In a Contract for Work the Price May Be Claimed Even upon Justified Termination

Ankara Regional Court of Appeal, 27th Civil Chamber

As a result of the appeal I lodged on behalf of my client, the Chamber gave an important decision on the interpretation of contracts for work. It pointed out that even where termination of a contract for work is deemed justified, the price of work carried out by the contractor for the benefit of the employer may be claimed under the rules on unjust enrichment.

The court of first instance had rejected all our claims because of the termination of the contract. At the appeal stage we had stressed the following points; the allegation that the work was not completed rested solely on unilateral reports, the defendant administration’s failure to perform its own obligations had prevented the system from operating, reports signed by both parties had not been accepted as evidence even though they contained reservations, and the allegation of false documents lacked any factual or legal basis.

The Chamber held that the progress payment receivable had to be reassessed; it set aside the first instance judgment and returned the file. It was clearly stressed that where the work done benefits the employer, its price must be paid even if the employer cannot be compelled to accept it.