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.
Subcontractors for road projects in Poland may still seek payment from the General Directorate for National Roads and Motorways (GDDKiA) under a special act of Parliament from 2012. A recent amendment to the special act allows subcontractors which are large enterprises to seek payment from GDDKiA under the same terms as SMEs.
With the entry into force of the amendment to the “special act” on 16 July 2014, large subcontractors will be able to seek payment from the General Directorate for National Roads and Motorways of their unsatisfied principal claims for performance of public road construction projects.
Pursuing claims against the General Directorate for National Roads and Motorways under the special act
Subcontractors for road projects in Poland can still use the “special act” to seek payment from the national road authority. This opportunity is also to be extended to “large subcontractors” for claims related to performance of certain road construction contracts.
On 14 June 2011 the Polish government approved a bill to amend the Rail Transport Act in order to provide for automatic admission of rail vehicles for operation in Poland if they have been admitted for operation in another EU member state.