Petition for Compensation for Material Damages Arising from a Tortious Act

TO THE DUTY PRIMARY CIVIL COURT

Plaintiff:
[Name and Surname, Turkish Republic Identity Number, Address]

Representative:
Attorney [Name and Surname, Address]

Defendant:
[Name and Surname, Address]

Subject:
Claim for compensation for material damages resulting from construction activities carried out on a neighboring property.

EXPLANATIONS:

1. Construction work was initiated on the property owned by the defendant with the aim of increasing the number of floors in the building. However, necessary safety precautions were not taken during construction, and damage occurred to the adjacent building belonging to my client due to improper interventions on the load-bearing columns.
2. The damages incurred include cracks in the ground floor of the building, shifting of the stairs, and structural deformations in the walls of some independent sections. These damages have been documented by our expert reports and damage assessment studies.
3. Despite necessary warnings and written requests, the defendant has taken no steps to remedy the damage and has avoided compensating my client for the losses. The repairs, which my client had to carry out at his own expense, amounted to a total cost of ... TL, and my client was forced to bear this cost alone.
4. The failure to exercise due diligence during construction activities and the violation of neighborhood law necessitate holding the defendant liable for this damage. According to Article 49 of the Turkish Code of Obligations and Supreme Court precedents, liability for damages arises for the party causing the damage in neighborhood relations, regardless of fault.
5. Since my client's losses are supported by documents and expert reports, the defendant is obligated to compensate for the financial damages incurred.

EVIDENCE:

• Damage assessment reports,
• Expert reports,
• Invoices and payment documents for repairs carried out by the client,
• The notice sent to the defendant,
• Witness statements.

CONCLUSION AND REQUEST:

For the reasons explained above;

1. In order to compensate for the damages incurred to the property belonging to my client, the defendant is ordered to pay a total of … TL in material damages, together with legal interest accruing from the date of the lawsuit
2. The court costs and attorney's fees shall be borne by the defendant

We respectfully request and demand that a decision be made.

Date: …
Plaintiff's Attorney,
Attorney [Name and Surname]
Signature