Abstract:

When terms used in contracts are not adequately defined or are insufficiently defined, project costs increase, the duration of the project extends, and as a result, disputes arise between the parties. Therefore, it is essential to comprehensively clarify the scope of each term under the heading of definitions, reducing ambiguity and uncertainty, while also elucidating the portions that fall outside the scope. This study aims to identify deficiencies related to terms defined in standard forms, 4734 Public Procurement Law, 4735 Public Procurement Contracts Law, and the General Conditions of Construction Contracts, as well as AIA (American Institute of Architects) A201 2017 and FIDIC (Federation Internationale Des Ingenieurs Conseils) Red Book 2017 standard forms, and to provide recommendations for addressing these deficiencies. As a result of the research, it has been determined that there are still deficiencies and inadequacies in the definitions of terms in both standard forms and contracts in the private sector.

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