Such growth has not been limited by national boundaries, with Turkish contractors undertaking a wide range of building projects in more than 100 countries. Alongside the private sector’s role in the continued development of the sector, the State has also been involved in numerous, large public private partnership (PPP) projects during the last decade. As a result of this dynamism in the construction industry, Turkish legislation and case law in this field are constantly developing.

As with all modern legal systems, Turkish contract law is based on the principles of freedom of contract and form. Accordingly, the parties’ will, reflected via an oral or written contract, shall prevail over the provisions of any relevant legislation so long as it is compliant with the mandatory provisions. Therefore, the planning stage – shaping a future construction contract to be executed between parties – is of utmost importance in both the selection of a suitable type of contract and an evaluation of risks that can occur in the duration of the contract. While the best-case scenario is generally complete coverage and removal of potentially litigious points in the contract, the application of national law is inescapable in the majority of cases.