Infrastructure and construction industry

On the Polish legal market we are one of the leaders in providing legal advice to general contractors, subcontractors, investors and design companies implementing complex construction and infrastructure investments (roads, engineering, large-scale projects, power engineering, public utility facilities, sports facilities, industrial facilities). We have been advising our clients for 20 years on the largest infrastructure and construction projects in Poland and representing parties in related court and arbitration disputes.

In The Legal 500, an international ranking of law firms, (for 2018, 2019 and 2020), our law firm was recognised as a Leading Firm (Top Tier) in the Construction/Construction disputes category, and Prof. Przemysław Drapała was awarded the Leading Individual in Poland title in this category.

Our lawyers have unique experience in disputes concerning (i) remuneration increases due to unpredictable market changes (e.g., increase in prices of materials and services in the construction market); (ii) claims of the parties arising in connection with withdrawal from a contract, and (iii) prohibition of payment under a bank guarantee (unjustified drawing on the guarantee).

Moreover, we successfully advise our clients on matters concerning, among others, claims for delays in construction site handover, faulty design documentation, payment and increase of remuneration, settlement of completed additional and substitute works, general construction costs, charged liquidated damages, performance of warranty or guarantees of quality, as well as other claims arising in the course of the execution of construction investment projects.

Selected projects:

Road and bridge infrastructure:

• Advising a general contractor constructing a section of the S-7 expressway (Zakopianka) with the longest tunnel in Poland, contracting authority: General Directorate for National Roads and Motorways (GDDKiA); project value: over PLN 1 billion;
• Advising a general contractor constructing the S-5 (Wrocław-Poznań) expressway section; contracting authority: General Directorate for National Road and Motorways (GDDKiA), project value: over PLN 1 billion;
• Advising a general contractor extending the S-8 expressway (Mężenin-Jeżewo section); contracting authority: General Directorate for National Road and Motorways (GDDKiA); project value: over PLN 440 million;
• Advising a general contractor extending the S-8 expressway (Wiśniewo-Mężenin section); contracting authority: General Directorate for National Road and Motorways (GDDKiA); project value: over PLN 434 million;
• Advising a general contractor constructing a S-6 expressway section (Nowogard-Płoty); contracting authority: General Directorate for National Road and Motorways (GDDKiA); project value: almost PLN 400 million;
• Advising a general contractor constructing a S-51 expressway section (Olsztyn-Olsztynek); contracting authority: General Directorate for National Road and Motorways (GDDKiA); project value: over PLN 321 million;
• Advising and representing a general contractor in a dispute concerning the construction of the A4 motorway (Tarnów-Rzeszów); total value of claims: over PLN 208 million.

Railway infrastructure:

• Advising a consortium of contractors and legal assistance regarding claims in connection with the construction of Rail Baltica (E75 Czyżew-Białystok); project value: PLN 3 billion;
• Advising a consortium of contractors constructing the GSM-R system within a railway line across Poland; contracting authority: PKP Polskie Linie Kolejowe S.A., project value: approx. PLN 2.8 billion;
• Advising a general contractor constructing Łódzki Tunel Średnicowy (cross-city tunnel in Łódź); contracting authority: PKP Polskie Linie Kolejowe S.A.; project value: over PLN 1.6 billion;
• Advising a general contractor performing two tasks as part of the construction of the Szczecin Metropolitan Railway; project value: over PLN 600 million;
• Advising a general contractor on the performance of works regarding railway line 8 (Warka-Radom section); project value: over PLN 500 million;
• Advising a general contractor modernising sections of railway lines 61 and 700 (Częstochowa-Fosowskie); contracting authority: PKP Polskie Linie Kolejowe S.A., project value: over PLN 270 million;
• Advising a general contractor constructing the Warsaw West-Warsaw Okęcie railway line (rail connection to the Okęcie airport); contracting authority: PKP Polskie Linie Kolejowe S.A., project value: over PLN 230 million;
• Advising a general contractor constructing a section of railway line 213 (Reda-Hel); project value: over PLN 114 million;
• Representing a railway vehicle manufacturer in arbitration proceedings before the Polish Chamber of Commerce; value in dispute: over PLN 104 million;
• Advising a general contractor modernising and revitalising a section of railway line 201; contracting authority: PKP Polskie Linie Kolejowe S.A., project value: over PLN 100 million.

Energy Infrastructure:

• Advising an investor in connection with the EPC performance of an investment project involving the construction of a power plant with a 600 MWe gas-steam unit; project value: over PLN 1.6 billion;
• Advising an investor on the execution of production facilities (polypropylene, propylene glycol) and on investment projects of Grupa Azoty; project values: PLN 1.6–6.5 billion;
• Advising a general contractor modernising a boiler furnace system in units 7–12 in the PGE Bełchatów Power Plant; contracting entity: PGE GiEK; project value: over PLN 1.9 billion;
• Advising a leader of a construction of general contractors extending a LNG terminal; contracting entity: Gaz-System;
• Advising a consortium of Polish and foreign companies on the EPC modernisation of units 4–6 in the Turów Power Plant; contracting entity: PGE GiEK; project value: over PLN 625 million;
• Advising a general contractor constructing a Baltic Pipe section; contracting entity: Gaz-System, project value: approx. PLN 550 million;
• Advising a general contractor in connection with amending an EPC agreement – new 1,075 MW supercritical unit in the Kozienice Power Plant; project value approx. PLN 5.1 billion.

Industrial facilities / Large-scale construction projects:

• Advising general contractors constructing the National Stadium in Warsaw; contracting authority: State Treasury – Ministry of Sports and Tourism and the National Sports Centre (SPV); project value: over PLN 1.5 billion;
• Advising a private investor (European manufacturer from the metal and road maintenance sector) throughout the entire process of preparing and constructing the largest hot-dip galvanising plant in Central and Eastern Europe, located in Inowrocław;
• Advising a private investor (global manufacturer from the automotive industry) in connection with the expansion of production plants in Tychy and Kędzierzyn-Koźle;
• Advising a private investor (European group from the medical device manufacturing sector) on the expansion and modernisation of its production plant;
• Advising a private investor (manufacturer of hygiene products) on the expansion of a production plant in Klucze;
• Advising general contractors constructing the stadium in Gdańsk (Arena Gdańsk); contracting authority: City of Gdańsk and BIEG 2012 Sp. z o.o.; project value: over PLN 780 million;
• Advising a leading general contractor in connection with the development of one of the largest passenger terminals in Poland; contract value: approximately PLN 370 million;
• Advising a private investor (foreign manufacturer of medical devices) in connection with the expansion of its production plant in Kłobuck;
• Advising American operators of data centres in connection with projects in Poland;
• Advising a leading group in Europe and Asia on the expansion of a tobacco drying plant with an innovative production line;
• Contract counselling for a Polish company implementing an investment project (an exhibition pavilion) in Italy, as well as representing the company in a number of litigations.

Water infrastructure:

• Advising general contractors modernising the Nysa water reservoir with regard to flood safety in litigation with a public contracting authority;
• Advising a general contractor constructing a yacht marina in Szczecin in litigation with a public contracting authority;
• Advising a general contractor executing the programme and spatial concept and comprehensive technical documentation for the restoration of the Kożuszna Canal river;
• Advising a general contractor modernising and improving the Flood Canal and the Old Oder River in litigation with a public contracting authority;
• Advising a general contractor modernising the Świnoujście-Szczecin waterway (the Piast Canal and Mielin Canal) in litigation with a public contracting authority.