An Investigation of Litigation Process in Construction Industry in Turkey

Projects are laden with variety of uncertainties depending on their unique characteristics. Construction projects have their own distinctive qualifications and technology. Thereby, unspecialized legal professionals on the subjects of construction related cases would lead the judicial process to settle on unhealthy basis. In this study, it is aimed to classify disputes related to construction sector to distinguish the most frequent dispute sources and to identify the competency level and qualification of concerned judicial actors. Correspondingly, 282 cases between 2007 and 2017 in Turkey have been classified to relevant contents and analysed. In conclusion, contract contents, civil projects, contracts between employers and contractors, debits and credits related disputes have been detected as the most frequent dispute sources under the main contents. Secondly, in majority of the cases, reassessment has been given by Court of Cassation due to inadequate competency level of Courts of First Instance and expert witnesses