Construction law, which is one of the most important branches of administrative law, is a branch of law that seeks solutions in relation to the disputes in the construction sector which is extremely developed in our country in recent years, especially in development law, administrative law and real estate law. Although it is referred to as administrative law and zoning law, it has become a fresh legal field as a branch of law. Construction law is a branch of law that examines all construction activities of buildings and add-ons, not just building and add-on works.
An important part of the basic rules of construction law has been examined in the Works and Sales Contracts section of the Code of Obligations numbered 6098 and the Civil Law No. 4721 contains the rules related to construction law. Development Law No. 3194 and administrative law in itself constitute the source of construction law.
The general principles of construction law can be listed as follows: the relationship between construction and zoning law, types and parties of construction contracts, construction supervision contract and public procurement law and general specifications of construction works. We can list the types of contracts that are of great importance in construction law; work contract, construction contract against land share, income sharing construction contract, international construction contracts (FIDIC).
Disputes arising from the work contract can be listed as follows;
obligations of the contractor,
debts of the business owner,
wage payment debt,
problems caused by delay of work
Violation of the contract
problems arising from subcontracting.
The problems arising from the construction contract against the land share can be listed as follows;
problems arising from the terms of the contract
problems caused by delay of work
the problem of temporary impossibility,
the problem of defective structure,
problem of missing and additional works,
the legal status of third parties.
Disputes arising from income sharing construction contracts can be listed as follows;
minimum income commitment,
legal disputes concerning default and disgrace.
In international conventions, the following problems arise;
the debts of the owner and engineer,
Problems arising from FIDIC contracts.
Procedures such as ‘zoning and parceling plans,,’ building permits,, kullanma use of buildings sağlayan, which ensure the construction of the constructions that are the subject of construction law in accordance with the zoning order and rules and which have very important limitations in terms of property rights; im zoning legislation oluşturan constituting the basis of the transactions constitutes a separate and thorough examination area. In addition, after the entry into force of the Law No. 6306 on Dönüştür Transformation of Disaster Risk Areas kentsel, urban transformation practices became more widespread day by day and created a separate discussion and application area with many legal issues. Today, the administrative and judicial jurisdiction is one of the main issues that concern the zoning and thus construction law disputes. This has made construction law a common area where the branches of private and public law are nourished by the mutual interaction and therefore it is not possible to examine these disciplines completely from one another.
Construction law, the recent law is the most important branch of the legal problems to pregnant women to get help from a professional law firm on behalf of Turkey to receive sufficient services in this area would be appropriate. Çağ Law Office, which has expert and experienced lawyer staff in the field of construction law, has the infrastructure to provide all kinds of legal services in this field.
Our Services in the Field of Construction Law:
-Preparation of construction and works contracts for land share
-Tapu transactions (easement, usufruct rights, mortgage, pledge, measure)
-Preparation of real estate sales promises
-Mortgage and pledge facility transactions
-Checking the compliance of projects with environmental legislation
-Tapu facility, registration and cancellation lawsuits and follow-up
– Legal settlement of disputes regarding the right of usufruct, the right of passage and in-kind rights
– Preparation of contracts for contracting, procurement, subcontracting and similar construction services and legal settlement of disputes arising from these contracts.
-Floor ownership and easement installation
– Opening and following up the compensation cases for cancellations
-Preparation of pre-sale and rental contracts
-The construction and operations of the building cooperative
-The effective defense during both investigation and prosecution phase related to construction pollution and other crimes, which constitute the criminal dimension of construction law, due to the violation of license.
In order to benefit from all of the above services, you can easily reach us from the contact resources on our contact page.