
In short
The price under a contract for work is not a progress payment in enforcement. The contractor asks for the agreed price for the work they produced. A progress payment is the acceptance minute of the work measured within the period. The separation of deduction and dispute in that minute is in the article on a progress-payment claim. This text does not copy that article. The price is not added if it is not in the contract and in the handover record.
The handover record shows the price
In a contract for work the contractor undertakes to produce the work, and the owner undertakes to pay the price. If the contract does not write another due date, the price can be asked for on handover of the work. If another due date is written, that date is read. The date is not added to this text. The handover minute, the delivery note, or the owner's writing of handover shows that the work was given. While there is no such record, the whole of the contract price is not treated as due.
Handover is the record that the work passed into the owner's control. Work standing in the workshop, on the road, or whose assembly is not finished does not open the whole of the price without a writing of handover. A message from the owner of "we will look later" is not put in place of the handover minute. A spoken sentence of "I liked it" does not build the price falling due if there is no signed handover line. A photograph can show where the work was standing at that moment. The photograph does not produce the signature line of the handover minute.
If the place of handover is written in the contract, the price is read with that place record. If the place is not written, a place is not invented. If there is more than one part, the handover line of each part carries its own price. Handover of one of the parts does not of itself make the price of the other due. If there is a writing that the owner refused the handover, the refusal is not erased as if handover had happened. Whether the refusal is unjustified does not become a judgment at the enforcement office.
A partial handover is not written as a total
If partial handover was agreed, the head is the part that was handed over. The part that was not handed over is not written into the total as work that was done. The total price does not stand in for the missing handover. If the contract writes a stage price, what is asked for is the price of the stage that was completed. If there is no stage minute, the next stage is not added to the slip of the previous stage.
Even if the material has come down to the workplace, if assembly is with the contractor in the contract, the material slip is not counted as handover of the work. If the price of the material was agreed separately, that line stands with its own document. While there is no agreement, the material is not written as the whole of the price of the work. Wastage, loss and return heads are not added to the total if they do not appear in the handover minute.
A part the owner used can be the place where handover is in dispute. Use does not make the whole price due while there is no minute. Whichever part the writing of use shows, the request writes that part. A part that was not shown is not completed as having been used. A record referred to as handover of the keys is read only if it is in the document. If it is not in the document, the sentence about the keys does not stand in for the total price.
The name of a progress payment does not build a deduction list
The contract may have called an interim payment a progress payment. This name does not turn the private price of the work into a construction progress document. The article on a progress payment separates the work that was accepted, the deduction, and the head in dispute. If that minute is not in the work file, a deduction list is not built. The list is not written later in order to break up the price. A delay deduction, a withholding, or a security deduction is not carried into this file if it is not in the progress-payment document.
If a progress-payment document was in fact drawn up, the request shows the line the document accepted. While there is no document, the invoice total is not read as an acceptance minute. If the amounts of the two documents conflict, which was taken as the basis is written in the request. The conflict is not quietly resolved to the larger amount. A measurement schedule does not build the price on its own without an acceptance minute. A new amount is not produced at the enforcement office by multiplying the measure on the schedule by the unit price in the contract.
A penalty clause in the contract is not hidden inside the price of the work. Whether the penalty record stands beside it or in its place is in the article on a penalty clause. The penalty line is not added to the price in this text. A penalty that was not written as a deduction in the minute is not built as a list while there is no progress-payment list either.
The invoice does not close a defect
The invoice can be the appearance of the price with tax. The invoice does not, on its own, make due the price of work that was not handed over. The date of the invoice does not of itself bring forward the due date in the contract. An electronic invoice and a printed invoice do not make the same price able to be asked for twice. If there are two copies, which one is the basis of the proceedings is written in the request. The copy that was not written is not chosen as the larger amount.
The owner can put forward a claim of a defective work by an objection or an action. The enforcement office does not resolve the defect like a judgment. A claim of a defect does not of itself zero the price. The price is not treated as final in this text as if there were no defect either. A writing that asks for the defect to be cured does not mean the whole of the price was given up. A writing that asks for the price to be reduced does not of itself shrink the amount in the enforcement file. A reduction is read only if it is written in the document or in the judgment. If there is no writing, an amount of reduction is not produced.
Repair, extra work and work outside the contract carry a separate ground. The price of extra work is not added to the principal price if it is not in the contract, or in a writing accepted later. A difference of material the contractor chose themselves is not written as a price difference without the owner's writing of acceptance. Whichever head the writing of acceptance shows, that head stands.
The objection does not zero the price
An objection can stop proceedings without a judgment. With which document the objection was made is read from the service record. A period is not written into this text. The objection does not mean the work was never handed over either. The handover record and the objection petition stand side by side. One does not quietly erase the other. The objection does not turn the invoice into a term of the contract either.
The first reading of a claim that there is no debt at all is in the article on enforcement came when I have no debt. This text does not stick that article onto the price of the work. Lifting the objection, and setting it aside, are not built here. A head of denial is not written inside the price of the work. The owner having brought an action about the defect does not mean the proceedings without a judgment fell of themselves. If the action and the proceedings stand side by side, each document carries its own subject.
If there is more than one contractor, the price is written to the person who undertook it in the contract. The subcontractor's invoice is not directed of itself at the principal owner. The direction is read if a record of assignment, or of a direct claim, is in the document. If there is no record, the creditor is not treated as changed. If the owner has changed, a writing of assignment or of transfer is looked for. If there is no writing, the old owner is not completed as the debtor of the new price.
Handover of the site and handover of the work are not the same minute. The owner leaving the land or the site to the contractor does not mean the work was given back. The minute of handover of the site is not read as the record that makes the price due. A survey, a preliminary design, or a permit paper is not a handover slip either. These papers can show that the work came into being. The moment the price will be asked for is still the due date in the contract and the handover record. If there is a list of incomplete work, the list does not close the part that was not handed over as if it had been done. If the list and the invoice conflict, the conflict is not resolved in favour of the larger amount.
If it is written that the work was abandoned, the abandonment does not stand in for handover. If the writing of abandonment shows at which stage it stopped, the price that can be asked for is read as limited to that stage. If there is no stage price in the contract, the abandonment does not of itself give rise to the whole contract price. The contractor leaving tools and material on the site is not a handover minute either. Material that was left is not added to the principal price if it is not a price agreed separately. The owner having another contractor complete it does not zero the first price. The cost of completion is not of itself deducted from the price of the work in these proceedings. The deduction is read if it is written in the document or in the judgment. If there is no writing, the amount of the cost is not produced in this text. The owner notifying the defect by a notarial notice does not make the notice a handover minute. Whichever defect the notice counts, that count does not shrink the price. A reduction needs the contract, the minute, or a judgment. If none of them is there, the notice does not of itself drop the proceedings.
Conclusion
The price of the work is read on a basis separate from the article on a progress payment. The basis is the agreed price and the handover record. A partial handover does not have the part that was not handed over written into the total. The name of a progress payment does not carry a deduction list into this file. The invoice does not stand in for the handover and for a ruling on the defect. The objection does not zero the price. If the amount is not in the document, it is not added. The frame is on the enforcement and bankruptcy law page. The proceedings are read from the Enforcement and Bankruptcy Code, Law No. 2004, and the arising of the price from the provisions on a work in the Turkish Code of Obligations, Law No. 6098. The office record is on the contact page.