CONSTRUCTION CONTRACT IN EXCHANGE FOR A PIECE OF LAND
Article 1 – Parties;
This contract is concluded between the owners of registered immovable property on a zoned parcel and contractors. In this contract, the parties shall be referred to as the real estate owners (property owner) and contractors (contractor).
Article 2 – Subject Matter;
The subject matter of the contract is the demolition by the contractor of a three-story reinforced concrete building located on the island and constructed in accordance with the zoning plan, and the construction of a new building according to the project to be prepared at the request of the property owner. Th e building will have a total of five floors, including three shops and a ground floor, three commercial storage rooms connected to the shops, a first basement floor, a heating section, a pump, a fuel storage tank, and a shelter, a second basement floor, and two apartments on each floor. The janitor’s apartment will be constructed on the first or second basement floor, according to the project regulations.
Article 3 – Place of Delivery;
The real estate shall be delivered to the contractor by the owner in a vacant state.
Article 4 – Nature of the Structure;
The construction shall be carried out in accordance with this agreement and the attached technical specifications, which are an integral part thereof.
Article 5 – Division of the Building;
The building to be constructed will be divided between the property owner and the contractor. In this division, two-story buildings (apartments) will be included in the first group, and other multi-story buildings (apartments) will be included in the second group, and the property owner will have the right to choose one of these two groups. The separation between the groups will be ensured when the project is organized.
Article 6 – Responsibility for Demolition, Excavation, and Construction;
The contractor is responsible for any damage caused to neighbors or other third parties during the demolition of the existing building and the excavation and construction of the new building, as well as for damages resulting from work accidents. Therefore, if a lawsuit is filed against the property owner, this situation shall be reported to the contractor. In this case, the contractor shall follow up on the lawsuit in addition to the property owner’s authority.
Article 7 – Expenses;
Unless otherwise specified in this contract, all material costs, labor costs, project expenses, insurance premiums and penalties, power of attorney and title deed expenses, floor rights and property establishment expenses, and all taxes, paints, and fees necessary for construction shall be borne by the contractor.
Article 8 – Taxes;
… including registration, real estate tax, including annual taxes, … shall be shared equally between the property owner and the contractor. However, the contractor shall first pay the landowner’s share to the relevant authority, and after the work is completed, the property owner shall transfer this debt to the contractor to the relevant authority and pay this debt to the contractor after the work is completed. If the contractor fails to make this payment, they shall notify the property owner at least … days in advance so that the property owner can register their situation with the administration. In the event of a future refund, the amount to be refunded shall be divided equally between the property owner and the contractor.
This transaction will be carried out on behalf of the property owner due to the sale of the independent parts belonging to the contractor. Taxes and other levies are the responsibility of the contractor.
The demolition of the remaining independent sections belonging to the landowners is ………………. tax …………………….. their own tax. However, since the value will be shown as ………………. lira when the immovable property type plot is transferred after the existing reinforced concrete building is demolished, the contractor’s own independent sections will be sold to others as plots, and the total of all their sales costs will reach ………………………. pounds.
Article 9 – Sale of Independent Sections Belonging to the Contractor;
The easement right and classification of the property owner were made after the roof of the ground floor was constructed; the loss of one of the apartments, excluding the loss of two reinforced concrete ceiling apartments, completion of the apartment walls with the addition of two partitions, installation of interior and exterior joinery, and commencement of fine and rough plastering, central heating, and sanitary installations, complete equipping of the warehouse and butcher shop, tiling and flooring, installation work, at each stage of completion of the sale, unless requested by the contractor and the landowner, a power of attorney shall be granted to the contractor. The contractor shall prepare the necessary documents for the establishment of the right of surface.
Article 10 – Price shall not change;
If it prevents the work from being done or if it excessively burdens the work, particularly due to increases in material prices and labor costs, the contractor cannot request a price increase, termination of the contract, or modification of the terms. The contractor shall be obligated to perform the work at the agreed price, regardless of the circumstances.
Article 11 – Prohibition of Transfer;
The contractor may not transfer the work assigned to them to another party; they may not have it performed by another party, even by proxy. Otherwise, the property owner shall have the right to terminate the contract.
Article 12 – Delivery;
The contractor is obligated to complete the work and deliver it to the owner in such a way that the building occupancy permit can be obtained within one month at the latest from the date of delivery. However, if the work is delivered after the end of the construction season, this period shall commence with the start of the new construction season.
The construction season refers to the period between the end of the frost period and the beginning of the following year. The aim is to complete the work, including the connection of water, air, gas, and electricity, the provision of sewer connections, the installation and commissioning of water pumps, and the completion and commissioning of all installations in accordance with the specifications of the regulations.
Article 13 – Unfinished and Defective Works;
The contractor is responsible for any incomplete or defective work in the building under construction. As with other independent departments, even if the property owner is not immediately informed of any incomplete or defective work, the contractor shall complete or rectify such work free of charge. The contractor is responsible for all claims made by the buyers of the independent sections sold to the property owner regarding incomplete and defective work or any dispute related to the sale. Clause 5 therefore also applies to lawsuits filed against the property owner.
Article 14 – Delay in Delivery;
If the contractor cannot complete the work and deliver it to the property owner on the date and in the manner specified in Article 12, they shall be liable to pay a delay compensation of ……..-TL for each month of loss of rent. If this delay exceeds three months, the owner shall have the right to terminate the contract and claim the actual rent and other damages incurred; they may also request that the incomplete and defective work be completed and corrected at the contractor’s expense.
Article 15 – Control During Construction;
A photocopy of the reinforced concrete, heating, electrical, ventilation, natural gas, and sanitary installation projects shall be provided to the property owner together with the architectural project. The owner may always have a scientist personally inspect whether the construction is being carried out in accordance with the contract and technical specifications. The contractor is obliged to immediately correct any inconsistencies, rectify any errors, and replace any materials.
Article 16 – Special conditions;
The name of the apartment shall be …………….. No advertising, promotional, or display arrangements shall be made at the entrance of the apartment building. The Management Plan shall be prepared by mutual agreement of the parties, and no sale shall be made until this plan is finalized, and a document confirming the buyers’ acceptance of the plan shall be submitted to the contractor. Concierge services shall also be provided by mutual agreement of the parties.
Article 17 – Special Power of Attorney;
For this reason, the property owner shall grant the contractor a special power of attorney for applications to be made to the zoning department, scientific affairs department, electricity and natural gas operations department, and land registry department (limited to race certification and establishment of floor rights).
Article 18 – Joint and Several Liability;
The contractors’ liability to the property owner is mutual.
Article 19 – Notification Address;
The property owner’s address is ………………. and the contractor’s address is ………………………….
Article 20 – Competent Courts and Enforcement Authorities for the Resolution of Disputes;
In the event of a dispute, the competent courts and enforcement offices shall have jurisdiction.
This agreement was concluded on …/…/…… in ……. as follows.
Owners and Contractors
CONSTRUCTION AGREEMENT FOR THE PROVISION OF LAND SPRAYING
TECHNICAL SPECIFICATIONS
1 – The building will be constructed using reinforced concrete, with a skeleton structure, natural gas, elevator, and hydroforic system, taking advantage of the maximum construction area and legal exit rights of the land.
2 – The building’s load-bearing system will be calculated and constructed as a reinforced concrete frame in accordance with the technical and static specifications of the Ministry of Public Works. Concrete produced by … will be used in the concrete sections of the construction. Branded molds will be used in the construction of the building.
3 –
Interior and exterior walls will be made of … brand bricks. All plastering will be done with plaster and cement-reinforced mortar.
4 – The floor covering in the rooms will be first-class brand parquet.
5 – The roof will be covered with brand… type tiles.
6 – According to the heating project to be used in the roof tiles, … cm thick insulation will be used.
7 – In the natural gas installation, brand radiators will be used upon request. Brand combi air conditioners will be installed in the apartments.
8 – The building will have an affordable water tank and a pressure booster system in accordance with the installation project, and a separate water meter will be installed for each independent section (apartments, shops, and heating section).
9 – Until the dirty water pipes exit the building, pipe fittings and connecting pipes will be laid according to requirements. The kitchen, bathroom, and toilet will be completely insulated. Toilet pipes will be extended all the way to the outside of the roof in the form of an air pipe.
10 – All sanitary plumbing fixtures will be branded.
11 – The stair treads will be made of ………………. brand marble.
12 –
The floor and wall coverings at the apartment entrance will, of course, be marble in an appropriate color.
13 – The walls in the stairwell will be painted with … brand plastic paint or oil-based paint.
14 – Stair railings shall be made of hardwood on an iron structure, and glass polish shall be applied to the railings.
15 – Window frames on standard floors shall be top-brand frames. On the ground floor, front facade frames shall be aluminum-profiled metal frames. Window sills shall be marble.
16 – Door frames shall be top-quality, branded carpentry products.
17 –
Glass thickness shall be at least 3 mm; thicknesses shall be determined according to the size of the opening. Door and window glass shall be double-glazed.
18 – The front facade of the building will be covered with rough concrete or marble, while the side and rear facades will be covered with rough concrete or cement as required. Rough concrete surfaces will be painted with acrylic-based paint.
19 – All walls of shops and apartments will be covered with satin plaster. The halls of the apartments will be painted with cream-colored oil paint. Other rooms will be painted white. The ceilings will be covered with paper pulp plaster.
20 – Shower – Ceiling tiled wall covering, first-class white tiles of appropriate size, sinks, double sink faucet, white tiles, nightstand, mirror, European-style white marble tiles, automatic cistern and toilet seat, bidet, recessed white tiles, white tile soap dish, hanger, and first-class single-phase grounding. If suitable, a shower tray and bathtub-type shower and bathroom faucet will be installed.
21 – In the kitchen, there will be four rows of tiles on the countertop, and the oven area will be covered with white tiles of the same height. There will be a one-meter double-bowl steel sink countertop, a sink faucet on top, a steel cabinet of the same type on the countertop, an extractor fan for the oven, and two grounded single-phase outlets.
22 –
Toilets and sinks in store storage rooms will be the same as those in apartments.
23 – Internal TV antenna, telephone, and electrical wiring will be installed, and each room will have a telephone and a single-phase electrical outlet. Stores will have a sufficient number of single-phase outlets as well as numerous three-phase outlets. Each store will have two independent telephone outlets. A doorbell will be installed at the street door to call the doorman from the apartments and will ring. All electrical fuse boxes will be in the same box.
24 – An appropriately sized vending machine will be installed in the kitchens of the apartments. The natural gas installation will be arranged to be connected by January.
25 – Internal locks, a handy hammer, and a peephole will be installed on the apartment doors.
26 – A recessed mailbox made of steel or Formica, consisting of separate compartments, and a notice board with a window on the top side will be installed at the entrance of the apartment.
27 – The brand of the 4-person elevator to be installed in the building will be …………………………
28 – All materials and workmanship will be first class.
This technical specification was agreed upon and signed by the parties in October, in addition to the daily construction contract.
Owners and Contractors