Construction Inspection Contract

CONSTRUCTION INSPECTION AGREEMENT

Parties

Article 1 - This agreement is drawn up between the building owner ………………………………………. (Turkish Identity Number: ………….., Address: …………………………………….) or the building owner's representative ……………………………………., and the Building Inspection Organization ………………………………………., authorized in accordance with the provisions of Law No. 4708 on Building Inspection, under the following terms and conditions. The parties will be referred to as "Building Owner" and "Building Inspection Organization" in this agreement .

Subject of the Contract

Article 2 - This contract covers the provision of services related to the inspection of a …….. building with a total construction area of …….. m² and 6 floors, to be constructed on the immovable property registered in the land registry under plot number …., block number …., parcel number …. in the district of ……………………….. province, in accordance with the project and permit annexes.

As stated in the decision of the 15th Civil Chamber of the Supreme Court of Appeals, numbered 2014/3625 E., 2015/1123 K., the contract between the building inspection organization and the building owner a "contract for work," and it is mandatory that the inspection services be performed completely and diligently.

Duration of Service

Article 3 - The service period extends from the date of signing the contract, ../../…., until the building occupancy permit is obtained . If construction is not started within two years from the date of obtaining the building permit , or if it has started but is not completed within the time frame specified in the building permit, the contract shall automatically terminate without further notice.

The 6th Chamber of the Council of State, in its decision numbered 2012/4563 E., 2014/2317 K., emphasized the responsibility of the building inspection organization in buildings not constructed in accordance with the building permit, and stated that the inspection period continues until the building is completed.

Service Fee and Payment

Article 4-

Total construction area: ………. m²
Construction unit cost for the contract year: …….. TL/m²
Estimated cost: Area x Unit Cost = …….. TL
Service fee: Estimated Cost x Service Fee Ratio = …….. TL

The service fee, including Value Added Tax (VAT), is paid by the building owner to a special account opened in the name of the Building Inspection Organization.
According to Article 12 of the Building Inspection Law, if the service fee is not paid, the relevant authority will not permit the continuation of construction.

Article 5 - Payments are made in the following stages:

For works completed up to the basement level, the price is %…
the load-bearing system is completed , % of the cost will be ….
the rough construction ready for plastering, the price is %….
The remaining works and the building permit stage will cost %… of the fee.

(Supreme Court 15th Civil Chamber, Case No. 2016/532 E., Decision No. 2017/2134 K.: It has been ruled that the building inspection service fee must be paid according to the progress payment method; otherwise, the building owner will be in default.)

Duties and Responsibilities of the Building Inspection Organization

Article 6 - The Building Inspection Organization shall operate in accordance with Law No. 4708, the Zoning Law, and related regulations;

During the project phase:
- Ensuring that the implementation projects comply with the zoning plan, relevant standards and regulations,
- The suitability of the soil and foundation survey report,
- It inspects whether the load-bearing system has been designed in accordance with the Earthquake Regulations and TS 500.
Under construction:
- The conformity of the concrete, steel, and building materials used to standards must be tested in laboratories authorized by the Ministry
- To document the reinforcement and formwork checks before concrete pouring and to provide approval for compliance
- The company undertakes to carry out all necessary inspections to ensure that the construction does not deviate from the permit and project plans.

(Supreme Court 15th Civil Chamber, Case No. 2019/1056, Decision No. 2020/2143: The failure of a building inspection organization to fulfill its "continuous and effective inspection obligation" renders it liable for the resulting damages.)

Property Owner's Responsibilities

Article 7 - The building owner;

Paying the audit fee on time,
Not allowing construction that deviates from the building's permits and projects
When selecting contractors and subcontractors,
they are obligated to take into account any warnings deemed necessary by the building inspection organization.

Dispute Resolution

Article 8 - The Istanbul Courts and Enforcement Offices shall have jurisdiction over disputes arising from this contract.
(Supreme Court of Appeals, 15th Civil Chamber, Case No. 2013/4561, Decision No. 2014/1250: The court jurisdiction agreed upon by the parties in the construction supervision contract is deemed valid.)