International Construction Contracts: An Analysis Of Their Nature, Content And Disputes With Resolution Mechanisms, Particularly From Swiss And Turkish Legal Perspective

International Construction Contracts:An Analysis Of Their Nature, Content And Disputes With ResolutionMechanisms, Particularly From Swiss And Turkish Legal Perspective

International construction contracts are a multidisciplinary type of contract, they are often seen as contracts where technical disciplines are prioritized and technical details are addressed. However, exceptional events such as today’s pandemic, inflation, war and the existence of a wide variety of interfaces show us that the legal dimension of these contracts must be addressed as well as the technical ones. Therefore, International construction contracts were discussed with a holistic approach, including the spirit of the contracts, possible disputes and resolution methods. While doing that, I aimed to present an up-to-date study by frequently referring to the 2017 version of FIDIC, which could be called the lex mercatoria of construction contracts.

In addition to that, while dealing with Construction Contracts from a legal perspective, I preferred to focus on the content and spirit of these contracts instead of focusing on the dispute, as would expected from a lawyer. As a matter of fact, most of the time, disputes arise from a deficiency in the preparation phase of the contract and the failure to grasp the essence of the contract. The purpose of trying to draw the legal picture of construction contracts throughout the study is to underline that the preventive legal approach and reconciliation culture are indispensable for these contracts.

As the last word, even the possibility of contributing to this field, where Turkish Legal Literature is relatively untouched, makes me feel honored.