Supreme Court

Supplementation of documents in procurement proceeding and retention of bid bond

There has been a great divergence in interpretation of the grounds for retention of bid bonds. A recent resolution by the Supreme Court should unify the practice of contracting authorities on this issue. But the justification for the resolution itself admits certain exceptions from the obligation to retain the bid bond, even when the documents submitted by the contractor fail to confirm fulfilment of the requirements of the tender.

When does the appointment of a member of a supervisory board of a joint-stock company end?

The issue of determining when the appointment of a member of the supervisory board of a joint-stock company ends in connection with the expiration of the term of office has been the subject of doubts and disputes for some time. It was particularly problematic to determine when the appointment ends when the term of office does not coincide with the financial year. The Supreme Court of Poland recently addressed this issue.

The group company benefitting from the results of an employee’s work—not the corporate group as a whole—is the employer

To charge an employer with paying social insurance contributions on the income of its employees earned under non-employment contracts with a third party, it is not enough to determine that the effects of the work benefit the employer’s overall corporate group.

Supreme Court stands up for owners of apartment buildings and communal tenants

In a case led by Wardyński & Partners, the firm obtained a ruling from the Supreme Court favourable to owners of buildings as well as communal tenants, establishing the rule of the liability of the City of Warsaw for non-contractual use of the property.

How to resign from the management board and be sure it’s effective?

Effective resignation by a member of the management board of a company is not an easy matter. The First President of the Supreme Court of Poland recently applied for a resolution on the matter by a seven-judge panel of the Supreme Court.

FIDIC: Is the contract engineer an agent for the investor?

The engineer’s task is to take necessary measures to ensure that the contract is performed correctly and on time. But not all actions by the engineer will directly affect the investor’s own rights and obligations.