In its judgment issued in June 2023, the Regional Court in Katowice dismissed almost the entire claim filed against our client (a contractor). The case involved the construction of a city stadium in southern Poland where FIFA U20 World Cup matches, among other games, took place.
By more than 99.3% (from over PLN 13,300,000 to just PLN 90,000), the Regional Court reduced the contractual penalty claimed by an employer against our client for a delay in remedying faults during the warranty/guarantee term.
JDP’s argumentation convinced the court to reduce the contractual penalty on two legal grounds set forth in Article 484 § 2 of the Civil Code. However, the extent of the reduction was determined primarily by the fact that the damage suffered by the employer was very limited and the employer itself contributed to the delay.
The judgment also addressed the issue of a contractor’s obligation to inform an employer of design documentation defects in accordance with Article 651 of the Civil Code. In particular, the Regional Court confirmed that where design documentation is provided by an employer, a contractor is not required to examine it in detail.
Importantly, the judgment was handed down after only one hearing and without the need to examine witnesses.