Decision That He Will Receive a Smaller Amount Of Rights by Deducting The Cash Collateral, Since He Will Receive an Unpaid Work Fee

30 May Decision That He Will Receive a Smaller Amount Of Rights by Deducting The Cash Collateral, Since He Will Receive an Unpaid Work Fee

Supreme Court of the Republic of Turkey 15.Legal Department Basis: 2019 / 1938 Decision: 2020 / 675 Decision Date: 19.02.2020

Abstract: the court, in addition to the acceptance of other claims, calculated by experts … TL and without the deduction of cash collateral should be decided to partially accept, as a result of the incorrect assessment, it was not correct to rule that he would receive a smaller amount of compensation by deducting cash collateral, since he would receive a work fee that was not paid, the decision was found appropriate.

(492 P. K. m. 42)

The above date and number of the written provision of the appeal examination was requested by the representatives of the parties and it was understood that the appeal petitions were issued within the period of time, but the papers in the file were read and considered the need to speak and think:

DECISION

Sue, work

it relates to the collection of unpaid work costs and cash collateral deductions arising from the contract and the request for the return of final collateral letters. The decision of the court on the partial acceptance of the case was appealed by the deputies of the parties.

1-related to the articles in the file, the evidence on which the decision is based, the necessary reasons in accordance with the law, and in particular the return of final guarantees

10 of the convention. 4. 1. 45 of the general construction works specification, which must be applied in accordance with article. in the article, it is stated that half of the final guarantee will be returned after it is determined that the contractor does not owe the administration and that half will be returned after the approval of the temporary admission protocol, and the rest will be returned if the contractor brings a certificate of non-affiliation from the SGK after the approval of the final acceptance protocol, and the return of the cash guarantee deduction

30/2 of the convention. in the article, the final heseps are subject to the condition of approval by the administration, the final account of liquidation was removed by the court due to the fact that the defendant avoids the final acceptance of the business owner, according to the final account of liquidation issued, the contractor does not owe the business owner and is not sued from the article of the Provincial Directorate of SSI … dated 31.01.2019

according to the understanding that the plaintiff related to the work subject to the contract does not owe the SGK, since there is no hit in the restitution and return of cash collateral deductions and final letters of guarantee, all appeals of the defendant’s attorney have not been seen in place, they have to be rejected.

2-as for the plaintiff’s Appeals; signed between the parties dated May 10, 2012

30/2 of the convention. after it was stated in the article that 5% of the completed but final account was not given to the administration, this guarantee letter will not be returned unless the final accounts are approved by the administration, it was decided that 5% of the amounts belonging to the production whose final account was not given to the administration will be kept and these amounts will not be paid unless the final accounts are approved by the administration. As in the acceptance of the court,it is understood that the liquidation final account was issued with the expert report obtained and that the plaintiff contractor will receive a work fee of TL 220.312, 19, which is not paid according to the final liquidation account, and the court will receive a claim calculated and not paid, since this transaction is the nature of confirming the final account.

30 of the convention. 2. according to the article, it is not possible to deduct cash collateral. In this case, the court should decide that,in addition to accepting other claims, the unpaid claim will be partially accepted by experts over us $ 220.312, 19 and without deducting the cash guarantee, while it was not correct to rule that the unpaid work will receive a work fee as a result of the incorrect assessment, it will receive a smaller amount of claim by deducting the cash guarantee, and the decision was found appropriate.

Result: 1 above. rejection of all appeals of the defendant for the reasons described in Paragraph 2. 11 of Act 5766, from the payment of the provision to the benefit of the plaintiff by the acceptance of the plaintiff’s Appeals in accordance with bent. in accordance with the amendment to Article 42/2-d of the fees law, it was unanimously decided on 19.02.2020 that the appeal fee received in accordance with article 218.50 should be deducted, if any, to return the appeal fee received in excess to the appellant, the balance written below will be received from the appellant, the decision can be requested for correction within 15 days from the date of notification against the decision. (¤¤) < / b