Categories: General

Liability Arising From Poor Performance Of The Work In The Contracts Of The Work

Article 474-after the delivery of the work, the owner must review the work as soon as possible in accordance with the usual flow of work and notify the contractor within an appropriate period of time if he has any shame.

Each party may, at its expense, request that the work be reviewed by an expert and that the result be determined by a report.

Article 475-in cases where the contractor is responsible for the shame in the work, the employer may exercise one of the following electoral rights:

1. Return from the contract if the work is defective or contrary to the provisions of the contract to the same extent that the work owner cannot use or be forced to accept due to fairness.

2. Don’t keep the work and ask for a discount on the price at the rate of shame.

3. If it does not require excessive costs, ask for free repair of the work, all costs of which belong to the contractor.

The employer reserves the right to claim compensation in accordance with the general provisions.

If the work is made on the owner’s real estate and the disassembly and removal will cause excessive damage, the owner cannot exercise his right to return from the contract.

Article 476-if the work is defective, despite the explicit warning of the contractor, is born out of the instructions given by the employer, or can be uploaded to the work owner for any reason, the work owner cannot exercise his rights arising from the work being defective.

Article 477-after the explicit or implicit acceptance of the work, the contractor shall be relieved of any liability; however, his responsibility shall remain for any shame that is deliberately hidden by him and cannot be noticed during the proper review.

If the owner neglects to review and notify, he shall be deemed to have accepted the work.

If the shame in the work occurs later, the owner must inform the contractor of the situation without delay; if he does not report it, he is considered to have accepted the work.

Aşıkoğlu Law Office

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