On June 16, 2023, a favorable judgment was rendered for the Firm’s client in a case for payment of remuneration under a construction contract. The claims, together with costs and interest, exceeded PLN 400,000.
The Law Firm’s client is a company that owns a manufacturing plant. It entered into a construction contract with a contractor as an investor. The subject of the contract was the reconstruction of a warehouse and a production hall. The contract was executed, but the construction work had significant defects. Due to the failure to remove the defects, the company filed a statement of withdrawal from the contract.
The contractor filed a lawsuit for payment of its last VAT invoice. During the court proceedings, the firm’s litigation team successfully proved that the withdrawal from the contract was justified and that the actual value of the defectively performed works did not allow the claim to be accepted. The so-called preservation of evidence preceded these proceedings, that is, the documentation of the technical condition of the subject of the contract by an expert witness. The report prepared by him then became the basis for a proper expert opinion adjudicating the existence and value of the defects at the time of the contractor’s completion of the works so that the independent performance of repair work by the Firm’s client in the course of the trial did not interfere with the evidentiary proceedings.