"Defective Workmanship and Contractor's Liability"

TO THE DUTY PRIMARY COMMERCIAL COURT
OF IZMIR

PLAINTIFF:
Delta Construction and Contracting Inc. – Address

ATTORNEY:
Attorney's Name and Surname – Address

DEFENDANT:
Eksen Çelik Konstrüksiyon Ltd. Şti. – Address

SUBJECT:
Our request for compensation for repair costs incurred due to defects in the steel ceiling system of the indoor parking garage project constructed by the Karşıyaka Municipality of İzmir.

VALUE OF THE CLAIM:
… TL

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EXPLANATIONS

1. Tender Process and Subcontractor Agreement:
   The Karşıyaka Municipality the Karşıyaka Indoor Parking and Shopping Area Construction project, and the tender was awarded to our client company. Our client undertook the project as the main contractor in accordance with the construction contract signed with the municipality. (Appendix-1: Construction Contract).

The manufacturing and installation of the steel ceiling section of the project was undertaken with the defendant company, which we believe to be specialized in this field, a subcontracting agreement dated …/…/… (Appendix-2: Subcontracting Agreement).

2. Problems Encountered and Technical Review
   Following the installation by the defendant company, bending, bolt breakage, and excessive deflection problems were observed at the steel connection points in the parking garage ceiling. Consequently, a technical report was requested from the Department of Civil Engineering, Faculty of Engineering, Izmir Katip Çelebi University. The report stated that the connection elements were installed incorrectly and that the thickness of the steel profile used did not comply with the technical specifications. (Appendix 3: Technical Report).

3. Defective Performance and Warranty Obligation:
   The defendant company, as the contractor, is obligated to comply with the technical specifications. However, the work performed has created serious structural risks and has resulted in the closure of a portion of the parking lot. A warning notice was sent to the defendant company (Appendix 4), but the company refused to acknowledge the fault and to resolve the problem. (Appendix 5: Defendant's response).

4. Repair Costs and Compensation Claim: The client company was forced to correct the faulty workmanship using its own resources in order to avoid delaying the project delivery deadline and to ensure public safety, incurring expenses of 278,400.00 TL (Appendix 6: Repair invoices). Due to the defendant's clear negligence, it has become necessary to file a lawsuit for compensation for these expenses.
   
   

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EVIDENCE

1. Construction Contract,

2. Subcontracting Agreement,

3. Izmir Katip Celebi University Technical Report,

4. Warning letters and reply correspondence,

5. Repair invoices and payment receipts,

6. Expert examination, witness statements, and other legal evidence.

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Supreme Court Decisions

Supreme Court 15th Civil Chamber, Case No. 2018/1191, Decision No. 2019/2133, May 16, 2019.

Summary:
“The contractor is responsible for delivering the work free from defects. Expenses incurred to remedy damages resulting from the contractor's defective workmanship may be claimed from the contractor in accordance with Articles 474 and subsequent articles of the Turkish Code of Obligations. The contractor is obligated to perform manufacturing and assembly work in accordance with the technical specifications. Even if the defect appears after delivery, the contractor's liability continues if the defect stems from the contractor's faulty workmanship or the materials used.”

From the Decision Text:
“…The contractor cannot deny that the damage occurring after the delivery of the work resulted from his own faulty and defective workmanship or from manufacturing contrary to the project. Since the repair costs and damage items incurred by the plaintiff have been confirmed by the technical expert report, these expenses should be collected from the defendant contractor…”

LEGAL GROUNDS

Turkish Code of Obligations No. 6098, Turkish Commercial Code No. 6102, relevant regulations, and contractual provisions.

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CONCLUSION AND REQUEST

For the reasons stated above;

• With the acceptance of our case,

• The plaintiff requests that the defendant reimburse the client for the 278,400.00 TL repair costs incurred due to the defendant's faulty workmanship, along with commercial interest accruing from the date of the lawsuit

• We respectfully request and demand that the court order the defendant to pay the court costs and attorney's fees
  

… / … / …
Plaintiff's Attorney
Name and Surname
Signature

                                                                                           YAĞMUR YORULMAZ, LAW FACULTY STUDENT