With a judgement of 6 November 2017 the Court of Appeal in Warsaw adjudged a seven-digit amount to PORR – contractor of road and bridge construction works, represented by JARA DRAPAŁA & PARTNERS (JD&P), from the State Treasury – General Directorate for National Roads and Highways (GDDKiA). The said amount was awarded on account of increase of the remuneration due to unforeseeable increase in asphalt prices in the years 2009–2012 (before EURO 2012) and compensation of the related loss under the performed contract.
The outcome of the several years’ proceedings was the success of JD&P law firm. This is the first final judgement in Poland where the contractor proved that a change in asphalt prices in the years 2009–2012 constituted extraordinary and unforeseeable change of circumstances according to Article 3571 of the Polish Civil Code, as well as that the loss suffered by the contractor fulfilled the premise of “glaring loss”.
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