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Is subcontracting easier? The effects of the amendment of Art. 647¹ of the Civil Code two years after adoption
infrastructure, real estate, litigation, public procurement
Art. 647¹ of the Civil Code, providing for the investor’s secondary liability for the contractor’s debts to subcontractors, was introduced into the Polish legal system in 2003. In April 2017, the parliament amended it thoroughly in adopting the Act Amending Certain Acts to Facilitate Debt Recovery. Two years after implementation, we try to answer the question whether the title of the amending act corresponds to reality and subcontractors really have a better chance of receiving payment for their work.
Does a property development boom mean more litigation cases?
real estate, litigation
Property development projects are on the rise, accompanied by rising costs of building materials. Can contractors with old contracts which do not reflect inflation validly demand a higher fixed fee?
Pros and Cons of Outsourcing
Outsourcing continues to be an appealing solution for businesses. But for it to generate benefits rather than legal problems, a number of issues must be analysed—from the liability rules governing the parties to issues of state aid and data protection.
New rules for recognition and enforcement of judgments—does easier mean better?
enforcement of claims, project, litigation
From January 2015 creditors holding a judgment issued in an EU member state will be able to obtain recognition or enforcement of the judgment in another member state without initiating an additional court proceeding.
Is it worth risking inaccurate statements in the representations and warranties?
In transactions involving the sale of shares in companies in Poland, as well as agreements on sale of enterprises or significant assets, the representations and warranties of sellers are becoming more and more extensive.
Alternative jurisdiction clauses under Polish law
Is there any justification for Polish civil procedure rules limiting the parties’ freedom to choose the forum?
Air carriers' liability for flight delays under the latest rulings from the ECJ and US courts
other courts, aviation, European Court of Justice
A right to compensation may be deduced from Regulation 261/2004 not only for cancellation of a flight, but also for a delay of 3 hours or more. Passengers eagerly exploit this right, but the court decisions continue to raise new controversies.
Paweł Mazur: Sometimes winning a tender turns into a nightmare
Interview with Paweł Mazur, an adwokat of counsel at Wardyński & Partners.
Flag an air cab?
What are the rights of passengers using air taxis, and what duties do carriers have when providing this service? These issues are explored by Paweł Mazur, an adwokat who is of counsel to Wardyński & Partners.