News

The law firm's attorneys provided comprehensive legal assistance to the Client - an entrepreneur from the construction industry - in the area of drafting claims for increased remuneration resulting from construction contracts implemented under public procurement, including contracts for investment tasks implemented under the "design and build" formula based on FIDIC contract terms.

The legal support provided by the firm's lawyers concerned financial claims related to four contracts implemented by the firm's client - three in Warsaw and one in Rzeszow. The contractual value of remuneration for each of the contracts is approximately PLN 100,000,000.00, while the total amount of financial claims submitted by the law firm's Client amounted to approximately PLN 32,000,000.00.

As part of the implemented project, the firm's lawyers provided legal assistance including conducting a legal analysis in the context of the possibility of pursuing claims based on contractual provisions, including FIDIC conditions, as well as based on the provisions of the Public Procurement Law and the provisions of the Civil Code; support in determining the methodology and calculation of the value of financial claims related to the increase in prices and other costs for individual contracts; support in the collection and analysis of materials confirming the occurred increase in prices and costs (in particular, due to the change in relations occurring as a result of, among other things, the war in Ukraine, the COVID-19 epidemic, inflation) and drafting claims against the Ordering Party.

Lawyers of the firm also provide legal assistance in discussions and negotiations with Ordering Parties.

The firm's advocates and attorneys have successfully concluded a long-standing litigation between the firm's client (landlord) and members of the management board of a limited liability company (the tenant), in a case for payment of more than PLN 400,000.00. The claims asserted in the case included compensation due to the law firm's Client for the premature termination of the lease agreement by the law firm's Client for reasons attributable to the tenant, namely the abandonment of business activities in the leased premises. In view of the ineffectiveness of enforcement against the assets of the limited liability company, the basis for the claims asserted in the case was Article 299 of the Commercial Companies Code. The argumentation of the opposing party was based on the position that it remains inadmissible to attribute liability for the liabilities of a limited liability company to the members of its management board on the basis of Article 299 of the Commercial Companies Code, in a situation where the existence of receivable against a limited liability company was not previously established by an enforcement title.

In the Decision dated May 26, 2022, The Supreme Court refused to accept for examination the cassation appeal brought by the members of the limited liability company against the judgment of the Court of Second Instance favorable to the law firm's Client. The Supreme Court, similarly to the previously adjudicated Courts of both instances, fully shared the position and arguments presented by the law firm's lawyers, that in the realities of the case there were grounds for departing from the general principle stating that a creditor of a company suing members of the management board of a limited liability company based on Article 299 of the Commercial Companies Code should have an enforcement order issued against the company stating the existence of a liability.

We are pleased to announce that recently attorney-at-law Adrian Pocica, a member of the corporate department at our law firm - received a positive result from the exam and was entered in the list of tax advisors.

We congratulate our colleague obtaining the title of professional tax advisor and wish him a lot of professional successes.