Dülger Law Office/Publications/Article
Assessment of Disputes Arising from Construction Contracts Between the Administration and the Private Sector in the Light of the European Convention on Human Rights, and a Case Study
(İdare ile Özel Sektör Arasında Yapılan İnşaat Sözleşmelerinden Kaynaklanan Uyuşmazlıkların Avrupa İnsan Hakları Sözleşmesi Işığında Değerlendirilmesi ve Bir Örnek Olay)
Abstract
This work was written in Turkish. The summary on this page is a translation; the citation gives the original title in parentheses.
In our country, as in other developed countries that have adopted a liberal economic system, the State (hereinafter also referred to as “the administration” owing to the nature of the subject) has many infrastructure works carried out by persons or institutions operating in the private sector in order to be able to perform its duties in the nature of public service. This is one of the requirements of a liberal economy and is also a necessity if the administration is to perform public services better; otherwise it will not be possible for the administration to perform public services without interruption. In practice, however, a contract is concluded with the private sector for the performance of these infrastructure services, and after the work that is the subject of the contract has been brought to a certain stage or fully completed, the progress payments due to the companies carrying out the work are not paid by the administration on various pretexts, or substantial deductions that are incompatible with the nature of the work are made from the progress payments. When such deductions are made, recourse is had to the judicial bodies provided for in the contract in dispute; yet for some reason these judicial bodies interpret the contracts incorrectly, and in their decisions the administration’s act is found lawful even though it is unlawful.