On 13th of February 2024, the proceedings pending before the Commercial Arbitration Court in Poznań, at the Greater Poland Chamber of Construction, concluded, in which a lawsuit for payment for construction works was brought against the Law Firm’s client, engaged in property development. The value of the case, along with procedural costs and demanded interest, exceeded 250,000 PLN.
After the complaint was served, the lawyers from the procedural and arbitration law department of the Law Firm analyzed the content of the claims covered by it, as well as their legal and factual bases, including the documentation attached to the complaint. As a result of the analyses conducted, notwithstanding the material legal objections, the client’s representatives initially pointed out the fundamental lack of procedural nature, namely the absence of a valid provision for arbitration. The plaintiff referred to a construction contract signed by them, which, however, was never signed by the Law Firm’s client. The plaintiff argued that this contract constituted a continuation of previous cooperation on the same terms and provided a previously signed contract of similar content by both parties as evidence. The plaintiff cited the fact that the works had been carried out in accordance with the agreement reached with representatives of the defendant company.
In the decision issued, the Commercial Arbitration Court in Poznań, at the Greater Poland Chamber of Construction, fully supported the arguments presented by the Law Firm’s lawyers. Consequently, it issued a resolution to dismiss the proceedings in their entirety, thereby concluding the case pending before this court, which is not subject to appeal.