In short
Putting a progress-payment claim into enforcement is not the contractor placing, in the enforcement file, a single goods invoice cut in the owner's name and claiming that invoice total while there are no acceptance minutes. The contractor claims the progress price that the owner measured, entered in the minutes, and did not strike in the objection writing, and does not fold unaccepted work into this price. A retention, work that was objected to, and a delay penalty do not stand of themselves inside the accepted amount, and each waits on its own line. Each line is read separately from the contract text, the period progress certificate, and any objection writing, and one is not written in place of another.
The accepted amount
The progress certificate shows together the work measured in that period, the deduction that was made, and the item struck on objection, and which item was accepted is read from that certificate. The invoice may be the taxed copy of this certificate, or it may be an entirely different total that also carries items the owner did not accept. An invoice that does not carry the same figures is not put in the place of the acceptance minutes, and a line struck in the minutes is not written back into the balance because it still stands on the invoice. Which document was chosen as the basis is written in the enforcement petition, and the whole of the contract price is not shown as the claim being made while there are no minutes.
The invoice and the current account
The route of a single goods invoice sits in the record enforcement on an invoice, and the route of a period balance sits in the record a current account, and a progress payment is not a copy of those two records. A progress payment is built by placing the progress certificate and the acceptance minutes onto the skeleton of those two records, and without the documents the skeleton is not a claim. While there is no document, a current-account balance does not stand in for the progress minutes, and a balance line is not read as accepted work. If the date or the amount of the two papers conflicts, the request shows separately which was taken as the basis and which item the difference came from.
Deduction and delay
The contract may provide a deduction from each progress payment, and it writes in its own text on which condition, at the end of which work, or after which acceptance that deduction will be paid back. Adding the deduction to today's claim before the condition is met mixes the accepted amount with an item that cannot yet be claimed, and reduces the two lines to a single balance. A penalty agreed for delay is read from the record a penalty clause, and if it was not entered on the progress certificate the creditor does not treat it as set off. A number of days and a deduction rate are not frozen in this article; both are read from the contract line, and a rate that is not in the text is not added to the enforcement petition.
The letter and the disputed work
A letter of guarantee is a security separate from the progress balance, and its conversion into cash sits in the record a letter of guarantee; the letter is not the balance itself. If the bank has turned the letter into cash, the balance falls by the amount on the bank slip, and while there is no slip this fall is not written, and an oral notice does not stand in for the slip. Disputed work stands separately, outside the acceptance minutes, and an item struck in the minutes is not added to the balance. An item on which the dispute continues is not buried in the same sentence of the petition as the accepted line; the two items remain as separate lines.
What is separated in the progress file
The question of how a progress-payment claim is put into enforcement is built from separating the acceptance minutes, the deduction line, and the disputed work, and the invoice total does not stand in for this separation. An Ankara lawyer reads from the document in the file that the office being in Çankaya does not change the competent enforcement office or the authority for objection. Before the letter of guarantee is turned into cash, the balance is not treated as reduced by the amount of that letter, a reduction without a slip is not written, and the bank's oral notice does not stand in for the slip either. Disputed work is not added, in the enforcement petition, to the accepted line, and the whole of the contract price is not written in place of this line.
Conclusion
Enforcement of a progress payment is read from the accepted amount and the deduction line, the whole of the contract price does not stand in for this line, disputed work is not added to this line either, a deduction rate is not written into the petition while it is not in the text, and a number of days is not frozen. The frame sits on the enforcement and bankruptcy page. The basis is the Turkish Code of Obligations No. 6098 and the Enforcement and Bankruptcy Law No. 2004.