PIOTR STENKO

Legal adviser, Senior Associate

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Legal adviser with the Litigation and Arbitration Team and the Infrastructure Team. Specialises in litigating cases connected with infrastructure investments (road building, including cases based on FIDIC standards) and advice on insolvency. Provides advice to general contractors at the implementation stage and in disputes associated with important infrastructure investments. His practice also includes advice in the area of insolvency — he acts as a representative of creditors in bankruptcy proceedings, e.g. in connection with the financing granted. He also represents creditors and receivers in court proceedings associated with debtors’ insolvency (concerning, among other things, concealment of assets).

Author of academic publications on civil procedure and insolvency law.

  • Advising a general contractor, a leading construction company, in a multi-million dispute concerning, among other things, claims for damages in connection with the construction of one of the major highways [FIDIC Red Book];
  • Representing a general contractor, a leading construction company, in a multi-million dispute concerning the Investor’s claims against consortium members for repairs under statutory warranty in connection with the construction of one of the major highways [FIDIC Yellow Book];
  • Advising a contractor in a dispute concerning the investor’s abuse of the right to claim payment under a performance bond in connection with the construction of a major Polish motorway [FIDIC Red Book];
  • Representing a general contractor, a leading construction company, in a dispute with the State Treasury concerning contractual penalties in connection with the reconstruction of a national road;
  • Advising a general contractor for a provincial road in a dispute with the investor concerning the settlement of the contract (including general costs of construction), enforcement of contractual penalties and claims for damages in connection with the lack of access to the site and a defective design;
  • Representing a number of creditors (including creditors with property collateral) in proceedings concerning concealment of assets (actio Pauliana);
  • Representing and advising creditors with property collateral in bankruptcy proceedings concerning funding provided to a consortium, in particular as regards the enforceability of collateral;
  • Advising companies from the forestry sector in a series of proceedings concerning the bankruptcy of Polish business partners as regards recovery of unsecured receivables;
  • Representing and advising foreign receivers in court proceedings and enforcement proceedings in Poland;
  • Providing bankruptcy and pre-bankruptcy advice to a major manufacturer of cryogenic products (e.g. liquid fuel tanks, etc.) in bankruptcy proceedings of a Polish client as regards the recovery of both secured and unsecured receivables;
  • Advising a general contractor in bankruptcy proceedings of one of the key Polish construction groups, including claims for contractual penalties relating to non-performance of the agreement by a subcontractor and due compensation;
  • Since 2016 – JARA DRAPAŁA & PARTNERS
  • 2014–2016 – Dentons
  • 2010–2014 – Noerr
  • 2003–2009 — Faculty of Law and Administration at the University of Warsaw;
  • Polish
  • English
  • German