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Court Disputes – Construction Law

GJW Gramza i Wspólnicy provides legal assistance in court proceedings related to construction law, representing investors, contractors, subcontractors, designers, supervising inspectors, and property owners in construction disputes arising from the investment process. We support clients both at the stage preceding the initiation of proceedings and in the course of proceedings before the common courts and administrative courts.

We handle cases concerning, in particular, claims arising from defective performance of construction works, delays in project implementation, defects in buildings and structures, disputes over remuneration, contractual penalties, termination of contracts, liability of participants in the construction process, and issues related to administrative decisions issued during the course of an investment. Our lawyers specialising in construction law represent clients in matters where both the analysis of construction and contractual documentation and the assessment of compliance of the parties’ actions with legal requirements are of key importance.

Pursuit and defence of claims for remuneration for construction works and design services

Our support includes in particular:

  • pursuing and defending claims for remuneration for construction works and design services, including settlements after the end of cooperation,
  • disputes concerning additional and replacement works, including determination of the legal basis, scope, evidence of performance, and valuation,
  • disputes concerning indexation of remuneration and settlement of increased performance costs,
  • defence against or pursuit of contractual penalties, including reduction and verification of the grounds for their imposition,
  • disputes concerning delays and disruptions, including determination of causes, contributing factors, and the impact of changes and investor decisions on the completion date,
  • disputes concerning acceptance of works, including refusal of acceptance, conditional acceptance, the effects of acceptance protocols, reservations, and their evidential significance,
  • disputes concerning defects and non-conformities in the works, including liability, scope of repairs, costs of remedying defects, and alternative claims,
  • disputes concerning termination / withdrawal from contracts and settlements following termination, including effects on securities and subcontractors,
  • pursuing claims for completion costs (cover) and recourse claims within the contractual chain,
  • disputes concerning contractual securities, including retentions, performance bonds, and defect rectification guarantees, as well as the rules for calling on and returning them,
  • securing evidence in technical matters, including inspections and preservation of the condition of the works, especially before they are covered up or repaired,
  • securing claims and taking urgent action, including measures to protect liquidity or reduce the risk of a counterparty’s insolvency,
  • handling disputes under FIDIC / EPC / design-and-build contracts, including time and cost claims, variations, and contractual procedures,
  • disputes concerning design and supervisory liability, including documentation errors, clashes, and the scope of author’s supervision / investor’s supervision,
  • representation in administrative disputes related to the execution of works, including suspensions, orders, obligations to remedy irregularities, as well as acceptance and use-related issues.

Construction law firm – scope of support

Construction law matters require a combination of legal expertise and an understanding of the specifics of investment projects, technical documentation, and the contractual relationships between the participants in the construction process. Proper assessment of the facts, securing evidential material, and adopting a litigation strategy suited to the nature of the investment and the client’s objectives are of fundamental importance. For that reason, each matter is handled by lawyers who have specialised in construction law for many years and have extensive experience in conducting complex court disputes and advising on investment projects.

Our practice is based on combining legal expertise with an understanding of the realities of the construction process, and the trust placed in us by our clients confirms the high standard of our services and the firm’s established position on the Poznań market. The objective of our work is to provide clients with effective representation in construction disputes and to protect their interests in matters that have a material impact on the course of the investment, financial liability, and the legal security of the project.

Czesław Starosta

Czesław Starosta
Attorney-at-law
czeslaw.starosta@gjw.pl
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+48 669 664 411

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