Contract for Work and Responsibilities

What is a Contract for Work?

A contract for work is an agreement in which one party undertakes to create a work, and the other party undertakes to pay compensation for it.

In the law,

The contractor is the one who creates the work

The person who undertakes to pay for the creation of a work is called the client.

 

What is a work of art?

The concept of a work encompasses a wide range of things, from the construction of a building to the sewing of a garment or the writing of a program. It's even said that modifications made to a work are considered a contract for the work. For example, modifications to a vehicle, repairs to a computer, or the construction of kitchen cabinets.

In contracts for a work, the debate revolves around which type of contract a work should be considered if it is tangible or intangible.

 

Shape

No formal requirements are stipulated within the scope of a contract for work. Therefore, it can be said that, as a rule, there are no formal requirements for the contract concluded by the parties to be legally binding and effective.

However, while this is the general rule, legal provisions such as Article 200 of the Code of Civil Procedure are reserved.

It is essential for the parties to consider such matters in the contract they intend to enter into for work, in order to avoid encountering unforeseen circumstances in the future.

 

Contractor and Employer's Obligations Under the Construction Contract

 

What are the contractor's responsibilities?

-General and material debts

The contractor is expected to act like a businessman operating in a similar field and to fulfill their obligation by protecting the employer's interests; in other words, to perform the work.

By "acting like a businessman operating in a similar field," we don't mean just any businessman; we mean a prudent businessman who adheres to professional and technical standards.

The rule is that the contractor must provide the tools and materials to be used in the creation of the work. In this case, the contractor is responsible to the client for the provided items, just like a seller.

However, while this is the general rule, it is also possible for the employer to provide the materials.

In this case, the contractor is expected to use the materials provided by the employer carefully and return any leftovers to the employer. 

Furthermore, if the contractor's work is deemed to be defective due to faulty materials or location, potentially preventing its proper or timely completion, the contractor is obligated to immediately notify the client. Failure to do so, and the resulting danger, makes the contractor liable for any consequences.

- Debts related to starting and carrying out the job

Of course, when a contract is made, the contractor is expected to start the work on time, finish it on time, and produce the work in accordance with the terms of the contract.

In other words, the contractor must start the work on time and continue fulfilling these obligations until the work is completed.

Conversely, if any action to the contrary clearly jeopardizes the creation of the work, the employer may withdraw from the contract without waiting for the delivery date stipulated in the contract.

 

What are the Employer's Responsibilities?

It is a client's responsibility to review the work as soon as it is received.

If any defects are found during the review of the work, the contractor must be notified within a reasonable time.

The obligation to pay the delivery price becomes due on the date of delivery of the work.

Note: If it is accepted—and the law does—that payment becomes due upon delivery of the work, this is only accepted under the following condition: If the work is destroyed before delivery due to a reason not attributable to the client, the client cannot claim payment for the work. However, if the client defaults on taking delivery of the work, the client may claim payment for the work and expenses.

However, if the destruction of the work resulted from acting in accordance with the employer's instructions, and the contractor made the necessary notifications to the employer regarding the existence of risks, the contractor may request payment for the value of the work and expenses not included in that value. If the employer is at fault, they may also request compensation for damages.

 

Employer's Rights in Case of Defect

It is stated that the employer has optional rights in the event of a defect.

These

-If the defect is such that the employer can no longer accept the work and it is contrary to the terms of the contract, it is accepted that the employer may withdraw from the contract. However, if the work has been done on the employer's immovable property and its removal would cause significant damage, the right to withdraw from the contract can no longer be exercised. However, this will not prevent the exercise of other rights.

-A price reduction proportional to the defect in the work is applied, and the work is left to the client

-If the repair isn't excessively costly, you can request that the artwork be repaired free of charge. However, in this case, the costs will be borne by the contractor.

However, if the defect in the work is due to a reason attributable to the client for any reason, the client can no longer exercise their rights arising from the defect.

 

Statute of limitations

If there are defects and the employer is going to be sued because of this,

For works other than immovable property, the client has 2 years from the delivery date,

In the case of immovable properties, the owner can file a lawsuit within 5 years from the date of delivery.

If the contractor is found to be grossly negligent in the defective work, the statute of limitations for the lawsuit is said to be 20 years, regardless of these previous periods.

 

Supreme Court Decision Regarding Contracts for Work

In its ruling on a case alleging that a rhinoplasty performed for cosmetic purposes did not achieve the desired results and even caused further problems in the nose, the Supreme Court addressed the dispute within the scope of a contract for work, offering a clue regarding the scope of such a contract

 

3. Legal Department, Case No. 2013/14704 E., Decision No. 2013/17733 K.

"...The contract for work is defined in Article 355 of the Turkish Code of Obligations (Article 470 of the Turkish Code of Obligations) as follows: 'A contract for work is a contract by which the contractor undertakes to produce a work in return for the fee undertaken by the owner of the work.' Contracts for work are contracts for services that impose mutual rights and obligations on the parties. The contractor's obligation is to produce the work in accordance with artistic principles and purpose and deliver it to the owner, and the owner's obligation is to pay the price of the delivered work.
In the concrete case, the material fact is that the nose is given a beautiful appearance in accordance with the desired and agreed form through cosmetic surgery. When the legal characterization of the desired result and the facts based on it is made, it is clearly evident that there is a contract for work relationship between the parties as regulated in Articles 355 and subsequent articles of the Turkish Code of Obligations."

 

Furthermore, the 20th Civil Chamber of the Supreme Court of Appeals, in its decision numbered 2007/138 E., 2007/1491 K., clearly clarified the difference between a service contract and a contract for work, thus enlightening us.

" Having examined all the documents in the file sent for the determination of the competent court due to the separate decisions of lack of jurisdiction given by the Istanbul 6th Consumer Court and the Büyükçekmece 3rd Civil Court of First Instance in the case concerning the annulment of the contract between the parties by inheritance law, it was considered as follows:"

The lawsuit concerns the cancellation of promissory notes issued under a contract for the manufacture of kitchen cabinets and a claim for compensation.

Article 3/d of Law No. 4077 on Consumer Protection defines "service" as any activity other than the provision of goods performed for a fee or benefit, and Article 3/e defines "consumer" as a natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes.

Article 355 of the Law of Obligations regulates the contract for work (contract for services), defining it as a contract where one party is the employer and the other is the contractor, and the contract involves the manufacture of something in exchange for payment.

Service contracts and contracts for work are very closely related concepts; services involve remuneration, dependence, and continuity, while works involve the creation of something in exchange for payment.

In this specific case, it is understood that there is a contract for work rather than a contract for services, and that contracts for work are regulated in Article 355 of the General Provisions and Obligations Law. Since the dispute cannot be considered as a service within the scope of Article 3/d of Law No. 4077, the competent court is the general court, not the consumer court

Intern Student

Bedirhan TAŞÇI