What is a Construction Contract? In what cases is it made?

A construction contract is a written agreement in which a contractor undertakes to build a specific building or residence under certain conditions and usually for a price. In Antalya, these contracts are seen in two main types, especially "construction contract in return for flats" and "turnkey contract".

  • Construction contract in return for flats: It is based on the principle that the land owner gives a certain number of flats to the contractor in exchange for the land.

  • Turnkey contract: The contractor undertakes to complete the entire project and deliver the key on the specified date.

The written form requirement is mandatory and notarization is recommended. Otherwise, it may be difficult to prove in case of disputes that may arise.

Basic Legal Basis for the Contractor's Obligations

The contractor's obligations are mainly regulated within the scope of the Turkish Code of Obligations and the Civil Code . In addition, the decisions of the Supreme Court of Appeals constitute a precedent in resolving disputes arising between the contractor and the landowner or buyer.

These obligations are generally based on the principles of "duty of care", "liability for defects" and "delivery on time". The contractor must complete the building in accordance with the technical specifications and the project and deliver it on time.

What are the main responsibilities of the contractor?

  1. Delivering Construction on Time:
    The building must be completed and made usable within the delivery time specified in the contract.

  2. Construction in Accordance with Technical Project:
    No construction work can be carried out in violation of the licensed project. Compliance with static, architectural and installation projects is a must.

  3. Avoiding Defective Workmanship:
    If the exterior, interior decoration, plumbing, etc. of the building are defective, the contractor is responsible. The responsibility continues for five years.

  4. Compliance with Building Permits and Zoning Regulations:
    Illegal construction, unlicensed additional floors or unplanned applications result in both legal and criminal liability for the contractor.

Common Contractor Violations and Dispute Types in Antalya

  • Flats Not Delivered on Time:
    Especially in contracts in return for flats, the construction period is extended, which causes grievances for the land owner.

  • Defective and Defective Workmanship:
    Problems such as paint peeling, electrical failures, and water leaks are frequently encountered.

  • Use of Materials Contrary to Contract:
    It is common to use poor quality products instead of materials such as ceramics, parquet, and kitchen cabinets that are written in the contract.

  • Sale without Establishment of Floor Allotment:
    Some contractors sell without a legal title deed being created; this can lead to major lawsuits in the future.

Lawsuits that can be filed against the Contractor in case of breach of contract

  1. Delivery Case:
    For buildings that are not completed on time, a delivery lawsuit is filed and the building is requested to be completed.

  2. Compensation Case:
    Material and moral compensation may be claimed for reasons such as defective workmanship, delay, material defects.

  3. Contract Termination and Refund Case:
    In cases where the building is not delivered at all or the permit is not obtained, the contract may be terminated and the price paid may be refunded.

Sample Case Decisions and Results in Antalya

  • Lawsuit Filed Due to Undelivered Flat:
    In a project in Kepez, the landowners filed a lawsuit after the construction was delayed for 3 years, and the court ruled that the contractor had breached his delivery obligation and awarded a high amount of financial compensation.

  • Termination Due to Defective Delivery:
    In a case in Muratpaşa, serious defects were detected in the bathroom, kitchen and exterior facade after the delivery of the building, the contract was terminated based on the expert report and the price paid by the buyer was returned with interest.

  • Deed Cancellation Due to Unlicensed Construction:
    In the lawsuit filed by the landowners for a block built without a license in Konyaaltı, the title deeds were cancelled and the demolition of the building was decided.

How to Resolve the Grievance in Case of Contractor Failure to Act in Accordance with the Contract?

  1. Send Notary Notice:
    First of all, send a written warning to the contractor through a notary public and give him time to complete the deficiencies.

  2. Apply for Mediation:
    An agreement can be reached through mediation, which will become a legal obligation after 2023.

  3. Apply to Court:
    If a settlement cannot be reached, a lawsuit can be filed by applying to the civil court of peace or civil court of first instance. Claims for material and moral compensation must be added.

Ways to Clarify the Rights and Responsibilities of the Parties in a Construction Contract

  • Detailed and Clear Contract:
    Make sure to put details such as material quality, delivery time, and penalty clauses in writing.

  • Add Technical Specification:
    All technical details of the structure to be delivered (bathroom tiles, electrical installations, etc.) must be clearly stated.

  • Notarization and Witnessed Signature:
    It must be confirmed in the presence of a notary that the contract has been read and signed by the parties. The witness signature also adds strength.

Most Frequently Asked Questions

What happens if the contractor delivers the flat late?
→ If it is written in the contract, a delay penalty may be applied. Otherwise, a compensation lawsuit may be filed.

What is the time limit to file a lawsuit for defective workmanship?
→ You can file a lawsuit within 5 years from delivery. However, this period may be longer for hidden defects.

Who can be sued for illegal floors in Antalya?
→ The contractor and the relevant building inspection company may be held liable. A lawsuit may also be filed against the administration.

What is the process if the title deed is not delivered?
→ Transfer of ownership can be requested by filing a title deed cancellation and registration lawsuit.

Can rights be sought in construction works without a contract?
→ Yes. Proof is possible with witnesses, documents and payment receipts.

Is mediation necessary?
→ Yes. From 2023 onwards, it will be mandatory to consult a mediator before filing a lawsuit in commercial and construction contracts.

Things to Consider Before Signing a Construction Contract in Antalya

  1. Research the Contractor's Background:
    Previously delivered projects, case history, licenses and occupancy documents should be examined.

  2. Check Title Deed and Zoning Status:
    The suitability of the land in question for construction and the status of illegal construction must be checked.

  3. Get Legal Advice:
    When preparing the contract, support should be sought from a real estate law expert and the entire process should be documented.