In real estate purchases in line with a project, the construction company is the debtor for the delivery of the real estate and the purchaser is the creditor of the contract. In such construction contracts, the debtor party is obliged to deliver the immovable on time and as promised. In construction contracts, situations such as late delivery, non-delivery or defective delivery are subject to certain legal consequences. In order to better understand these consequences, it is necessary to work with a lawyer specialized in construction law. The support of an expert lawyer specialized in Construction Law will protect you against contractors and other parties to the contract by preventing possible victimization. In this way, your rights will be secured in the contract and a legal problem can be prevented.
Accordingly, you can take a look at our article prepared by our expert lawyers for comprehensive information on the legal consequences of late delivery, non-delivery or defective delivery of the immovable in a construction contract, and you can find answers to questions such as “The contractor did not deliver my apartment on time, what can I do?”, “We made a contract but my apartment was not delivered to me as in the contract”, “We agreed with the contractor but he does not deliver my house”, “Construction is not continuing, what can I do?”, “Construction does not continue in accordance with the contract, what can I do?” in this article.
What should be done if the immovable is not delivered or delivered late in construction contracts?
Even if the real estate to be delivered according to the construction contract made in Turkish law is delivered late, the contract creditor must take some legal actions in order for this to have legal consequences. For this reason, as we will mention at the end of our article, it is important to work with a lawyer specialized in construction law.
The contract creditor must make a notice for the late delivery of the real estate. Accordingly, the contract creditor must call the debtor to fulfill its debt through a notary public. This is a condition for the non-fulfillment of the obligation to have legal consequences.
In some cases, late delivery or non-delivery may result in legal consequences without the requirement of notice. We can count these situations as follows:
- If the contract states that there will be no notice requirement
- If a definite maturity has been agreed in the contract
- If it is obvious that the debtor will not fulfill its obligation
If all these conditions are met, the creditor whose real estate is delivered late or not delivered is entitled to compensation.
What should be done in case of incorrect/defective delivery of the immovable in construction contracts?
Delivery that is different from that specified in the contract is regulated as defective performance under Turkish Law. In the event of defective performance, the debtor has not complied with the obligation to deliver the building in perfect condition. For this reason, the legal rights of the creditor will come to the agenda.
In case of defective delivery, the following conditions must be met in order for the construction owner to be held responsible for this:
- The immovable property must have been delivered to the creditor in a defective condition
- The defect in question must have been caused by the debtor party to the contract
- The creditor party to the contract must not have accepted the immovable property in this way.
We would like to remind you that acceptance may also occur implicitly, although it is not directly stated here.
The creditor party of the contract is granted certain rights in case of faulty delivery. According to this
- Real estate purchasers can withdraw from the contract and get their money back
- The purchaser of the real estate may ask for a discount due to a construction defect
- The person who purchased the immovable property may request the elimination of the error
On the other hand, in addition to exercising one of these rights, the right to claim compensation arises according to the circumstances of the situation.
1- Right of the Real Estate Owner to Return from the Contract (Refund)
In the event that the delivered real estate is unusable or faulty to the extent that it cannot be forced to accept it, the owner of the real estate is given the right to withdraw from the contract by getting his money back
2- The Right of the Real Estate Owner to Discount the Price Paid
The owner of the delivered real estate may accept the real estate. For this, he/she also has the right to request a discount from the price he/she has paid legally.
3- The Right of the Immovable Owner to Request Repair of the Defective Structure
The owner to whom the defective immovable property is delivered may request the removal of this defect from the debtor. This repair must be carried out free of charge unless it requires an excessive expense.
Incomplete Delivery of Real Estate in a Construction Contract
In the event that the building agreed upon in the construction contract is delivered incompletely or part of the building is not built at all, the provisions of the law on incomplete performance shall apply. Accordingly, creditors will have legal rights due to incomplete performance.
In case of incomplete delivery, the provisions of liability in case of defective delivery mentioned above will not come to the agenda. In this case, a delivery is technically deemed not to have taken place.
In this case, the contract creditor may demand compensation for the damage suffered by the contract debtor, i.e. the construction company or the contractor, and the completion of the missing part.
Am I entitled to compensation for delay in construction contracts?
The late delivery of the immovable property, which is the subject of the construction contract, gives rise to certain compensation rights to the contract creditor. Accordingly, the contract creditor may demand from the construction company/contractor to compensate for the general damages, as well as the rental income that it has been deprived of.
– In the event that the construction company delivers the immovable property late, the contract creditor may claim compensation from the construction company for the damage suffered or the rental income deprived by the construction company.
At this point, the deprived rental income can be compensated by expert witnesses by calculating the imputed rental value.
Can a person who continues to live in rented accommodation as a result of late delivery of a construction contract claim compensation for the rent paid?
In the event of late or defective delivery of the real estate subject to a construction contract, the contract creditors may demand compensation for all damages incurred by the other party to the contract.
What Should Be Done If Construction Contracts Do Not Provide for Delay?
In the event of late delivery of the property as a result of a construction contract, delay compensation must be paid to the contract creditor. Even if this situation is not agreed in the contract, the creditor may request this.
What Will We Do For You?
Cases arising from construction contracts are complex cases that should be handled by a specialized lawyer, considering many factors such as the criteria set by the Supreme Court of Appeals. Therefore, working with a lawyer who is experienced in construction law and specialized in the field is of great importance in order to prevent possible victimization. Lawyers who handle construction contracts should know the legal regulations well, examine the issue in detail and carry out the litigation process meticulously in this direction.
As Güneş & Güneş Law Office, with our 25 years of experience and our team of lawyers who are experts in the field of construction law serving in 4 languages (Turkish, Russian, English and German), we provide legal support to your victimization arising from the construction contract you have experienced all over Turkey.
For you:
- Compensation for damages incurred due to late delivery of the immovable property
- Compensation for damages incurred due to defective delivery of the immovable property
- Rescission and refund of the contract due to late delivery of the immovable subject to the construction contract
We provide legal support in such matters. You can contact us to get legal support for your grievances arising from construction contracts.
As Güneş & Güneş Law Office, we would like to emphasize the legal aspects of late, non-delivery or defective delivery of immovable property in construction contracts. In construction projects, delivery on time and in accordance with the specified standards is of critical importance in terms of fulfilling the obligations of the parties. Late or defective delivery may cause financial losses, additional costs and legal disputes in construction projects. Our lawyers, specialized in Construction Law, provide comprehensive legal support to clients facing such situations, including analysis of contract provisions, compensation claims and management of litigation processes. You can benefit from our expertise for the healthy execution of construction contracts, protection of the rights of the parties and resolution of potential problems. In addition, getting the opinion of a lawyer specialized in construction law before legal disputes arise will minimize the problems that may arise. You can contact us for detailed information and support.
