| In Principle

The EU’s Single CMO Regulation provides for heavy penalties for use of a form contract with even minor deviations from the formal requirements under that regulation. As a result, the National Support Centre for Agriculture may impose administrative fines of millions of zlotys on businesses.

Does State Forests have the right of first refusal on the sale of a residential unit together with a share in a partly forested property? A surprising decision by the Wołomin District Court.

Today, the benefits of using video games in education and training are no longer disputed. Simulation, sports, role-playing and strategy games help to improve eye–hand coordination, concentration and spatial orientation, exercise memory, develop perceptiveness, provoke logical thinking, and train users in making choices and decisions and foreseeing the consequences of their actions. Does this mean that teachers can use them in class without hesitation?

When analysing their needs and requirements, contracting authorities must consider the possibility of taking into account social aspects of the procurement. The European Commission has just published the second edition of a guide on how to integrate social considerations into public procurement.

This obligation arises from Art. 79a of the Administrative Procedure Code, which has been in force for several years but does not seem to be applied very often. Instructions to the parties are obligatory regardless of the type of case—from welfare benefits to building permits.

The amended regulations on joint and several liability of the investor to subcontractors of construction works have been in force for four years. With the stated aim of facilitating the payment of debts, they tightened the formal requirements for subcontractors seeking payment directly from the investor. Unfortunately, this has not been followed by a change in industry practice, as for various reasons formal notification of subcontractors often does not take place. Is the situation of undeclared subcontractors hopeless?

The rapid price increases for construction materials observed since the beginning of 2021 raises the question whether the indexation clause used in contracts for construction of roads and upgrading of rail lines in Poland will prove effective in practice. To make an assessment, we must understand the substance of the clause.

In the course of a construction dispute, to prove certain facts the parties most often request the examination of evidence not only from documents, but also submit numerous requests to hear witness testimony. However, according to parliamentary findings, witness testimony tends to increase the length and cost of court proceedings, and also allows for procedural manipulations. Therefore, the parliament restricted the admissibility of witness testimony in commercial proceedings. This has had an impact on the day-to-day operations of companies.

The investor and the general contractor are jointly and severally liable for the subcontractors’ fees. However, this does not automatically mean that the provisions of the agreement between the subcontractor and the general contractor will apply directly to the investor. A particular provision is an arbitration clause determining the method for pursuing claims. If the general contractor and the subcontractor have agreed to arbitration, can the subcontractor pursue the investor in arbitration as well, or must the subcontractor file suit in state court?

In the past, Polish courts took the position that a contractor whose bid was not selected due to a violation of the Public Procurement Law must first file an appeal with the National Appeal Chamber (and possibly a complaint with the state court against the chamber’s ruling), and only then could seek redress from the contracting authority. This discouraged contractors from pursuing claims. A recent resolution by the Supreme Court has changed this situation.

The long-awaited rules for construction of wind farms have been announced. On 4 May 2021, a bill to amend the Act on Wind Power Plant Projects (aka the “Distance Act” or “10H Act”) was published on the Government Legislation Centre website. Its adoption may once again stimulate the growth of wind power, which not long ago was the most dynamic branch of renewable energy sources in Poland.

On 11 February 2021, the Regulation of the Minister of Infrastructure of 12 January 2021 on Air Traffic Obstacles, Obstacle Limitation Surfaces and Dangerous Devices came into force. In the method of notification and marking of air traffic obstacles, it replaced the regulation of 25 June 2003. Will wind turbines still need to be marked under the new regulation? If so, who should mark them and how? And, just as importantly, does existing marking need to be brought into compliance with the current regulations, and if so, when?