ISTANBUL … CIVIL COURT OF FIRST INSTANCE TO THE HONORABLE JUDGE
CASE NO: 2013/….. Main Case
RESPONDENT TO THE ANSWER
(PLAINTIFF):
ATTORNEY: Attorney
DEFENDANT:
REPRESENTATIVE:
SUBJECT: Submission of our response to the response petitions.
EXPLANATIONS
1-The points raised by the defendant in their response petition to the lawsuit are unacceptable. First of all, the defendant’s objection that the Administrative Court is competent is unacceptable. The case before us is not a lawsuit filed against an administrative act or action under the responsibility of the administration, but rather a tort lawsuit arising from the damage caused by the contractor company to the client company’s real estate as a result of the ………………. Agreement concluded by the defendant in accordance with private law rules, and the lawsuit was filed within the statute of limitations period.
The decision of the General Assembly of the Court of Cassation, numbered 2000/4-860 E. and 2000/911 K., which we have submitted as an attachment, also clearly states that the Courts of Justice are competent in cases arising from tort.
2- The defendant’s objection regarding the dispute is also unacceptable to us. As stated in the decision of the 11th Civil Chamber of the Court of Cassation, numbered 2000/7829 E. and 2000/9307 K., which we have submitted as an attachment, although there is a provision in the contract stating that the contractor is liable for damage and loss suffered by third parties, this provision relates to the internal relationship between the parties to the contract and clearly binds only the parties and not third parties who have suffered damage from this incident. For this reason, the defendant’s claim that he is not directly liable for the damage is legally unacceptable. This is because the construction was put out to tender by the defendant and the client suffered damage as a result of this construction.
3-The defendant’s other objections regarding the merits are also legally unfounded, and the expert examination conducted on the subject supports our claim.
In cases arising from wrongful acts, the application of interest from the date of the damage is in line with established case law, and the rule of applying interest from the date of the wrongful act is required by law.
CONCLUSION AND REQUEST: For the reasons briefly stated and explained above, we respectfully request that the lawsuit be accepted and that the defendants be ordered to pay the court costs and attorney’s fees.
Plaintiff’s Attorney