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Construction disputes

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Construction disputes

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Construction disputes

Scope of typical construction disputes

Construction disputes are among some of the most frequently dealt with by the the tax and commercial law firm of Marek Wynimko in Białystok, Łomża and Suwałkiand our customers include both developers, designers and construction contractors, as well as property buyers. We endeavour to resolve all disputes amicably by advising on or taking appropriate action, and when this is not possible we represent our clients in court.

The proceedings in which we most frequently undertake to protect the rights and interests of our clients and the areas in which we advise relate to:

  • negotiating construction contracts,
  • negotiating development agreements,
  • the recovery of amounts due for the performance of construction work,
  • asserting rights in the event of non-performance or improper performance of contracts,
  • disputes over the content of contracts,
  • representation of parties in administrative proceedings,
  • representation of the parties in the event of withdrawal from the construction contract,
  • in the event of a claim against the investor by the consortium members,
  • disputes over additional remuneration in the absence of the relevant annexes to the contract - the claims are then based on the defendant's unjust enrichment provisions,
  • in the case of recovery of remuneration by subcontractors (in the absence of the investor's express or tacit consent) - it follows from the Supreme Court's jurisprudence that, in such a case, the investor's implied active consent is sufficient,
  • disputes about the consequences of the type of contract, as indicated by its name - which is of considerable importance in the case of construction contracts, although it seems that it is the content of the contract and not its name that is decisive; however, this is not the case, and in the event of an inappropriate choice of contract - a works contract, as opposed to a construction contract, the subcontractor may become a disadvantaged party when the work undertaken is not of an unambiguous nature, such as the construction of a house, because:
  • The investor is then not (in the case of a works contract) jointly and severally liable with the contractor towards the subcontractor - and this entails, for example, not being able to use the implied active consent of the investor described earlier in asserting his rights,
  • no guarantee of payment to the subcontractor,
  • and the fact that claims under a works contract (2 years) are subject to a shorter statute of limitations than under construction contracts (3 years).

The legal issues in construction disputes are many, and most of them relate to remuneration, acceptance of construction works and contract administration. This is partly due to the parties' ignorance of the law, the inadequate preparation of contracts, but also to the complex legal formulas governing construction projects and their volumes.

Only a lawyer specialising in business law knows them all and can properly guide the commercial disputes towards possible and satisfactory solutions for the client at every stage - negotiation, mediation, arbitration and before the courts.

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