Activities2018-12-15T18:28:35+00:00

CONSTRUCTION LAW

The legal management of construction projects actually requires the use of knowledge and experience acquired in the relevant parts of many different branches of law, notably beyond the construction law in a narrow sense. In addition, it is obligatory to know the law and legal practice in the country where the construction project will be accomplished.

It is very important to work with a lawyer from the outset of construction projects. The control of the administrative provisions of tender specifications, the control and signature of articles of association and the signing of constituent agreement of the partnership, which will realize the project are the elements that should be accomplished from the outset of the work but such elements might determine the profitability, success and even the performability of the work. In this respect, we aim to provide a comprehensive support to the companies we work with as from the receipt of the administrative specification until the return of the letters of guarantee.

Please kindly find below some of the legal services provided by Yalım Turan Law Firm:

  • Control of the administrative specification as well as of the tender agreement:

It is possible to negotiate, in the literal sense, with the Employer Administration during the control of the administrative specification and the tender contract, provided that the issues permitted and required by law are known. For example, in case it is desired to foresee a right to increase the unit price, it is necessary to know whether the law allows it and whether it is accepted or not in the general practice in that country. Thanks to the experience it had gained in the area of tender contracts’ controls, our law firm aims to inform its clients with respect to the legal and economic suitability of these contracts by considering potential problems and possibilities.

  • Drafting and/or control of partnership agreements

Establishing a partnership within the scope of construction works where more than one company will come together is one of the most important stages of the project. This contract to be signed at the beginning of the work must be meticulously drafted. Responsibility of each company, job and price increase and/or decrease, path to follow in case of any potential problems, sharing of profit and loss, sharing of penalties, conditions of termination of partnership, management bodies, rights and responsibilities of the leading company, discharge of the partner which does not perform its work and dispute resolution should be considered at the beginning of the work and should be concluded accordingly. A poorly written partnership agreement might even put things at a standstill and cause hence irreparable damage.

Our law firm has extensive experience in the drafting and preparation of joint venture and consortium agreements in Turkish and French.

  • Drafting of the decisions of the General Assembly and those of the Board of Directors in the contract language

It is of utmost importance that the bodies foreseen in the partnership agreements of partnerships established in construction projects perform all their missions and responsabilities that are foreseen in the contract. Some rules, which may seem to be as a redundant formality and that are ignored during the smooth execution of the project, are of great importance when problems arise in the project and between the partners.

Our law firm provides legal services to its clients in the language of the contract and in accordance with the law of the contract while drafting the General Assembly’s resolutions as well as the Board of Directors’ resolutions by considering the principles of preventive law.

  • Contractual correspondences

Especially when you work within the scope of construction projects, which are realized in a foreign country, all correspondences should be meticulously done at the beginning of the project, even if it is not considered at the beginning of the project that a claim could be made or a dispute could arise in the future. In case no written notification is made as from the beginning of the project to the Employer, partner or sub-contractors; it would be difficult to prepare the file, which will serve to prove the rightfulness when problems arise. Besides, each written text would create in the other party the perception that the dispute could be transferred to the legal arena. The fact that a company, which has not previously sent any letter to its partner, begins to send written notifications, this would suggest that the swords were drawn and this may have a counter-reaction.

As Yalım Turan Law Office, we have been providing services to contractor companies for many years with respect to the drafting of correspondences to be sent to the Employer Administration, control of these correspondences, preparation of template texts and replying to the texts sent by the Employer Administration.

  • Claims, Contracts Amendments and Addenda

Claims, contracts amendments and addenda form one of the most important legal issues for companies working in the construction sector. In order to create a claim, all contractual documents (Administrative Specification, Technical Specification, General Provisions) should be analyzed, and the legislation should be known (Public Procurement Law, Procedural Law, Civil Law, Law of Obligations) and appropriate position should be taken by considering the specific situation of the project.

It is very important to establish the claim and to be able to make the Administration accept such claim both through consensus or trough legal means. At the same time, in case the accepted claim is subject to an addendum or amendment, this addendum or amendment should also be meticulously verified. While accepting some requests, it would be useful to take necessary measures in order not to give up any other elements that may be important in the future and to prevent any loss of rights.

As Yalım Turan Law Firm, we have been providing for many years legal consultancy services to Turkey’s largest construction companies primarily with respect to additional works, price increase and price decrease and the drafting and control of amendments on time extension.

  • Drafting, control and management of subcontracts

As for the writing of contracts on construction projects, it is necessary to have a minimum level of knowledge about the work to be performed as this is the case for the drafting of all kinds of contracts. Our law firm has experience in contract drafting at every stage of works of tunnels, roads, dams, art structures including contracts of studies and control contracts. Besides, our law firm has experience in control and management of such contracts. The French contracts are drafted by our lawyers who are graduates of the French Sorbonne University Faculty of Law. Both the compliance of the contract with the French contractual practice and with the relevant legal system, which will govern the said contract are cautiously controlled.

  • Control of the bank letters of guarantee

Bank guarantee letters present different characteristics. The most important difference in bank letters of guarantee is that either the letter of guarantee has a guarantee of immediate payment without any delay upon first written request or such letter of guarantee disposes of a guarantee of payment when a contractual defect is alleged. This difference is reflected generally in a letter of guarantee subject to ICC URDG 758, in the question of whether Article 15 is applicable or not. It is important that clients working in the construction sector aim to narrow or extend the scope of the letter of guarantee according to the position they work.

Apart from the above, some letters may be arranged as surety and some letters may be arranged as undertaking. In this case, such control of the scope and content of these letters would be more important.

  • Monitoring of Insurance Policies, follow-up of notifications and refunds

Our law firm has experience in the coverage, guarantee, exception and exemption control of all insurance policies required for a construction project. Besides, with respect to important disasters it has experience concerning the follow-up of notification and repayments.

Yalım Turan Law Firm, has ensured that many major projects in Turkey, Algeria and Morocco be covered by insurance policies with the most appropriate premium rates and the largest warranties. It has successfully completed the notifications of many damages of a high amount as well as the relevant reimbursements of such damages.

NORTH AFRICA INVESTMENT LAW

North Africa is one of the target areas of Yalım Turan Law Firm due to its geographical proximity to Turkey and its high economic growth figures.

  • The Kingdom of Morocco

The Kingdom of Morocco is one of the favorite countries of foreign investors thanks to its free market economy and stability.  The Kingdom of Morocco encourages foreign investors and offers them several incentives.

Yalım Turan Law Firm, is currently carrying out the legal follow-up of large-scale investments in Morocco.

We provide our clients with legal counselling services to ensure that they could make the most accurate investment planning and benefit at maximum from the incentives offered to foreign investors. We have been active in Morocco since 2015 and we are working with reputable, hard-working and honest Moroccan lawyers.

We follow up personally and with great care each of our works in the Kingdom of Morocco. The lawyers from our law firm practicing law in French and Arabic coordinate the tasks performed by Moroccan local lawyers.

We provide our clients with accurate, strategic and efficient legal advice and advocacy services during the negotiations on partnerships, the negotiations on incentives and exemptions, the negotiations with central and regional authorities as well as within the scope of the drafting and negotiating of partnership agreements and articles of association.

  • The People’s Democratic Republic of Algeria

Algeria is one of the countries in which Yalım Turan Law Firm is most experienced. Our esteemed colleagues from Algeria are working in our Istanbul Office, and the founder of Yalım Turan Law Firm, Turan, had lived in Algeria for many years when he had provided legal counselling services within the scope of infrastructure projects as well as industrial investment projects. Turan had provided legal counselling for investment projects, in some of which private partnerships had been involved and in others public-private partnerships had been at stake. For this reason, Turan has acquired significant experience both on the relevant legal legislation of Algeria and on the local practice on this subject. Our law firm has established a real bond with the colleagues from different cities of this country in which it has been involved in several projects and therefore Yalım Turan Law Firm has significant experience in Algeria.

We provide our clients with accurate, strategic and efficient legal advice and advocacy services during the negotiations on partnerships, the negotiations on incentives and exemptions, the negotiations with the central and regional authorities as well as within the scope of the drafting and negotiating of partnership agreements and articles of association.

In principle, our law firm always seeks direct communication with its clients. Thanks to our valuable experience in Algeria, we can foresee in one hand how we can perform certain actions and in the other hand we can anticipate which action would be unproductive. Thus, we aim to protect the interest of our clients in the best possible way by alerting them about any potential risks.

INTERNATIONAL COMMERCIAL LAW

Yalım Turan Law Office provides legal support in all commercial relations that will be established by the parties in different countries since it consists of lawyers serving in Turkish, French and English with native-fluency.

The firm provides legal services in particular in the area of control, drafting, negotiation and management of contracts drafted in Turkish, French and English.

In the scope of all kinds of litigation, in particular, in debt collection to be performed abroad especially in Algeria, Morocco and France, the firm ensures the follow-up, control and coordination of, by collaborating with its colleagues in the francophone countries.

ARBITRATION

Arbitration is an important alternative dispute resolution method that is increasingly used in conflict resolution.

In order to protect the rights of his/her clients within the scope of an international arbitration the lawyer who must have extensive experience in arbitration, must also know the subject of the dispute, the foreign law at stake, and the branch of law that will be applied to the dispute. Similarly, he/she must be fluent in the language of arbitration. In our opinion, by the term “Arbitration Lawyer”, the law firms focus on experience and knowledge with regard to arbitration proceedings. Moreover, it is not possible to master all languages ​​in all fields, especially in international arbitrations.

The lawyers at Yalım Turan Law Firm are bilingual and they speak fluently French, English and Arabic. All of our senior lawyers had studied the law abroad and they had also worked abroad. In this respect, they know French law, Algerian law and Moroccan law at least at the level of Turkish law. The firm’s lawyers have extensive working relationships with these countries, where they travel frequently and work in respective local laws either with local partners or by themselves. In this way, our law firm can provide legal services within the scope of local court applications, such as prudential applications, exequatur requests and requests for the cancellation of arbitration proceedings. Our close relations with the French Republic, the People’s Democratic Republic of Algeria and the Kingdom of Morocco offer our clients and our commercial partners a significant cost advantage, which we reflect in a transparent and fair way.

Our law firm has successfully completed numerous international arbitration proceedings by combining its knowledge of construction projects, its experience in construction law with its knowledge of Algerian and Moroccan law.

We adhere strictly to the professional and ethical rules of the legal profession within the scope of disputes that are resolved through arbitration and other alternative dispute resolution methods. Thus, we provide legal services in accordance with the requirements of the law, those of our clients and as well as the obligations of information, loyalty and secrecy. At this point, we would like to point out that in our law firm, your file will only be followed by our lawyers. Moreover, only lawyers are subject to the duty of professionnal secrecy vis-à-vis the power of the state.

Our law firm provides lawyers with effective and efficient dispute resolution support in both French and Arabic speaking countries, both during the preparation process and during the arbitration process, on the basis of confidentiality and professional ethics principles.

CONTRACT LAW

Yalım Turan Law Firm, which has been working for several years with the leading contracting firms in Turkey has acted as legal counsel of such companies within the scope of their domestic and international construction projects. It has followed up the entire processes of several infrastructure and superstructure projects as from tender bid stage until final acceptance stage.

Consequently, Yalım Turan Law Firm, has experience in all types of contracts, which are required in a construction project, including but not limited to tender contracts, contracts amendments and addenda, consortia, joint venture agreements, construct agreements, subcontracts agreements, contracts of studies and contracts on external control.

Yalım Turan Law Firm provides legal counselling in all contracts subject to special legislation such as bank letters of guarantee, loan agreements, insurance policies, lease agreements that may be required in all commercial transactions.

Partnership agreements, share transfer agreements, share purchase agreements, franchise agreements, license agreements, dealership contracts, distributorship contracts, supply contracts fall within the firm’s area of expertise.

COMPANY LAW

Yalım Turan Law Firm offers support and advice in all stages of a company from its establishment to its termination.

Establishment procedures, drafting of General Assembly’s decisions and Board of Directors’ decisions, organization of meetings, preparation of the internal directive of the Board of Directors, capital increase, capital decrease, merger, division, acquisition, partial division, liquidation, dissolution and termination of a company are followed by lawyers of the firm.

Concurrently, Yalım Turan Law Firm provides legal counselling with respect to establishment of liaison offices, branches and companies in Turkey and abroad.

The firm has significant experience in the establishment, operation and termination of unincorporated associations frequently referred to within the scope of construction projects.

KAMU İHALE HUKUKU

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