Małgorzata Cyrul-Karpińska: articles by this author

Two regimes for construction contracts

In practice, the parties often refer to any contract for a construction project as a construction contract. But many such contracts are not actually “contracts for construction work,” but “contracts for a specific work.”

Suspension and resumption of work under FIDIC contract terms

Suspension and resumption of construction work are key concepts in the FIDIC Red Book. They are not directly addressed in Polish law but permissible under the principle of freedom of contract. In practice, when the FIDIC terms are used in Poland, these clauses are often modified to shift the risk of their application onto the contractor.

If contractors aren’t sure, are they required to speak up?

Under some circumstances, questioning the terms of reference in a tender may be treated not only as a right but as an obligation of a professional contractor.

How to exercise and demand authorial supervision

Because it is a right under public law, the investor for a construction project can demand supervision by the designer regardless of the contractual provisions.

Sooner is not always better

In contracts, the precise formulation of deadlines and the need for one or both parties to comply with them can prevent surprises in the form of an obligation to take early delivery or make early payment.

The entire consortium is liable for payments to subcontractors

Liability to the contracting authority for payment of subcontractors’ fees is borne by all members of a consortium—even if the subcontract was signed with just one of the members. Amendments to the Public Procurement Law have reinforced this rule.