Glossary
Search a term and see its short definition, legal basis and related decisions. Only lawyer-approved English entries are published.
- GLOSSARYTender Process Disputes20 April 2026
Supervision of Works
While the contractor manages and carries out the works made the subject of a contract, the supervision of those operations is carried out by the construction supervision officer appointed by the contracting authority. The fact that work has been carried out under such supervision does not, however, remove the contractor's obligations and responsibility to carry out the work it has undertaken…
- GLOSSARYTender Process Disputes20 April 2026
Powers of the Construction Supervision Officer
In contracts for public works, the contractor must carry out all the works in accordance with the instructions given by the construction supervision officer, provided they are not contrary to the terms of the contract and its annexes. The contractor may not bring any materials to the work without showing them to that officer and having them accepted as suitable. The officer may carry out such…
- GLOSSARYTender Process Disputes20 April 2026
Disputes Between the Construction Supervision Officer and the Contractor
Disputes that may arise between the construction supervision officer and the contractor during the performance of the work and in drawing up the final accounts are resolved by the contracting authority, having regard to the terms of the contract and its annexes. The contractor applies to the authority within fifteen days from the day on which the situation arose, by a petition setting out its…
- GLOSSARYTender Process Disputes20 April 2026
Conformity Review
A conformity review is the review by a firm that will participate in a public tender of the tender documents and its own information and documents, before submitting a tender, against the legislation and the conditions stated in the documents. It is directed at determining whether the notice, the administrative specifications, the technical specifications, the draft contract, the standard forms…
- GLOSSARYTender Process Disputes20 April 2026
Taking Delivery
Taking delivery means the taking by the contracting authority of what has been delivered by the contractor. As delivery cannot be taken of work that the contractor has not delivered, the inspection and acceptance procedures cannot be commenced either. For that reason some authorities maintain delivery and receipt sections and keep records of receipt.
- GLOSSARYTender Process Disputes20 April 2026
Maintenance and Costs During the Maintenance Period
The maintenance period in works is the period between the dates of provisional and final acceptance, which may not be less than twelve months unless the contract provides otherwise. Maintenance and costs during that period are borne by the contractor. The contractor must carry out maintenance during the maintenance period, protect the whole of the structure properly and remedy any defects and…
- GLOSSARYTender Process Disputes20 April 2026
Conclusion of the Contract After the Expiry of the Tender Validity Period
Where the tender process is prolonged because a complaint is made or proceedings are brought after notification of the final award decision, and the tender validity period has been extended by the period provided for in the tender documents and that period has also expired without the contract being signed, the contract may be concluded, under the provisions of the legislation, with the tenderer…
- GLOSSARYTender Process Disputes20 April 2026
Work in the Hazardous and Very Hazardous Classes
Work in the hazardous and very hazardous classes consists of activities with a high risk of occupational accidents and occupational diseases, involving physical, chemical and technical dangers. That classification is determined by the Communiqué on Workplace Hazard Classes and the Regulation on Vocational Training in Hazardous and Very Hazardous Work. Construction, mining, metal production…
- GLOSSARYTender Process Disputes20 April 2026
Final Liquidation Account
The final liquidation account is the procedure by which, upon the liquidation of a contract, all the works carried out by the contractor up to that date, any material differences, price differences and other costs are finally calculated, bringing to an end the relationship of debt and claim between the parties. It is prepared on the basis of the provisional liquidation record and the final…
- GLOSSARYTender Process Disputes20 April 2026
Provisional Liquidation Record (Statement of Condition)
The document called the provisional liquidation record, or in the legislation the statement of condition, is drawn up where a continuing works or service procurement contract is brought to an end for reasons other than the contractor's fault, such as force majeure, a court decision, legislative provisions or a unilateral decision by the contracting authority not to continue the work. By this…
- GLOSSARYTender Process Disputes20 April 2026
Estimated Price Determination Commission
A commission of technical and financial specialists formed in order to determine the market value of the work subject to a tender under State Procurement Law No. 2886. This commission ensures that the estimated price, the most critical stage before the tender, is determined scientifically and consistently with market realities.
- GLOSSARYTender Process Disputes20 April 2026
Exercise of the Power of Eviction Through Law Enforcement
The exercise of the power of eviction through law enforcement is the implementation by the contracting authority of its eviction decision through the security forces.
- GLOSSARYPublic Real Estate20 April 2026
Eviction (Eviction from Public Immovable Property)
Eviction from public immovable property is the vacation of the property by the lessee upon the expiry of the contract with the contracting authority. The authority has power to have the property vacated without the need for a court decision. Upon the authority's request, the occupied immovable property is evicted by the local civil administrative authority within fifteen days at the latest and…
- GLOSSARYTender Process Disputes20 April 2026
Inspection and Acceptance Procedures on Early Delivery
Early delivery of the goods and/or work is possible. In that case, upon the contractor's application, and provided no additional cost arises and the contracting authority considers it appropriate, the inspection and acceptance procedures may be carried out without waiting for the delivery date in the contract.
- GLOSSARYFinancial Disputes20 April 2026
Calculation of the Price Difference on an Extension of Time
The calculation is made for the work items underlying the extensions of time given in the revised work programme, according to the published price difference principles for the nature of the work. In the calculation, the distribution of appropriations for the period before the extension of time may not be changed; the base index means the index for the month in which the completion date falls…
- GLOSSARYFinancial Disputes20 April 2026
Price Difference on an Extension of Time
Where an extension of time has been granted to the contractor because one of the events of force majeure specified in Article 10 of Law No. 4735 has occurred, or because performance of the contract has been delayed for reasons attributable to the contracting authority, a revised work programme is drawn up. For the work items carried out within the extended period and in accordance with the work…
- GLOSSARYContract Disputes20 April 2026
Extension of Time
In public procurement contracts, an extension of time is the postponement by the contracting authority to a later date of the completion date determined for the work subject to the contract, for justified reasons not attributable to the contractor. The essential condition for granting an extension of time is that the delay does not arise from any fault of the contractor. Extensions of time in…
- GLOSSARYTender Process Disputes20 April 2026
Manipulation of the Specifications
Manipulation of the specifications is the drafting of the specifications indirectly contrary to competition, so as to place particular persons or groups at an advantage. Such conduct is assessed within the scope of the offence of rigging a tender under Article 235 of the Turkish Criminal Code.
- GLOSSARYTender Process Disputes20 April 2026
Prohibition on Partial Acceptance in Services of a Continuous Nature
The prohibition on partial acceptance in service procurements of a continuous nature is the principle that partial acceptance may not be carried out in services that consist in the repetition of the same work, such as catering, cleaning, security and personnel transport.
- GLOSSARYDebarment and Defence20 April 2026
Termination on Grounds of Prohibited Acts or Conduct Occurring Before the Contract
Where it is established after the contract has been concluded that the contractor engaged in prohibited acts or conduct under the Public Procurement Law during the tender process, the performance bond and any additional performance bonds are forfeited, the contract is terminated and the account liquidated under the general provisions. However, provided that at least 80% of the undertaking has…