Criminal Law

Key Considerations When Choosing a Contractor Company for Urban Transformation Services

The urban transformation process is of critical importance as it directly affects the future of your residence or workplace, which you acquired through years of hard work. It is frequently observed in practice that, due to the selection of the wrong contractor or faulty contracts, many flat owners fail to regain their homes for years and suffer severe grievances.

This informative article has been prepared to ensure that during the urban transformation process you do not suffer a loss of rights, your property is not put at risk, and the process is conducted under legal security. Paying particular attention to the matters outlined below is of great importance in preventing irreparable damages in the future.


Be Cautious Against Unreliable Misdirections

One of the most common problems encountered during the urban transformation process is that certain individuals, in exchange for specific benefits, introduce construction companies that lack sufficient experience and capacity to flat owners as "reliable" or "expert contractors".

Companies that have never previously undertaken an urban transformation project,
lacking sufficient technical staff and financial capacity,
having experienced serious issues in past commercial activities

the marketing of construction companies in this manner exposes property owners to serious risks. Therefore, contractor proposals should be approached with skepticism, and every company must be independently investigated.


The Commercial and Legal Background of the Contractor Company Must Be Thoroughly Examined

Before entering into an agreement with a contractor company;

  • The company's date of establishment
  • Projects previously undertaken
  • Ongoing or concluded lawsuit files
  • Debts subject to enforcement proceedings

must be investigated in detail. Legal disputes experienced by the contractor company in the past provide important clues regarding risks that may arise in your project in the future.

Working with companies that have previously victimized property owners or failed to fulfill their commercial obligations jeopardizes the urban transformation process from the very beginning.


Do Not Accept Contracts Prepared by the Contractor As-Is

The contract to be executed with the contractor before a notary public within the scope of urban transformation constitutes the most critical document. This contract essentially serves as a "constitution" that determines the rights and obligations of the flat owners.

In practice, almost all contracts prepared by contractors contain;

  • Provisions drafted in favor of the contractor,
  • Provisions that restrict the rights of the flat owners,
  • Provisions containing ambiguities.

For this reason, the contract must be reviewed in detail by a lawyer specialized in urban transformation law.

Otherwise, even if a manifest grievance is suffered, no rights or receivables may be claimed due to the contract provisions.


Construction Permit and Delivery Period Must Be Clearly Stipulated

A contract provision frequently encountered in practice is as follows:
"The construction shall be delivered within 18 months from the issuance of the permit."

However, if the contract does not explicitly state the date by which the construction permit will be obtained, this period does not protect the flat owners. This is because the contractor can prolong the process by failing to obtain the construction permit for years. In practice, this situation has caused severe grievances in hundreds of projects.

Therefore, the contract must clearly and unambiguously set forth:

  • The deadline for obtaining the permit
  • The commencement date of construction
  • The delivery period

must be drafted clearly and beyond any doubt.


The Technical and Financial Adequacy of the Contracting Company Must Be Investigated

In practice, it is observed that certain construction companies, which fail to timely complete even two projects within a year, undertake a large number of urban transformation projects simultaneously. It is practically impossible for companies with insufficient labor and financial capacity to deliver all projects on time.

Therefore, the contracting company's;

  • Technical staff
  • Simultaneously ongoing projects
  • Financial adequacy

must be evaluated in detail. A mistake made in the selection of the contractor may lead to the loss of real estate acquired through years of hard work.


Work with Law Firms, Not Consultancy Companies

Recently, many companies operating under the guise of "urban transformation consultancy" without legal competence have emerged. The primary objective of a significant portion of these companies is to collect commissions from contractors.

It is not possible for these individuals to possess sufficient knowledge regarding;

  • The legal consequences of urban transformation agreements
  • Disputes that may arise with the contractor
  • Legal remedies

and similar matters.

Legal monitoring and consultancy of the urban transformation process, must be carried out exclusively by law firms To prevent any loss of rights, it is essential to work with a urban transformation lawyer starting from the very beginning of the process.


Professional Legal Support is of Vital Importance

The urban transformation process offers a secure renewal opportunity when managed correctly; however, if managed improperly, it leads to severe grievances that can last for years. Therefore, the selection of the contractor, the contract process, and all legal stages must be conducted with professional support.

For legal consultancy and contract review services regarding the urban transformation process, you can receive professional support from our office.

For more information, call 0532 669 34 90 or https://batinyilmaz.av.tr/iletisim/ you can contact us via our addresses.

Atty. Batın YILMAZ

This article is for general informational purposes and does not constitute legal advice. Legislation and practice may have changed after the publication date; you may consult us for an evaluation specific to your file.

Atty. Batın Yılmaz

Author

Atty. Batın Yılmaz

Founding attorney of Batın Yılmaz Law Firm. He provides litigation and legal consultancy services in criminal law, corporate law, administrative law, real estate law, enforcement and bankruptcy law, and compensation law, as well as immigration and citizenship law.

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