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Subcontracting agreements

Protection of investor interests

We ensure that the investor’s interests are fully protected throughout the construction project. We analyze contracts, including agreements with contractors, for potential subcontractor claims. We verify the reported scopes of work and provisions that may affect the investor’s liability. We examine subcontractor notifications submitted to the investor and recommend specific actions. We ensure that any objection to work commissioned to a subcontractor is submitted in the proper form and within the statutory deadline.

Protection of contractor interests

Representing the contractor (general contractor), we protect their interests in relations with both the investor and subcontractors. We assist the contractor in the proper notification of works commissioned to subcontractors and draft appropriate agreements in this regard. We analyze the status of further subcontractors and advise on how to effectively safeguard against their claims. Just as we do for investors, we draft objections regarding further subcontractors on behalf of the contractor and submit them to the relevant parties within the prescribed deadlines.

Protection of subcontractor and lower-tier subcontractor interests

As part of the legal assistance provided to subcontractors, we ensure that their claims against both the contractor and the investor are fully secured. We prepare the necessary agreements and notifications, which—in the event of payment issues—enable the subcontractor to demand remuneration from other participants in the construction process.

We also safeguard the subcontractor’s rights and obligations in their direct relationship with the contractor. We advise on how to ensure the enforcement of our clients’ claims and how to protect against unfair treatment by counterparties. We provide analogous legal assistance to lower-tier subcontractors, utilizing the full range of legal instruments provided by Polish law.

Dispute resolution

Representing participants in the construction process, we make every effort to resolve emerging disputes swiftly while safeguarding our clients’ interests. In our actions, we take into account the complex nature of proceedings involving subcontractors. We ensure that the solutions we propose not only settle the conflict but also guarantee the continued, uninterrupted progress of the project.

As part of the dispute resolution process, we participate in negotiations and mediations, seeking faster and more economically rational alternatives to litigation (e.g., before arbitral tribunals). Our priority always remains the client’s interests in the broadest sense, ensuring the best possible protection of their economic goals.

Paulina Meller-Kmiecik How can we help?