On 21st of March 2024, in the Court of Appeals in Lodz, a favorable judgment was rendered for the Law Firm’s client in a case for payment of remuneration arising from a construction contract. The claims, together with costs and interest, exceeded PLN 400,000. Earlier, the Regional Court in Lodz had dismissed the lawsuit filed against the Law Firm’s Client in its entirety. The plaintiff challenged the first instance verdict by way of appeal. After the lawyers of the litigation department of the law firm Babiaczyk Skrocki and Partners filed a response to the appeal and held a hearing, the Court of Appeals in Lodz shared the Law Firm’s Client’s position in full and dismissed the appeal, charging the plaintiff with the costs of the appeal proceedings. The judgment issued is final.
The Law Firm’s client is a company that owns a production 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 production hall. The contract was executed, but the construction work was burdened with 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 the last VAT invoice issued by him. In the course of the court proceedings, the law 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. These proceedings were preceded by the so-called preservation of evidence, 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.