The course aims to provide the students with the basic knowledge, skills and techniques for the successful administration of construction contracts, with basic information about the structure/elements of construction contracts and red flag clauses that are the sources of disputes. The course also aims to provide the student with the basic knowledge and skills for the analysis of disputes, the analysis of the basic elements and procedures of contract formation, and to develop a competence for resolving claims .
Prerequisite(s)
None
Corequisite(s)
None
Special Requisite(s)
Advanced English would be useful.
Instructor(s)
Dr. Şenol DÜNDAR
Course Assistant(s)
None
Schedule
Will be announced via CATs at the beginning of the semester.
Office Hour(s)
Will be announced via CATs at the beginning of the semester.
Teaching Methods and Techniques
-Lectures, project, case studies
Principle Sources
-
Sözen, Zeynep, Sözleşme Yönetimi , lecture notes, ppt. 2011
Sözen, Zeynep, FIDIC, lecture notes,ppt.,2011
Uğur, Latif Onur, İnşaat Sözlesmelerinin Yönetiminde Modern Yaklasşmlar , Teknik yayınevi, Ankara, 2000.
Uyanık, Nedim,İnşaat İşlerinde Sözleşme Yönetimi, Beta, İstanbul, 2004
Uğur, Latif Onur, FIDIC Tasarım-Yapım ve Anahtar Teslimi Tip Sözleşmesi İdari Şartnamesinde Teminatlar, Yapı Dünyası, sayı 133, s. 50-53, 2007
Other Sources
-
Uff , J. Construction Law ( 10th edn ) Sweet & Maxwell ,London, 2009
Wilmot-Smith , R.)Construction Contracts: Law and Practice, Oxford University Press , Oxford, 2006.v
Course Schedules
Week
Contents
Learning Methods
1. Week
What is contract? The basic elements of a contract.
Lecture
2. Week
Various legal systems
Lecture
3. Week
The conctuction contract as a legal document: The contractt agreement, general, special conditions and annexures
Lecture
4. Week
The interpretation and priority of contract documents
Lecture
5. Week
Red flag clauses
Lecture
6. Week
Definitions, problems of interpretation
Lecture
7. Week
Changes
lecture, problem solving, case study
8. Week
Delays and delay analysis
lecture, problem solving, case study
9. Week
Midyear exam
lecture, problem solving, case study
10. Week
Adverse weather and force majeure
lecture, problem solving, case study
11. Week
Unforeseen site conditions
lecture, problem solving, case study
12. Week
Termination of the contract; termination rights of parties
lecture, problem solving, case study
13. Week
Types of damages; compensation procedures
lecture, problem solving, case study
14. Week
Dispute resolution methods: Litigation, arbitration and ADR
Develop and deepen knowledge in the field of Project Management.
PO-2
Conceive the interdisciplinary interaction which the field of Project Management is related with.
PO-3
Use of theoretical and practical knowledge within the field of Project Management at a proficiency level.
PO-4
Interpret the knowledge about the field of Project Management by integrating the information gathered from different disciplines and formulate new knowledge.
PO-5
Solve the problem faced related to the field of Project Management by using research methods.
PO-6
Independently conduct studies that require proficiency in the field of Project Management
PO-7
Take responsibility and develop new strategic solutions as a team member in order to solve unexpected complex problems faced within the applications in the field of Project Management.
PO-8
Demonstrate leadership in contexts that require solving problems related to the field of Project Management.
PO-9
Evaluate knowledge and skills acquired at proficiency level in the field of Project Management with a critical approach and direct the learning.
PO-10
Communicate current developments and studies within the field of Project Management to both professional and non-professional groups systematically using written, oral and visual techniques by supporting with quantitative and qualitative data.
PO-11
Investigate, improve social connections and their conducting norms with a critical view and act to change them when necessary.
PO-12
Communicate with peers by using a foreign language at least at a level of European Language Portfolio B2 General Level.
PO-13
Use advanced informatics and communication technology skills with software knowledge required by the field of Project Management.
PO-14
Audit the data gathering, interpretation, implementation and announcement stages by taking into consideration the cultural, scientific, and ethical values and teach these values.
PO-15
Develop strategy, policy and implementation plans on the issues related to the field and assess the findings within the frame of quality processes.
PO-16
Use the knowledge, problem solving and/or implementation skills in interdisciplinary studies.
Learning Outcomes
LO-1
Gain an awareness of construction contracts
LO-2
Develop a competence in understanding and interpreting contracts
LO-3
Gain an understanding of the rights and responsibilites of parties
LO-4
Develop skills in evaluating contractual risk
LO-5
Gain an understanding of standard forms of contract
LO-6
Gain contract administration skills
LO-7
Gain documentation and archival skills in contract administration
LO-8
Gain skills in writing a contract
LO-9
Gain skills of writing special conditions
LO-10
Gain the competence to detect dispute-prone clauses
LO-11
Gain dispute resolution skills and the competence to provide creative solutions when a dispute arises.
