61 COMMERCIAL LAW caused by unforeseeable circumstance, or fails to reasonably decrease the effects, must be considered.8 Conclusion Leaving the effects of unforeseeable circumstance to the general provisions of the law applicable to the contract leads to various uncertainties, and may cause damages beyond the expectations and calculations of both the contractor and the employer. Therefore, drafting a definition for unforeseeability and unforeseeable circumstance, and also drafting Articles regulating force majeure, hardship and the calculation and adaptation methods to be applied, which were previously practiced and became subjects of court decisions, not only removes the uncertainties, but also reduces the risk of a dispute to a great extent, and even specifies the damages and risks of parties in case of a dispute. 8 Schilling, Alexander: “A Critical View from the Industry”, in Atamer / Süzer Baş / Geisinger, p. 197.
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