TR
EN
1.1.1 Clause 5 of the SYE Sub-Contract says: “After the Effective Date occurs, the Employer shall issue a Notice to Proceed to the Contractor to commence the Works, which Notice shall indicate the Commencement Date in accordance with Sub-Clause 8.1 [Commencement of Works) of the Conditions of Contract. The Notice to Proceed will be issued no later than 49 calendar days after the Effective Date…
-
Go to
: -
Favorites
-
Display setting:
A⇡ Enlarge font
ᴀ⇣ Reduce font
ᴀ⇣ Reduce font
Hide page number
Links
Publisher:
On İki Levha Yayıncılık
Publication date:
January 2017
ISBN:
978-605-152-447-4
Edition:
1
On İki Levha Yayıncılık
Publication date:
January 2017
ISBN:
978-605-152-447-4
Edition:
1
Authors:
İlhan Helvacı
You only have rights to document if you have Profesyonel + package.
E. QUESTIONS AND ANSWERS
I. GENERAL ISSUES
1.1 Question 1. Based on the terms of the Sub-Contract and the contractual…
1.1.2 Clause 8.1 of the SYE Sub-Contract Conditions says: “Commencement of Works.…
1.1.3 SYE have submitted that (1) M “has breached Art 8.1 of the Conditions of Contract.”…
1.1.4 Reference is made to M’s letter dated 13 June 2007. This said “We would like…
1.1.5 Reference is also made to the minutes of the meeting on 19 June 2007 at Item…
1.1.6 SYE issued Invoice No 1 on 30 November 2007. They argue that this requested…
1.1.7 SYE further argue (and again, M deny) that they did everything they could in…
1.1.8 SYE attended monthly progress meetings and submitted certain progress reports…
1.1.9 SYE contend that due to a lack of a valid commencement notice, the works didn’t…
1.1.10 In terms of Turkish law and the factual and contractual circumstances, did…
In its letter dated 13 June 2007, the main contractor has made
“We would like to inform you that A Consortium (M) was notified of the Commencement Date of Contract CR1 as 21st…
As seen, in the first sentence of this explanation, the main contractor advises…
In fact, this sentence is not as clear as the following sentence:…
“We would like to inform you that the work commencement date has been designated as June 21, 2007 in accordance with sub-clause 8.1 of the Conditions of Contract.”…
However, I should forthwith state that the main contractor must refer to the theory…
In the doctrine, as argued by Prof. Dr. Kemal Oğuzman(1):…
“Theory of confidence” or “principle of confidence” (Vertrauenstheorie, principe de la confiance) that plays an important role in determining the existence of a legal procedure and interpreting a legal procedure that has taken place is founded on the rule of good faith. In this respect:…
……
b. In the interpretation of a legal procedure, the sense to be at-
In this context, it should be possible to characterize the main contractor’s declaration…
The following wording noted in the minutes of meeting of 19.07.2007 held between…
“MC (M Corporation) advised that the start date (D) would be on 21 June 2007 on which date the handover of land by D … will commence.”…
As the main contractor argues, and confirms with its evidence, the minutes of this…
I think it is simply acceptable that the meaning of the minutes is clear and even…
1.1.11 By SYE’s proceeding even in some limited way with the Sub-Contract between…
One of the most important principles of our legal system is the principle of good…
This principle is written as follows:…
“Every person is bound to exercise his rights and fulfill his obligations according to the principles of good faith …
The law does not protect the evident abuse of a person’s right.”…
According to this principle, everyone must act honestly when exercising their own…
An analysis of the present dispute from this perspective shows that the subcontractor’s…
Indeed, one of the principles based on the principle of good faith is the prohibition…
1.1.12 Please also consider and respond to the issues raised by SYE in their Submissions…
I cannot possibly agree with the subcontractor’s Submission dated 14 June 2013 in…
1.2 Question 2. In terms of the Sub-Contract (which does not provide for a 14 day ultimatum for termination under clause 15.2(c), which was the provision relied upon for termination in this case), was there a requirement (as SYE now contend) for a 14 day ultimatum/cure period after the issue of a clause 15.1 Notice to Correct? Please note that the Notice to Correct dated
Clause 15 of the contract between the parties contains provisions concerning termination…
Clause 15.1. of the contract governs “notice to correct”. According to this provision,…
Subsequent to this provision, clause 15.2 of the contract provides the conditions…
The first sentence of the third paragraph in clause 15.2. of the contract stipulates…
In light of the above, I can make the following determination in brief: The employer…
At this point, I should also state that I cannot agree with the arguments of the…
D. PRELIMINARY EXPLANATIONS
II. HEADS OF SYE CLAIM
