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defects could only be detected at a future date–, then it is deemed as
acceptance of the work.
Limitation Period
In case of defective work, the limitation period for filing a case
with respect to movable properties is two years, with respect to immov-
able properties is five years and if the contractor has gross fault, twen-
ty years commencing from the delivery date.
Conclusion
Contract of Work, defined as a contract under which the contractor
undertakes to perform a certain specified work whereas the principal
undertakes to pay a price in exchange, is regulated under articles
470–486 of the Turkish Code of Obligations numbered 6098, which
has been entered into force as of 01.07.2012
In case of an occurrence of defects liability of the contractor, the
principal will have three alternative rights which are (i) revocation of
contract, (ii) requesting discount proportionate to defect and (iii)
requesting repair of work from the contractor free of charge.
The principal can exercise the right to revocation of contract if the
delivered work is not suitable for the intended purpose of principal or
the work is not incompliance with the contract and therefore it is not
justifiable to force the principal to accept the work.
Apart from the abovementioned alternative rights, the principal’s
right to claim compensation in accordance with general rules is
reserved.
In case of defective work, the limitation period for filing a case
with respect to movable properties is two years, with respect to immov-
able properties is five years and if the contractor has gross fault, twen-
ty years commencing from the delivery date.
LAW OF OBLIGATIONS
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