Özet:

There are lots of standard contracts drawn up by various institutions and organizations to be used in domestic and international construction and engineering projects, and the most preferred among them is the FIDIC Red Book, which is the main book. The way to be followed regarding the contractor's extension of time and additional payment requests is on article 20/2 in the FIDIC Red Book. It is regulated in detail in the article and accordingly, the contractor has to request an extension of time and additional payment within 28 days from the date on which the contractor was aware of or should have been aware of the event or situation that caused the extension of time and additional payment. Otherwise, the notification will be invalid because this 28-day period is a condition precedent. However, since FIDIC contracts, including the Red Book, are not mandatory international law rules, but are private law contracts, the contract's provisions should not be contrary to the mandatory rules of the law to be applied to the contract. If not, the provisions of the contract will be invalid. In this context, it is stated by some doctrines in the Civil Law, of which we are a part, that this 28-day period may be declared invalid on the grounds that it is a general transaction condition that has not been negotiated between the parties. However, considering the provisions regarding the general transaction conditions in the Turkish Code of Obligations, it is not possible to accept the opinion.