Lease Contract - Lawyer in Poland

Concept.

By a construction works contract, the contractor commits to hand over the facility provided for in the contract performed in accordance with the design and technical know-how, and the investor commits to carry out the actions required by the relevant regulations to prepare the works, especially to hand over the construction site and to deliver the design and to accept the facility and pay the agreed remuneration.

Contract with subcontractor.

In the construction works contract referred to in Article 647 executed between the investor and the contractor (general contractor), the parties set forth the scope of the works which the contractor will perform personally or through subcontractors.The execution by the contractor of a construction works contract with a subcontractor requires the investor's consent. If, within 14 days of receiving from the contractor a contract with a subcontractor or a draft contract, together with part of the documentation concerning performance of the works set forth in the contract or in the draft, the investor does not submit objections or stipulations in writing, he is deemed to have consented to the execution of the contract.The execution of a contract by the subcontractor with a further subcontractor requires the consent of both the investor and the contractor. The provision of the second sentence of § 2 applies accordingly.The contracts referred to in § 2 and 3 should be executed in writing; otherwise they will be invalid. The person executing the contract with the subcontractor and the investor and the contractor bear joint and several liability for payment of remuneration for the construction works performed by the subcontractor.Any provisions of the contracts referred to in this article to the contrary are invalid.

Form.

A construction works contract should be stated in writing.The documentation required by the relevant regulations constitutes a component part of the contract.

Scope of works.

In case of doubt, it is deemed that the contractor has undertaken to perform all the works covered by the design constituting a component part of the contract.

Payment Guarantee.

A guarantee of payment for construction works, hereinafter referred to as the „payment guarantee”, is given by the investor to the contractor (general contractor) to secure timely payment of the agreed remuneration for performing the construction works.The payment guarantee is a bank or insurance guarantee or a bank letter of credit or bank suretyship given on the investor's instructions.§ 3. The parties bear in equal parts documented costs of securing receivables.

Investor's Ineffective Rescission of Contract.

The contractor's (general contractor's) right to demand a payment guarantee from the investor cannot, through a legal act, be exclude or limited. The investor's rescission of a contract due to the contractor's (general contractor's) demand to provide a payment guarantee is invalid.

Guarantee Amount.

A construction works contractor (general contractor) may at any time demand a payment guarantee from the investor up to the value of a potential claim for the remuneration arising from the contract and from additional works or works required to perform the contract, approved by the investor in writing.A payment guarantee given does not constitute an obstacle to a demand for a payment guarantee up to the total amount set out in §1.

Failure to Provide Guarantee Demanded, Consequences.

If a contractor (general contractor) does not receive the payment guarantee demanded in the period specified by the contractor (general contractor), not shorter than 45 days, he is entitled to rescind the contract due to a fault on the investor's part, effective as of the rescission date.Absence of the payment guarantee demanded constitutes an obstacle to performance of the construction works for reasons attributable to the investor.An investor cannot refuse to pay remuneration despite non-performance of the construction works if the contractor (general contractor) was ready to perform the works but encountered an obstacle due to reasons attributable to the investor. However, in such a case, the investor may deduct what the contractor (general contractor) saved by not performing the construction works.

Application of Provisions.

The provisions apply to contracts executed between a contractor (general contractor) and further contractors (subcontractors).Art. 650 (deleted)

Notification of obstacles.

If the documentation, the construction site, the machines or the equipment supplied by the investor are not suitable for proper performance of the works or if other circumstances occur which may hinder the proper performance of the works, the contractor should immediately notify the investor thereof.

Damage on the construction site.

If the contractor takes over the construction site from the investor based on an acceptance certificate, he is liable on general terms for any damage caused on the site until the facility is handed over.

Partial acceptance.

In the absence of a provision in the contract to the contrary, the investor is obliged to accept, at the contractor's demand, works performed partially, as completed, against payment of an appropriate part of the remuneration.

Risk of destruction of a facility.

If a facility is destroyed or damaged as a result of defective materials, machines or equipment supplied by the investor or as a result of work being performed in accordance with the investor's instructions, the contractor may demand the agreed remuneration or an appropriate part thereof if he had warned the investor of the risk of destruction of or damage to the facility beforehand or if, despite having used due care, he could not have determined that the materials, machines or equipment supplied by the investor were defective.

Reference.

The provisions on specific work contracts apply accordingly to the effects of any delay by the contractor in starting the works or completing the facility or performance of the works by the contractor in a defective way or contrary to the contract, to implied warranty for defects in the constructed facility, and to the investor's rights to rescind the contract before the facility is completed.§ 2. (deleted)

Rescission.

The right of the contractor or the investor to rescind the contract may be limited or excluded by specific regulations.

Appropriate application.

The provisions of this title apply accordingly to a contract to renovate a building or a structure