Investigation on Particular Contractual Issues in Construction

Abstract

Construction companies have to challenge difficulties in undertaking private or public projects in domestic and international venues. This study focused on contractual issues encountered by Turkish companies as a case study. The main aim of the research was to investigate particular difficulties encountered by Turkish companies and remedies to overcome or prevent the adverse effects. This research focused on the problem areas, their causes, and executed contracts. In order to meet these aims, research methods included literature survey, analysis of courts of cessation decisions, interviews with 37 contractual staff in 30 companies which are members of Turkish Contractors’ Association, and analysis of 41 contracts to understand their types and conditions. Throughout this investigation, the findings revealed classification of contractual issues as finance, time, compliance, technical documentation, and clauses related difficulties. Practitioners can benefit from this paper by obtaining information through experiences of other companies. By reading this paper the readers can better prepare themselves to avoid and cope with claims and issues. Furthermore, companies intending to establish joint venture or consortium with Turkish construction companies will be able to foresee and prevent/overcome possible difficulties.