On July 10, 2015 in the case III CZP 45/15, the Supreme Court has passed a significant resolution concerning the scope of liability of the investor for the claims of subcontractors upon the construction work contract.
According to the resolution, in case of the contractor’s withdrawal from the contract concluded with subcontractor, the investor is not liable for the obligations of the subcontractor. While passing the resolution, the Supreme Court has consented to the standpoint of District Court in Koszalin, presented in question of law, according to which the condition of the investor’s liability is the existence of effectual, based on the contract, obligation of the general contractor.
The aforementioned resolution causes that the prerequisites and effects of the withdrawal from the contract, stipulated in this contract, become particularly significant for participants of the construction process.