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)
Corequisite(s)
Special Requisite(s)
Instructor(s)
Professor Zeynep SÖZEN
Course Assistant(s)
Schedule
Office Hour(s)
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 the current and advanced knowledge in the field with original thought and/or research and come up with innovative definitions based on Master's degree qualifications.
PO-2
Conceive the interdisciplinary interaction which the field is related with ; come up with original solutions by using knowledge requiring proficiency on analysis, synthesis and assessment of new and complex ideas.
PO-3
Evaluate and use new information within the field in a systematic approach.
PO-4
Develop an innovative knowledge, method, design and/or practice or adapt an already known knowledge, method, design and/or practice to another field; research, conceive, design, adapt and implement an original subject.
PO-5
Critical analysis, synthesis and evaluation of new and complex ideas.
PO-6
Gain advanced level skills in the use of research methods in the field of study.
PO-7
Contribute the progression in the field by producing an innovative idea, skill, design and/or practice or by adapting an already known idea, skill, design, and/or practice to a different field independently.
PO-8
Broaden the borders of the knowledge in the field by producing or interpreting an original work or publishing at least one scientific paper in the field in national and/or international refereed journals.
PO-9
Demonstrate leadership in contexts requiring innovative and interdisciplinary problem solving.
PO-10
Develop new ideas and methods in the field by using high level mental processes such as creative and critical thinking, problem solving and decision making.
PO-11
Investigate and improve social connections and their conducting norms and manage the actions to change them when necessary.
PO-12
Defend original views when exchanging ideas in the field with professionals and communicate effectively by showing competence in the field.
PO-13
Ability to communicate and discuss orally, in written and visually with peers by using a foreign language at least at a level of European Language Portfolio C1 General Level.
PO-14
Contribute to the transition of the community to an information society and its sustainability process by introducing scientific, technological, social or cultural improvements.
PO-15
Demonstrate functional interaction by using strategic decision making processes in solving problems encountered in the field.
PO-16
Contribute to the solution finding process regarding social, scientific, cultural and ethical problems in the field and support the development of these values.
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.
