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Usage of FIDIC contracts in Turkish jurisdiction is understood in scope of ‘freedom…
Contract for work as a typical / nominate contract, is regulated in TCO between Articles…
“Contract for work is the contract that the contractor undertakes to create a work and the employer undertakes to pay the price against it.”…
The CoA has endorsed the definition in the Article 470 of TCO as follows:-…
“Contract for work, is a synallagmatic transaction contract. Deed of the contractor is, create the work and hand-over to the employer whereas the deed of the employer is to pay the price of the work.”(61)…
It is to be noted that, in the definition, just the ‘creation’ has been mentioned…
Briefly, under TCO, contract for work has two main liabilities incumbent on parties:…
• Performance securities are subject of ‘contracts for guarantee’ which is a sui…
• Insurance is part of TCC and regulated under Article 1401 et seq. In FIDIC Rainbow…
o Insurance for work and contractor’s equipment,…
o Insurance against injury to persons and damage to property,…
o Insurance for contractor’s personnel,…
o Insurance for professional liabilities. …
In summary, FIDIC contracts consist of different type of typical contracts in addition…
Apart from the above, delivery of the work in FIDIC contracts includes different…
In accordance, thereof, for the essence of the FIDIC contracts which is creating…
