Sertyeşilışık, B (2007) An investigation on the application of standard contracts in the Turkish construction industry. PhD thesis, Middle East Technical University, Turkey.
Abstract
Construction contracts are one of the most important tools in the construction sector. They define the various aspects, obligations and relations between each party that are necessary to reach a common expected goal. They contribute to successful completion of projects. Turkish construction companies have successfully completed many projects in domestic and international venues and gained important experience in this respect; however, they still encounter problems in application. The aim of this study was:- to analyze Yapım İşlerine Ait Tip Sözleşme (Standard Contract for Construction Works, YIATS) of Kamu İhale Kurumu (Public Procurement Authority KİK) and Fédération Internationale des Ingénieurs-Conseils(International Federation of Consulting Engineers, FIDIC) standard contract for construction;- to identify problem areas and their causes in application of contracts;- to compare YIATS and FIDIC contracts with respect to problem areas;- to analyze views, experiences and recommendations of companies about YIATS and FIDIC contracts. In this study, based on survey conducted on contract literature, questionnaire was applied to member companies of Türk Müteahhitler Birliği(the Turkish Contractors’ Association, TMB). Applied standard contracts, Court of Cessation decisions and International Chamber of Commerce (ICC) arbitration awards were analyzed to determine problem areas. Telephonic and face-to-face interviews were performed with staff of companies for further information on their answers, their opinions and recommendations on problem areas. Additionally, hypotheses were tested: to determine the effect of existence of clauses on exposure of contractors to consequences of problems emerged in execution phase of contract; to analyze relationship between problems encountered in FIDIC or YIATS and financial, temporal and non-compliance problem areas; to analyze effect of cost determination method on emergence of problems related to these areas. These studies revealed main problem areas as: financial, temporal and non-compliance issues.
| Item Type: | Thesis (Doctoral) |
|---|---|
| Thesis advisor: | Elias-Özkan, S T |
| Uncontrolled Keywords: | FIDIC; arbitration; commerce; compliance; emergence |
| Index terms: | arbitration, construction industry, commerce, construction work, investigation, construction contract, FIDIC, emergence, exposure, construction sector, questionnaire, survey, construction company, consulting engineer, face, compliance, interview |
| Subjects: | dispute resolution, data collection methods, profession, public and environmental health, systems engineering, industry analysis, standard forms of contract, contract type, organization, operations management, psychology, health safety and environment, asset management |
| Topics: | Health and Safety, Project Management, Engineering Principles, Procurement, Legal Issues, Business Strategy, Research Practice, Roles and Professions, Organizational Design |
| Descriptive scope: | 5 PCTEA |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here