The FIDIC contract terms provide that disputes between the investor and the contractor are to be decided by a Dispute Adjudication Board. But in Poland the board’s rulings are often ignored by parties who disagree with them.
In recent years, EU law has been generally the route through which Western models and ideas have been introduced into Polish law. Europe has decidedly much more to offer us, but with regard to certain legal institutions, we have to reach out for them by ourselves. One of them, which is ever more boldly knocking on our door, is a concept of trust. Will it be greeted in Poland with joy?
Lots of folks in Poland are wondering why exactly the new Consumer Rights Act is entering into force on the 25th of December. It sure looks like a lobbying effort by Old Saint Nick.
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.”
The Convention on International Interests in Mobile Equipment offers strong protection to sellers, lessors and financers of aircraft. More and more European countries are considering ratification of the convention. Should Poland be one of them?
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.