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 the general contractor for the Zakopianka section with the longest tunnel in Poland (section of the S-7 expressway), contracting authority: General Directorate for National Roads and Motorways (GDDKiA); project value: PLN 1 billion;
• Advising the general contractor for the S-5 (Wrocław-Poznań) expressway section; contracting authority: GDDKiA, project value: over PLN 1 billion;
• Advising the general contractor for the extension of the S-8 expressway (Mężenin-Jeżewo section); contracting authority: GDDKiA; project value: over PLN 440 million;
• Advising the general contractor for the extension of the S-8 expressway (Wiśniewo-Mężenin section); contracting authority: GDDKiA; project value: over PLN 434 million;
• Advising the general contractor for the S-6 (Nowogard-Płoty) expressway section; contracting authority: GDDKiA, project value: almost PLN 400 million;
• Advising the general contractor for the S-51 (Olsztyn-Olsztynek) expressway section; contracting authority: GDDKiA; project value: over PLN 321 million.

Railway infrastructure:

• Advising the general contractor for the GSM-R system; contracting authority: PKP Polskie Linie Kolejowe S.A., project value: approximately PLN 2.8 billion;
• Advising the general contractor for Łódzki Tunel Średnicowy (cross-city tunnel in Łódź); contracting authority: PKP Polskie Linie Kolejowe S.A.; project value: over PLN 1.6 billion;
• Advising the general contractor for the modernisation of railway line sections No. 61 and No. 700 (Częstochowa-Fosowskie); contracting authority: PKP Polskie Linie Kolejowe S.A., project value: over PLN 270 million;
• Advising the general contractor for the construction of the Warsaw West-Warsaw Okęcie railway line (rail connection for Okęcie airport); contracting authority: PKP Polskie Linie Kolejowe S.A., project value: over PLN 230 million;
• Advising the general contractor for the modernisation and revitalisation of railway line section No. 201; contracting authority: PKP Polskie Linie Kolejowe S.A., project value: over PLN 100 million.

Energy Infrastructure:

• Advising the investor in connection with the EPC performance of the investment project involving the construction of a power plant with a 600 MWe gas-steam unit; project value: over PLN 1.6 billion;
• Advising the general contractor for the modernisation of a boiler furnace system in units 7–12 in PGE Bełchatów Power Plant; contracting authority: PGE GIEK; project value: over EUR 475 million (over PLN 1.9 billion);
• Advising a consortium of Polish and foreign companies on the EPC modernisation of units 4–6 in Turów Power Plant; contracting authority: PGE GiEK; project value: over PLN 625 million.

Industrial facilities / Large-scale infrastructure:

• Advising general contractors for 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 general contractors for the PGE Arena stadium in Gdańsk; contracting authority: City of Gdańsk and BIEG 2012 Sp. z o.o., project value: over PLN 780 million;
• Contract counselling, also during the guarantee and warranty period, for the leading general contractor listed on the Italian stock exchange in connection with the development of one of the largest passenger terminals in Poland (contract value: approximately PLN 370 million);
• Advising the general contractor for the municipal police station in Łódź;
• Advising the general contractor for the municipal police station in Piotrków Trybunalski;
• Contract counselling for a Polish company implementing an investment (an exhibition pavilion) in Italy, as well as representing the company in a number of litigations.

Water infrastructure:

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