Attorney-at-law in the Litigation and Arbitration Team and the Infrastructure Team. She advises clients on construction projects (railway, roads, power engineering, buildings, including industrial and public facilities). She represents clients (mainly general contractors and designers) in complex disputes, including disputes relating to contracts based on FIDIC standards; Ludwina supports clients in particular regarding indirect costs incurred in the extended time for completion, contractual penalties, payment for additional works and (contractual and statutory) indexation of contractual remuneration. She provides strategic and day-to-day legal advice on the performance of construction projects across all the sectors mentioned above, at all stages, including during the guarantee period. Ludwina also supports her clients in preparing contract-related correspondence, drafting and negotiating contract documents and settling construction works (also after contract withdrawal). She represents clients in cases heard by international and Polish arbitration courts (proceedings conducted under regulations of ICC, SCC, SAKiG). Author of publications in the field of arbitration; co-author of the Commentary to the Rules of the Lewiatan Court of Arbitration.
Selected projects
- legal advice to a consortium of a general contractor on the construction of a railway station, including representation of the client in several multi-million-claim disputes and in mediation proceedings regarding claims against a contracting authority relating to the extension of the time for completion and claims regarding additional works;
- representation of a consortium of a general contractor in multi-million-claim disputes, including proceedings for an injunctive relief, associated with performance of a large-scale facility and regarding contractor’s claims relating to the extension of the time for completion of works and to additional works, as well as claims of the contracting authority relating to contractual penalties and demands for payments under a guarantee;
- representation of a general designer and its subcontractors in multi-million-claim disputes involving many parties relating to the modernisation of a large-scale facility and counter-claims for damages of a general contractor and a contracting authority;
- representation of a general contractor in a multi-million-claim dispute relating to the modernisation of a railway line and claims against a contracting authority relating to the extension of the time for completion and a claim for payment of remuneration;
- representation of a designer in a dispute relating to a project involving a large-scale facility and claims of a contracting authority for allegedly improper contract performance (a statement of claim filed by a contracting authority was dismissed by the Regional Court as the Court accepted the defence of lack of jurisdiction, an appeal filed by a contracting authority was dismissed by the Court of Appeal, a cassation appeal filed by a contracting authority was not accepted to be heard by the Supreme Court);
- comprehensive legal advice to an investor, manufacturer of lubricants, on a project involving extension of a large-scale facility, including day-to-day advice on relationships with a general contractor and subcontractors, development of a pre-litigation strategy, and representation in court disputes regarding investor’s claim for payment of a contractual penalty and a recourse claim relating to direct payment to a subcontractor;
- comprehensive legal advice to a contractor on three contracts for construction of regional roads, with respect to relationships with a contracting authority and consortium members;
- representation of one of the largest construction companies in Poland in proceedings regarding an appeal against a judgment issued by the National Appeals Chamber regarding exclusion of the appellant’s bid from a tender procedure;
- representation of a Polish subsidiary of an international steel and mining corporation in arbitration proceedings conducted pursuant to the rules of the ICC with respect to a real estate transaction;
- representation of a Polish subsidiary of an international manufacturer and distributor of wire ropes in arbitration proceedings conducted pursuant to the rules of the ICC with respect to an M&A transaction;
- representation of an international manufacturer and distributor of premium beverages in arbitration proceedings conducted pursuant to the rules of the SCC with respect to an M&A transaction;
- representation of an investor in a construction dispute against a general contractor regarding liability for defects of a building under a quality guarantee;
- representation of a general contractor in a multi-million-claim dispute relating to the construction of an expressway section, regarding claims against a contracting authority for payment of unpaid part of a lump-sum remuneration, reimbursement for indirect costs incurred due to the extension of a time for contract completion, payment for additional works, and declaration of non‑existence of an investor’s claim for payment of a contractual penalty;
- representation of a general contractor in a multi-million-claim dispute relating to the construction of a bypass, regarding claims against a contracting authority for an increase of remuneration due to an extraordinary change in circumstances on the building production market manifested in an unpredictable increase in prices of materials, equipment, labour and subcontracting services, reimbursement for indirect costs incurred due to the extension of a Time for Completion, and payment for additional works;
- representation of a general contractor in a multi-million-claim dispute relating to the construction of an expressway section, regarding a claim against a contracting authority for an increase of remuneration due to an extraordinary change in circumstances on the building production market manifested in an unpredictable increase in prices of materials, equipment, labour and subcontracting services;
- representation of a general contractor in a multi-million-claim dispute relating to the construction of a building facility, regarding claims against a contracting authority for payment of unpaid part of a lump-sum remuneration, reimbursement for indirect costs incurred due to the extension of a time for contract completion, payment for additional works, and declaration of non‑existence of a contracting authority’s claim for payment of contractual penalties.
Professional experience
- since 2020 JDP DRAPAŁA & PARTNERS
- 2017–2019 CMS Cameron McKenna Nabarro Olswang
- 2015–2017 CMS Cameron McKenna
- 2012–2014 Wardyński i Wspólnicy
- 2010–2011 SALANS
Education
- 2010–2011 University of Warsaw in cooperation with Università degli Studi di Catania, School of Italian and European Law
- 2010 Università di Bologna and University of Pittsburgh School of Law, Summer School in International Commercial Contracts
- 2009–2010 York Law School, University of York, Master of Laws in International Commercial and Corporate Law (LL.M.)
- 2008–2010 Leslie Silver International Faculty, Leeds Beckett University, Diploma Language Studies (Dip)
- 2002–2008 University of Wrocław, Faculty of Law, Administration and Economics
