Geleneksel inşaat organizasyonlarında birim fiyat usulü ile yapılan işlerde genel sözleşme yapısı
Başlık çevirisi mevcut değil.
- Tez No: 39404
- Danışmanlar: DOÇ.DR. MURAT ÇIRAÇI
- Tez Türü: Yüksek Lisans
- Konular: Mimarlık, Architecture
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 1993
- Dil: Türkçe
- Üniversite: İstanbul Teknik Üniversitesi
- Enstitü: Fen Bilimleri Enstitüsü
- Ana Bilim Dalı: Belirtilmemiş.
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: 149
Özet
ÖZET Bu çalışmanın amacı, inşaat işlerinde kullanılan sözleşmelerin genel yapısının; ülkemizdeki mevcut mevzuat ve yurtdışındaki. benzer örnekleri çerçevesinde karşılaştırılarak ortaya konması ve uygulamalarda karşılaşılan. problemlerin belirlenmesidir. Bu problemlerin önlenebilmesinde inşaat sözleşmelerinin etkin bir biçimde kullanımının sağlanması son derece önemlidir. Çalışmada en çok uygulanan geleneksel organizasyon yapısında birim fiyat usulüne dayalı sözleşmeler ele alınmaktadır. Öncelikle sözleşmeler biçim ve içerik yönünden incelenerek sözleşmelerin biçim ve içeriğini oluşturan temel faktörler araştırılmıştır. İnşaat sözleşmelerinde yer alan ana konular belirlenerek, Türkiye'deki Bayındırlık İşleri Genel Şartnamesi ve sözleşmesi, İngiltere'deki uygulamalarda kullanılan 3CT BO tip sözleşmesi ile karşılaştırılarak benzer ve farklı yönleri ortaya konmaya çalışılmıştır. Ayrıca belirlenen ana konularla ilgili içtihatlar incelenerek uygulamalarda anlaşmazlıklara yol açan konular tesbit edilmiştir. Son olarak ise, inşaat işleri sözleşmelerinde yer alması gereken ana konular belirlenerek oluşturulan sözleşme iskeletinin mevcut tip sözleşmelerle karşılaştırılması sonucu ortaya çıkan eksik ve/veya hatalı konuların giderilmesine yönelik öneriler geliştirilmiştir. -v-
Özet (Çeviri)
SUMMARY The Structure of The Unit Price Contracts In Conventional Contractual Arrangements The primary goal of this work thesis is to explain the nature of construction contracts by the comparison Df existing structures in Turkey and abroad, in the unit price contracts in the conventional contractual arrangements. In our country, the problems; which materialize as a consequence of the gaps or misunderstandings leads to the settlement of disputes and a great deal of the construction contracts go to arbitration. The business of contracting is of great importance in the construction industry for the success of the project. The complexity of modern construction works, the in creased sophisticated legal issues and the enviroment of the construction industry originate a more complicated basis for the construction contracts. Hawing drawn attention to this issue the nature of the building contracts have been examined, in the introduction chapter. In the second chapter, the general concept and definition of contract has been given and a brief explanation has been made about the structure of construction contracts. It is also focused on the parties to the contract and other professionals whose responsibilities and rights are expressed in the terms of contract. The parties to the contract are the owner and the contractor. The contract documents are the unique evidence of their rights and liabilities. Clearly defined and explained terms of contract may free the parties from disputes about what actually had been agreed. Though its allocation of responsibilities, it is the contractual arrangements which establishes the basis of the contract. -VI-The factors that effect the nature of the contracts are considered and grouped in three "titles. 1. Features of the project 2. Organization type of the project team, 3. Valuation method of the works. 1. Project Features. The features of the project have great influence. on the formation of the construction contracts. The size, complexity and extend of the project are the factors which cause differencies both in pricing and the organizational aspects of the contract. Also the financial sources and the organization type of the owner may effect both in formation of the terms and the valuation of the works. 2. Organization type of the project team. The organization type of the project team has a great importance of the construction contracts in establishing the relationships between the parties to the contract. The organization types can be considered in four categories namely; a. Traditional approach b. Design and build approach c. Management contracting approach d. Construction management approach a. Traditionnal Approach: The system is based on specialization in the field of design, quantification and construction. -Vll-b. Design And Build Approach: Design and build is a single financial transaction under uihich the organization designs and constructs a building to the owner. c. Management Contracting: Owner's appointed management contractor takes a contractual risk in delivering the project to a guaranteed maximum price and on time and takes on the trade specialistsas as sub contactors. d. Construction Management: The management services provided by a fee based professional and all trade contractors are directly contract with the owner. Owner retain time and price risks. 3. Valuation Method of The Works: A Valuation method of the works is one of the most important factors that effect the nature of the contract. Namely hom the contract sum is determined and how the.contractor is paid. The- valuation methods are grouped in two main.categories' and their variants. a.) The contracts which payments are made on the basis of a predetermined estimate. 1. Drawings and specification based contracts 2. Unit price schedule of rates contracts. 3.- Meusured term contracts'. 4. Package deal contracts. -Vlll-b.) The contracts which payments are marie on the basis of the actual cast incurred by the contractor. 1. Cast plus a fixed fee contracts. 2. Cost plus a percentage contracts. 3. Target cost contracts. The contract type which is examined in this study is the unit price contracts uihere the unit items of work priced at a rate per unit. The schedule thus formed is used in conjunction with the m-easurement of work to calculate payment. In Turkey the terms of that type of contracts are prepearad by the Ministry of Public works according to the specifications and Law of Tender no 2886. Also the standart farm af contract is prepared by the same ministry. In England the most common standart form of contract is JCT 80 which is prepared by the Joint Contracts Tribunal. These two forms are compared according to the main subjects of the contruction contracts in the third chapter. These forms of contract are considered in eight categories as follows; 1- Rights and the responsibilities of the parties 2- Commencement and time for completion 3- Control of theu'uiork3 k- Payment 5- Statuary obligations 6- Injury, damage and insurance 7- Determination and completion 8- Sub-contracting -Rights and the responsibilities of the parties. The responsibilities of the contractor, are carrying out of the works in a good and workmanlike manner, the use of materials of a good quality, commencement and the -IX-completion of the works on time, The major liability of the employer is to make progress payments to the contractor according to the agreed reimbursement programme. The existing terms of the construction contracts rela ted to this subject are explained and compared in detail. -Commencement and time for completion. The employer's main concern, in addition to keeping the contract within the authorised, expenditure limits is to ensure that the commencement and completion dates are maintained. For this reason the contractor is required to produce a programme showing the order in which he proposes to carry out the works. Under this heading, the terms related with, extentions of the contract period and the reasons for non-completion, the liability period of the defective works, liquidated damages for non-completion and their remedies are both examined. -Control of the works. The clauses dealing with the control of the works are the greatest concern of the person who is representing the employer. The duties and liabilities of this person are considered as follows; -Furnishing the contractor with drawings and information. -Issue of variation orders altering extent, nature or quantity of works. -Suspension of the works. -Approval of the work and inspection. -Nomination of sub-contractors and suppliers -Pricing of variation orders where new prices will be established. -Granting of extentions of time -Issue of certificates. -Payment. -x-Terms of payment ara a matter an which commercial, technical and financial sides of the parties are apposite to each other. But the contract terms must safeguard the interests of the bath parties to the contract. In the unit price contracts the payments are made on a monthly basis which mill be estimated again during the final valuation and certificate. - Statuary Obligations. Under this heading, it is primarily concerned about the effect of find of antiquties during excavations, damage of war, statuary tax and.value added tax obligations of the parties. Because these terms are subject to the existing laws of the countries; there is no comparisons are made about them. - Injury damage and insurance. Construction work by its very nature, is likely to be dangerous and the risks of injury to people and damage to property are high. It is essential that the responsibilities of the various parties involved in the works with regard to these aspects of the contract must be clearly defined. Also necessary insurance provisions must be incorporated to ensure that those involved have the resources necessary to meet their responsibilities in case of occurance of an accident they are liable. The existing clauses of the contracts about this subject is also considered in detail..Determination and completion. The grounds- far determination and the completion of the contract by bath parties and related clauses about this subject are examined. The contract work may be completed in one of two- ways; -By the achievement of required duties and the liabilities of both parties and the issue of the final certificate. -XI--Determination of the various circumstances. contract work because of -Sub-contracting. It is evident that modern constructional activity is based on specialization and the main contractor is becoming substantially a co-ordinator, though there are restrictions to sub-contract on the contractors behalf. Also the employer may prefer some of the works to be carried out by the domestic subcontractors. In order to provide the employer and the contractor uiith reasonable safeguards and at the same time minimize the communication problems, both of the sub-contracts must be considered in connection with the main contract. However, there is no clauses dealing uiith sub contracting works in the specifications and form of contract which is prepared by Ministry of Public Works in Turkey. Finally, in chapter four the existing forms of construction contracts were compared and tabulated to determine the different and associating aspects. After the definitions of the gaps and obstacles of the existing structures, some solutions are suggested about each subject. -Xll-
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