Mariusz Nowakowski, MLE - Advocate, Senior Associate

MARIUSZ NOWAKOWSKI, MLE

Adwokat (Advocate)
Senior Associate

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Advocate in the Litigation and Arbitration Team, the Infrastructure Team. He specialises in legal advice on construction projects, including in particular road, railway, energy and industrial projects. He supports clients in the negotiation, performance and settlement of construction contracts in Poland and abroad, including contracts based on FIDIC standards (claim management). He represents clients in numerous proceedings regarding increase and payment of remuneration increased due to an unexpected change in circumstances of contract performance, including increase in production costs, on the basis of the rebus sic stantibus clause. He has extensive experience in handling disputes regarding payment of remuneration for additional or substitute works, pursuing or defending against contractual penalties for non-performance or improper performance of a contract, using or defending against use of a guarantee/security deposit, withdrawing or defending against withdrawal from a contract, contract settlement between consortium members. He also handles cases regarding, i.e. disputes over lease agreements, combating unfair competition, proceedings before market regulatory authorities as well as restructuring of companies.

  • Contract advice to and representation of leading contractors performing construction contracts with respect to increase of remuneration due to an unexpected change in circumstances, increase of performance costs on the construction production market, on the basis of the rebus sic stantibus clause, based on FIDIC standards
  • Legal advice to a Polish company carrying out a project in Italy as well as representation of this company in a number of court proceedings
  • Legal advice to a Polish company belonging to a German corporate group operating in the construction sector in court proceedings regarding the largest projects in large-scale construction (multiarena) in Poland
  • Legal advice to a Polish company specialising in construction of engineering objects in arbitration proceedings regarding performance of a road contract in southern Poland and in a number of court proceedings
  • Day-to-day legal advice to a Polish design company belonging to a German corporate group in a number of court and pre-litigation proceedings as well as on performance and settlement of civil-law contracts concluded by this entity, including legal advice on copyright disputes
  • Representation of companies from the largest Polish corporate group from the fuel-energy sector in court proceedings regarding settlements with contracting parties
  • Legal advice to an automotive service provider from Canada as well as representation of this entity in a number of court and enforcement proceedings
  • Legal advice to a Polish listed company searching for and exploiting natural gas and petroleum fields in a dispute regarding making gas boreholes in south-eastern Poland
  • Legal advice to a Polish listed company, distributor of IT hardware in court proceedings regarding performance of a contract concluded as a result of a tender procedure
  • Legal advice to a leading bank in proceedings before the Head of the Competition and Consumer Protection Office
  • 2012–2017, since 2018 JDP DRAPAŁA & PARTNERS
  • 2017–2018 Spaczyński, Szczepaniak i Wspólnicy
  • 2011–2012 individual law firm, Lublin
  • 2010–2013 Lublin/Warsaw Bar Council, advocate trainee
  • 2008–2009 Leibniz Universität Hannover, Faculty of Law
  • 2005–2010 Maria Curie-Skłodowska Uniwersytet in Lublin, Faculty of Law
  • Polish
  • English