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IN THE DEFAULT OF CONSTRUCTION CONTRACTS CLAIM FOR DELAY COMPENSATION WITH EXACT PERFORMANCE

Purpose: The aim of this research; It is the indication of the same performance and the compensation items to be claimed along with the optional rights that can be used by the employer due to the default of the contractor in the construction contracts. 
Methodology: Previous studies on the subject were researched and a literature review was conducted. It is a study in which the information obtained is compiled through the Microsoft Office program and the core information about the right to perform exactly the same is prepared. 
Findings: It has been observed that the employer, who will demand the right to perform exactly in the event of the contractor's default, has the right to demand compensation under the headings of delay compensation and/or penalty clause in addition to this right. 
Originality: In construction contracts, the contractor's obligation to construct the immovable and deliver it to the employer is one of the essential elements of the contract. The contractor who fails to fulfill this debt at the time of performance will be in default if certain conditions are met. In this case, the law granted some rights to the employer arising from default. In our study, the right of the employer to demand delay compensation together with the exact performance has been examined within the framework of the provisions of the Turkish Code of Obligations. The study aims to convey the titles of delay compensation and penalty condition in a comparative and simple manner and to guide practitioners and market actors in this regard.