Lawyers:
Investment Disputes
Rafał Pytlak
MANAGING PARTNER
Investment Disputes
Wojciech Deja
Partner, Leader in Practice of Litigations

We help resolve complex disputes over investments, including construction investments. We represent developers as well as general contractors and subcontractors. We have gained invaluable experience in protecting the interests of contractors providing design services. In response to current market trends such as “developer blackmail”, our lawyers have resolved interdisciplinary disputes in the fields of civil, administrative and criminal law.

Brief case summary: representing the interests of the main contractor (operating within a consortium) in a dispute with the subcontractor (also operating within a consortium) over the reimbursement of retained remuneration.

The subcontractor threatened to file a bankruptcy petition against the main contractor unless the main contractor paid remuneration. Since the remuneration was subject to reimbursement, the main contractor claimed payment for the unduly received remuneration.

The interests of the main contractor were inefficiently represented by the representative of the consortium. Moreover, the joint and several liability in trilateral relations between the investor, the main contractor and the subcontractor, as well as additional dependencies between the consortium members and the contractors at various levels had to be taken into account.

Amount in litigation: approx. PLN 1 million. Case status: legal proceedings before the court of first instance.

Brief case summary: representing the interests of a design studio in a case involving the return of deposit and unduly deducted contractual penalties.

The investor and the ordering party unduly offset the designer’s claim for the return of the retained deposits against an alleged claim for the payment of contractual penalties. The same event, i.e., a delay in completing the project documentation, became the basis for imposing two different contractual penalties: one for the failure to meet the contractual execution deadline and another for an improper performance of the contract.

The issue addressed by our lawyers was the accumulation and the imposition of severe contractual penalties.

Amount in litigation: approx. PLN 1 million. Case status: legal proceedings before the court of first instance.

Dedicated website: ESTATE LITIGATION