Waste Act amendment causes problems with EU funding for construction of incinerators

This year’s amendment of the Waste Act is forcing changes in the scheduling of incinerator projects. Target load start-up tests must be postponed until after the integrated permit is issued. This may give rise to claims by contractors for prolonging the project completion period because of a change in the law.

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.

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.

Review of rejected claims against the General Directorate for National Roads and Motorways under the special act for road construction subcontractors

The Supreme Administrative Court of Poland has made it clear that the administrative courts cannot review the road authority’s refusal to recognise a subcontractor’s claim for payment under the “special act.” The subcontractor’s claim may be pursued instead through the civil courts.