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Defects Liability of Contractor under Contract of Work
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Att. Ceyda Buyukoral
Contract of Work is regulated under Articles 470 – 486 of the
Turkish Code of Obligations (“TCO”) numbered 6098, which has been
entered into force as of 01.07.2012 after being published in the Official
Gazette dated 04.02.2011 and numbered 27836.
Definition of Contract of Work
Article 470 of the TCO defines Contract of Work as “a contract
under which the contractor undertakes to perform a certain specified
work whereas the principal undertakes to pay a price in exchange”.
The New Code of Obligations worded the terms differently than
the abrogated Code of Obligations.
Defects Liability of Contractor
The general liabilities of contractor are regulated under article 471
of the TCO, liabilities of contractor with respect to material and equip-
ment are regulated under article 472 of the TCO and liabilities of con-
tractor with respect to timing and performing work are regulated under
article 473 of the TCO. The defects liability of contractor is regulated
under article 474 and subsequent articles.
Pursuant to Article 474 of the TCO entitled “Determination of
Defect”, the principal shall examine the work in due course following
the delivery and if there is defect, inform the contractor within a
reasonable time.
Each contracting party, at its own cost, may request from an expert
to examine the work and compile a report.
Alternative Rights of Principal
In case of a defects liability of the contractor, the alternative rights,
which may be exercised by the principal, are set forth under Article
LAW OF OBLIGATIONS
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Article of June 2012