Contract Technique and Stakeholders

According to the law of obligations; The legal treatment formed by the mutual and appropriate declarations of will of the parties is called a contract. As can be understood from this definition, a contract is a text that is signed voluntarily by at least two parties. Although the parties' agreement on the work to be done ensures that the contract is sufficient, another important issue that should not be forgotten is that an unlawful contract cannot be made. However, the persons signing the contract must be legally competent and authorized. During the signing of the contract, the signature circular and the registry gazette should be checked and added to the contract.

In contracts; The main subjects such as the date, description of the work to be done, technical and administrative explanations, parties, obligations, guarantees, payments, fees, penalties, if any, and dispute resolution method should be clearly stated. Parties must sign each page. If legal entities have responsibility, the authorized signatory must sign each page on a stamp. The compliance of the contracts with the law is essential and the contracts that are seen to be collusive may be void and the parties may face penalties.

Contracts made on behalf of companies are generally; if any, they are made by contracting units or purchasing units. In contracts, other units of the company are the stakeholders of the contract in terms of follow-up and responsibility of the work. The unit requesting the work and the unit where the work will be done is responsible for determining the administrative and technical conditions of the contract. This unit, which can be defined as the relevant unit, is responsible for managing the work, arranging progress payments and submitting them for approval. Since the contracts submitted to the tax office will be subject to stamp duty, the party to which the payment will be made must be clearly stated in the contract. While preparing the contracts, they should be checked by the legal department, if any, and other stakeholders should be guided in legal matters. The commercial compliance of the progress payments and the work with the contract should also be checked and approved by the financial affairs and purchasing units.