Comparison of the Contractor's Claims According to the FIDIC Red Book and the Turkish General Spesifications for the Construction Affairs

Abstract

The concept of contract states an agreement, a convenience. In general a contract of work is a contract governed by private law, with the exception of being contrary to public order. In Turkish implementation of construction contract has a sub-regulation which used in public procurements. In generally, claim is an interest or remedy recognized by law; the means by which a person or organization can obtain a privilege, possession, or enjoyment of a right or thing. According to The FIDIC Red Book the contractor can claim extention of time, payment and resource however, according to the Turkish General Specifications for the Construction Affairs the contractor can only claim extention of time. In The FIDIC Red Book the engineer is an independent being but in the Turkish General Specifications for the Construction Affairs the engineer is an employee of the government and for this reason the engineer is not as independent as the engineer in the FIDIC Red Book. Detailed comparison of the contractors' claim in the each text is given in the article.