Akademik Veri Yönetim Sistemi
Revista de la Construccion, cilt.20, sa.2, ss.259-276, 2021 (SCI-Expanded, Scopus)
Construction
sector, which is associated with approximately two hundred sub-sectors in terms
of employment area, plays the role of locomotive sector in economic development
of countries. This feature of the sector affects economy directly and
indirectly. Despite this positive contribution of the sector, disputes are
inevitable between parties –administration and contractor– in a bid, contract
and implementation processes, which are parameters of the construction process.
Formal judicial process applied for the purpose of resolving disputes
encountered in construction projects that the public assumes the role of
employer, takes a long time. Therefore, while contractor is exposed to
financial losses, administration cannot conclude public investment. In the study;
disputes in public construction projects are classified, and proposals
preventing disputes are presented. In this scope, firstly, 174 of 10591
disputes submitted to Court of Cassation, and 84 of 102 disputes submitted to
Directorate of High Technics Board are selected regarding public construction
projects. In the second stage, parameters causing disputes are classified under
six main items. Thirdly, reasons of the disputes for each classification are
detailed, and then proposals are presented for prevention of the disputes based
on FIDIC (International Federation of Consulting Engineers) contract forms.
Finally, a resolution procedure is developed for the processes including bid,
contract and implementation phases based on FIDIC. By the presented proposals
for GCCW (General conditions of construction works) official resolution paths
can be reduced to a minimum, and the processes result positively for
administration and contractors. It is concluded that the developed procedure is
suitable as a practical tool for resolution process of the disputes in the
public construction projects.