CONTACT
PRZEMYSŁAW DRAPAŁA
LEGAL ADVISER, PARTNER
ANDRZEJ SOKOŁOWSKI
LEGAL ADVISER, PARTNER

Tel: +48 22 246 00 30

Construction contracts, construction law

We successfully apply our many years of experience to preparation of comprehensive legal concepts for realisation of complex construction investment projects, and professional, tailored contracts needed to realise them (contracts with general contractors, designers, technical advisers). We support our clients in negotiations of the above-mentioned contracts, and subsequently provide assistance at all stages of a given investment project.

In the course of an investment project, we advise on matters related for instance to claims for delays in construction site handover, defects in design documentation, payment and increase of the fee, higher prices of materials and services on the construction market, settlement of payment with regard to completed additional and substitute works, construction general costs, effectiveness of withdrawal from a contract, charged contractual penalties, warranty works, an investor’s abuse of rights under a bank or insurance guarantee (drawing on the security without justification), and other claims that arise in the course of realisation of construction investment projects.

JD&P Brochure: Infrastructure

In particular:

  • We advise general contractors, subcontractors and investors, both at the stage of preparation of the investment project (selection of the optimal legal concept, drafting and negotiation of contracts), realisation of the contract (day-to-day assistance in the course of investment projects, in particular regarding arising claims related to the fee, additional works, extension of the time limit for completion), to the stage of final acceptances and exercise of warranties and statutory warranties;
  • We identify legal risks in planned and ongoing investment projects and propose effective legal solutions, working closely with the litigation practice group at our Law Firm with many years of experience in handling construction disputes;
  • We provide opinions and prepare effective solutions with regard to construction law and environment protection law matters in the course of the investment project
  • We represent our clients in court proceedings and administrative proceedings concerning real estate development and utilisation;

Selected investment projects on which we have advised (divided into industries)

Road infrastructure

  • Advising a general contractor for a section of the Gdańsk South Bypass (from the A1 motorway to the Koszwały intersection); Contracting authority: General Directorate for National Roads and Motorways (GDDKiA), project value: over PLN 1.1 billion;
  • Advising a general contractor for a section of the Warsaw South Bypass (from the Konotopa intersection to the Puławska intersection), Contracting authority: General Directorate for National Roads and Motorways (GDDKiA), project value: over PLN 908 million;
  • Advising a general contractor for a section of the S-5 expressway (Wrocław-Poznań); Contracting authority: General Directorate for National Roads and Motorways (GDDKiA), project value: over PLN 900 million;
  • Advising a general contractor for a section of the S-8 expressway (Radzymin-Wyszków); Contracting authority: General Directorate for National Roads and Motorways (GDDKiA), project value: over PLN 640 million;
  • Advising a general contractor of the so-called Upper Route in Łódź, Contracting authority: the City of Łódź, project value: over PLN 345 million;
  • Advising a general contractor for a section of the S-19 expressway (Stobierna-Rzeszów); Contracting authority: General Directorate for National Roads and Motorways (GDDKiA), project value: over PLN 175 million;
  • Advising a general contractor for the Zambrów and Wiśniewo bypass within the line of national road No. 8; Contracting authority: General Directorate for National Roads and Motorways (GDDKiA), project value: over PLN 260 million;
  • Advising a general contractor for a section of the S-8 expressway (Rawa Mazowiecka – Łódź Voivodship border); Contracting authority: General Directorate for National Roads and Motorways (GDDKiA), project value: over PLN 535 million;
  • Advising a general contractor for a section of the S-51 expressway (Olsztyn-Olsztynek); Contracting authority: General Directorate for National Roads and Motorways (GDDKiA), project value: over PLN 321 million;

Energy infrastructure

  • Advising an investor in connection with the EPC execution of an investment project encompassing the construction of a power plant with a 600 MWe gas-steam unit, project value: over PLN 1.65 billion
  • Advising a general contractor for modernisation of a boiler furnace system in units 7 – 12, PGE Bełchatów Power Plant; Contracting authority: PGE GIEK, project value: over EUR 475 million (over PLN 1.9 billion);
  • Advising a general contractor for modernisation of boilers in units 2 and 4, PGE Bełchatów Power Plant; Contracting authority: PGE GIEK, project value: over PLN 375 million;
  • Advising a consortium of Polish and foreign companies on the EPC execution of modernisation of units 4 – 6, Turów Power Plant; Contracting authority: PGE GIEK, project value: over PLN 625 million;
  • Advising a general contractor for expansion and modernisation of Byczyna station, including the addition of a 400 kV line; Contracting authority: PSE S.A.;
  • Advising a general contractor for expansion and modernisation of a 400kV/110 kV Słupsk station; Contracting authority: PSE S.A.;
  • Advising a general contractor for expansion and modernisation of Skawina station; Contracting authority: PSE S.A.;
  • Advising a general contractor for modernisation of a fluid boiler exhaust system, Żerań Power Plant;
  • Advising a general designer of a new power unit in Jaworzno III Power Plant on negotiation and performance of the contract with a general contractor (RAFAKO SPV); Contracting authority: Tauron Wytwarzanie S.A.;
  • Advising a contractor for modernisation of a sewage treatment plant in Szczecin (Pomorzany), Warsaw (Czajka), Bolesławiec, and other locations;
  • Advising on drafting design documentation for construction of an agricultural bio-gas plant as a public-private partnership (also with commitment of funds from a European investment bank);
  • Advising an operator of wind farms in connection with contracts for construction of the investment project, and delivery and upkeep and maintenance of wind farms;

Railway infrastructure

  • Advising a contractor for modernisation of railway line section Nos. 61 and 700 (Częstochowa – Fosowskie); Contracting authority: PKP Polskie Linie Kolejowe S.A.; project value: over PLN 270 million;
  • Advising a general contractor for construction of the Warsaw West–Warsaw Okęcie railway line (rail connection for Okęcie airport); Contracting authority: PKP Polskie Linie Kolejowe S.A.; project value: over PLN 230 million;
  • Advising a general contractor for the modernisation and revitalisation of railway line section No. 201 (Kościerzyna – Gdynia); Contracting authority: PKP Polskie Linie Kolejowe S.A.; project value: over PLN 100 million;
  • Advising a general designer for the investment project “Construction of a railway connection from ‘Katowice’ International Airport in Pyrzowice to towns in the Upper Silesia conurbation, Katowice – Pyrzowice section”; project value: over PLN 60 million;
  • Advising a general designer for the railway terminal at the Baltic Container Terminal in Gdynia;

Sport infrastructure

  • Advising general contractors during construction of the National Stadium in Warsaw; Contracting authority: State Treasury – Ministry of Sports and Tourism and the National Sports Centre (SPV), project value: over PLN 1.5 billion;
  • Advising general contractors during construction of the PGE Arena stadium in Gdańsk; Contracting authority: City of Gdańsk and BIEG 2012 Sp. z o.o., project value: over PLN 780 million;
  • Providing legal advice and legal representation of a general contractor in the stage before the Supreme Court in a dispute concerning the construction of the City Stadium in Białystok, Contracting authority: City of Białystok, total value of dispute: over PLN 134 million;

Large-scale facilities

  • Advising a general contractor for the Vitkac department store in Warsaw;
  • Advising a general contractor for a prefabricated unit at the EXPO World Exhibition;
  • Advising a private investor on construction of a dozen new retail facilities in Poland;
  • Advising a subcontractor for a shopping centre of an area of approximately 144,000 m2 and car parks of an area of approximately 114,000 m2;
  • Advising a general contractor for a logistics base for a major automotive manufacturer;
  • Advising a general contractor for a dozen logistics centres in Poland

Office facilities

  • Advising a general contractor for the Wolf Marszałkowska office premises in Warsaw;
  • Advising a private investor on construction of the Proximo office building;

Bridge construction

  • Advising a general contractor for a bridge across the Vistula River in Płock; Contracting authority: City of Płock; project value: over PLN 190 million;
  • Advising a general designer of the North Bridge Route in Warsaw;

Expansion of industrial plants

  • Advising a private investor on expansion of production plants in Kędzierzyn Koźle;
  • Advising a private investor on construction of a production plant for large steel foundations for sea wind power units in Szczecin (joint venture with the MARS fund);
  • Advising a private investor on expansion of production plants in Tychy (production of steel and aluminium parts for the automotive sector);

Environment protection infrastructure

  • Advising a contractor for modernisation of a sewage treatment plant in Szczecin – Pomorzany;
  • Advising one of a general contractor for modernisation of the Czajka sewage treatment plant in Warsaw;
  • Advising a contractor for modernisation of a sewage treatment plant in Bolesławiec;
  • Advising on drafting design documentation for construction of an agricultural bio-gas plant as a public-private partnership (also with commitment of funds from a European investment bank);
  • Advising an operator of wind farms in connection with contracts for construction of the investment project, and delivery and upkeep and maintenance of wind farms;
See a list of our clients

Areas of law

Transactions (M&A) / Corporate law

Litigation and arbitration

Infrastructure investments, energy, railway

Contracts (Commercial)

Tax

Project financing and hedging

Restructuring and bankruptcy law

Labour law

Construction contracts, construction law

Real estate

Public procurement

Sectors

Construction sector

Energy infrastructure

Railway infrastructure

Automotive industry

Real estate

Financial sector

Manufacturing sector and industry

Agri-food industry