Problems Caused by Contract Documents in Public Construction Procurements


Irlayici Cakmak P. , Tas E. F.

MEGARON, cilt.12, ss.316-328, 2017 (ESCI İndekslerine Giren Dergi) identifier

  • Cilt numarası: 12 Konu: 2
  • Basım Tarihi: 2017
  • Doi Numarası: 10.5505/megaron.2017.26214
  • Dergi Adı: MEGARON
  • Sayfa Sayıları: ss.316-328

Özet

In construction projects, documents that clearly define the rights and responsibilities of all project participants, properly identify the relationships among the project participants, and provide advance solutions to the encountered problems are defined as contract documents. The standard contract documents, developed to be used in the Turkish public construction projects, are ones published by the Public Procurement Authority (KIK). Although these contract documents are valid for all public construction projects and used in all public construction procurements, they are sufficient in neither scope nor content. Due to the KIK documents being deficient and insufficient, several problems occur in completing construction projects within the desired time, cost, and quality; moreover, many disputes arise between different project participants. This study aims to identify the deficient and insufficient components of owner-contractor agreements and the general conditions under which documents and clauses caused disputes between the parties; and to determine the problems caused by these deficiencies and insufficiencies. To this end, the comparative analysis and field research methods have been used. KIK documents have been compared with standard contract documents commonly accepted and used in the construction industry in order to identify the deficiencies and insufficiencies of KIK documents. Next, through field research, identified deficiencies and insufficiencies of KIK documents have been examined to understand whether they caused problems while executing the construction. Then, KIK documents' problematic issues and provisions that caused disputes are determined and specific issues are identified. These issues include the discrepancies in the principle of equality between the parties, provisions of the documents, problems arising from the contracting entity, changes, determination of the price for the uncommitted works, extension of time, termination of the contract, and dispute resolution.