INFORMATION TECHNOLOGY LAW (TURKISH, NONTHESIS)
Master TR-NQF-HE: Level 7 QF-EHEA: Second Cycle EQF-LLL: Level 7

Course Introduction and Application Information

Course Code Course Name Semester Theoretical Practical Credit ECTS
OHK5120 Construction Contracts Fall 3 0 3 8
This catalog is for information purposes. Course status is determined by the relevant department at the beginning of semester.

Basic information

Language of instruction: Turkish
Type of course: Departmental Elective
Course Level:
Mode of Delivery: Face to face
Course Coordinator : Prof. Dr. ÖZ SEÇER
Course Lecturer(s): Prof. Dr. ÖZ SEÇER
Course Objectives: The aim of this course is to enable the students who successfully complete the course to apply their theoretical knowledge of construction contracts in practice.

Learning Outcomes

The students who have succeeded in this course;
Students who successfully complete this course:
1. Apply the knowledge learned in the law of obligations to practice.
2. Have knowledge about the problems related to construction contracts frequently encountered in practice.
3. Have general knowledge about the provisions of the Turkish Code of Obligations regarding the contract of work.
4. Understand legal writing and criticism with small assignments before the thesis.
5. Have knowledge about the current Court of Cassation decisions on construction contracts.

Translated with DeepL.com (free version)

Course Content

Week 1: Introduction and General Concepts Definition and legal nature of construction contract

Week 2: Establishment and Elements of Construction Contracts Validity and form conditions

Week 3 Obligations of the Contractor

Week 4 Obligations of the Owner

Week 5: Guarantees and Assurance Mechanisms in Construction Contracts Letters of Guarantee and Surety

Week 6 Subcontractor Relations Legal status of the subcontractor Responsibility of the owner towards the subcontractor Relations between the contractor and the subcontractor

Week 7 Defective Works and Liability for Damages

Week 8 Acceptance and Delivery of the Work Provisional and final acceptance process Legal consequences of acceptance procedures Consequences of non-delivery of the work

Week 9 Termination of the Contract Termination by agreement of the parties Termination due to expiration of the term Ordinary and extraordinary termination

Week 10: Concepts of Force Majeure and Contingency in Construction Contracts
Fate of the contract in case of force majeure

Week 11: Impact of Public Regulations on Construction Contracts

Week 12 General Evaluation and Case Studies Judicial decisions and problems encountered in practice Analysis of sample contracts General evaluation and discussion

Week 13: General Evaluation and Case Studies

Week 14: General Evaluation and Case Studies

Weekly Detailed Course Contents

Week Subject Related Preparation
1) Week 1: Introduction and General Concepts Definition and legal nature of construction contract Relationship between construction contracts and works contracts Types of construction contracts: Turnkey, unit priced etc.
2) Week 2: Establishment and Elements of Construction Contracts Validity and form conditions of the contract Parties and freedom of contract
3) Week 3 Obligations of the Contractor
4) Week 4 Obligations of the Owner
5) Week 5: Guarantees and Assurance Mechanisms in Construction Contracts Letters of Guarantee and Surety
6) Week 6 Subcontractor Relations Legal status of the subcontractor Responsibility of the owner towards the subcontractor Relations between the contractor and the subcontractor
7) Week 7 Defective Works and Liability for Damages
8) Week 8 Acceptance and Delivery of the Work Provisional and final acceptance process Legal consequences of acceptance procedures Consequences of non-delivery of the work
9) Week 9 Termination of the Contract Termination by agreement of the parties Termination due to expiration of the term Ordinary and extraordinary termination
10) Week 10: Concepts of Force Majeure and Contingency in Construction Contracts Conditions of force majeure and contingency Fate of the contract in case of force majeure
11) Week 11: Impact of Public Regulations on Construction Contracts
12) Week 12 General Evaluation and Case Studies Judicial decisions and problems encountered in practice Analysis of sample contracts General evaluation and discussion
13) Week 13: General Evaluation and Case Studies
14) Week 14: General Evaluation and Case Studies

Sources

Course Notes / Textbooks:
References: - ÖZ, Turgut: İnşaat Sözleşmesi ve İlgili Mevzuat, İstanbul 2016.
- KOCAAĞA, Köksal: İnşaat Sözleşmesi, Ankara 2014.
- KURŞAT, Zekeriya: İnşaat Sözleşmesi, İstanbul 2017.,
- SELİÇİ, Özer: İnşaat Sözleşmelerinde Müteahhidin Sorumluluğu, İstanbul 1978.
- KAPLAN, İbrahim: İnşaat Sözleşmeleri Hukuku ve Endüstri Yatırım Sözleşmeleri, İstanbul 2013.

Evaluation System

Semester Requirements Number of Activities Level of Contribution
Total %
PERCENTAGE OF SEMESTER WORK % 0
PERCENTAGE OF FINAL WORK %
Total %

ECTS / Workload Table

Activities Number of Activities Workload
Course Hours 14 42
Study Hours Out of Class 14 126
Homework Assignments 1 30
Final 1 2
Total Workload 200

Contribution of Learning Outcomes to Programme Outcomes

No Effect 1 Lowest 2 Low 3 Average 4 High 5 Highest
           
Program Outcomes Level of Contribution
1) Being able to develop and deepen their knowledge at the level of expertise in the same or a different field, based on undergraduate level qualifications. 4
1) To be able to interpret and create new knowledge by integrating the knowledge gained in the field with the knowledge from different disciplines, 4
1) To be able to systematically transfer current developments in the field and their own studies to groups in and outside the field, in written, verbal and visual forms, by supporting them with quantitative and qualitative data. 5
1) To be able to critically evaluate the knowledge and skills acquired in the field of expertise and to direct their learning. 4
1) To be able to supervise and teach these values by observing social, scientific, cultural and ethical values in the stages of collecting, interpreting, applying and announcing the data related to the field. 4
1) Being able to independently carry out a work that requires expertise in the field. 4
2) To be able to critically examine social relations and the norms that guide these relations, to develop them and take action to change them when necessary. 5
2) To be able to comprehend the interdisciplinary interaction with which the field is related. 5
2) To be able to develop strategy, policy and implementation plans in the fields related to the field and to evaluate the obtained results within the framework of quality processes. 4
2) To be able to use the theoretical and applied knowledge at the level of expertise acquired in the field. 4
2) To be able to develop new strategic approaches for the solution of complex and unpredictable problems encountered in applications related to the field and to produce solutions by taking responsibility. 4
3) Being able to lead in environments that require the resolution of problems related to the field. 5
3) To be able to solve the problems encountered in the field by using research methods. 4
3) To be able to use the knowledge, problem solving and/or application skills they have internalized in their field in interdisciplinary studies. 4