In April 2020 Law firm Babiaczyk, Skrocki i Wspólnicy represented one of the Law firm’s client’s interests – a company producing technologically advanced building materials – in a case against one of polish municipalities regarding direct payment from the contracting authority to the Client (subcontractor) as a part of public procurement, which was not paid by the contractor.
Claims of the Client have been questioned in regards to the earlier opening of the restructuring proceeding of the contractor’s company, which results in suspension of payments. On these grounds restructuring counselor has taken a stance that the contractor is not in default and therefore the prerequisite for payment by the municipality is not fulfilled. The municipality submitted an application to place the money in judicially deposit.
The Law firm on behalf of the Client decided to negotiate with the counselor and the municipality. Upon hearing our standpoint the counselor decided to opt out of questioning the Client’s claims, which resulted in a quick payment of over 1.000.000 PLN form the municipality to the Client, without the need of judicial proceeding.