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contract where force majeure events arise or through agreement
between the contractor and the administration. However, the scope of
this article is expanded with the amendment.
Pursuant to this provision, as amended, in cases where force
majeure events, extraordinary circumstances or other events affecting
the implementation of agreements and its annexes arise, or the provi-
sions of the contract and its annexes contradict one another, the con-
tract or its annexes may be amended by the parties to ensure applica-
bility and comprehensibility of the agreement, provided that the con-
tract price is not amended and upon approval by the Minister of Health.
However, in the event it is understood that the project may not be
completed under the existing terms and conditions due to force
majeure, extraordinary circumstances or any other circumstances not
attributable to contractor, the amount will be adjusted by taking the
date of the final bid into consideration, and the required amendments
will be made in the contract with the approval of the Minister of
Health.
It is explicitly regulated through the amendment introduced by
Law No. 6527 that amendments made in contracts after the tender peri-
od may have retroactive effect. The legislative justification explains the
purpose of this amendment as the prevention of the termination of
long-term projects worth significant amounts, of material damages and
of the rupture of services.
On the other hand, exactly what constitutes force majeure and cir-
cumstances that affect the implementation of the contract and its
annexes are not clearly specified under Law No. 6527. Therefore, it
would be beneficial for the scope of these terms to be clarified in the
secondary legislation governing the application.
Reauthorization of the High Planning Council
Paragraph 9 of Article 4 of Law No. 6428, reads as follows:
“
… After the High Planning Council’s (“HPC”) authorization deci-
sion, where the pre-feasibility report or projects with respect to con-
struction works are changed and will exceed the limits of the invest-
ment cost envisaged in tender documents, then the amended feasibility
report or projects and other related documents will be re-submitted to
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NEWSLETTER 2014