Distinction Between Incomplete Work - Defective Work In The Context Of Performance Of Construction For Allotment Agreements

I. INTRODUCTION TO CONSTRUCTION FOR ALLOTMENT AGREEMENTS

A. Definition and Elements

In practice, especially in Turkey, there are numerous types of construction agreements relying on various terms and principles by virtue of the "freedom of contract" principle governing law of obligations. Construction for allotment agreement is the most common one among agreements that diverges from traditional construction agreements.¹ On that note, a traditional construction agreement can be specified as an agreement, pursuant to which the contractor undertakes to construct a specific structure whereas the client undertakes to pay a certain amount in consideration thereto.

In the light of the foregoing definition by which parties' duties in a traditional construction agreement are elaborated, two basic elements are revealed, construction of a specific structure and making a payment for it. When the parties mutually agree on those basic elements, which constitutes the