In November 2020, a final and binding judgment of the Court of Appeal in Warsaw was passed, awarding BSJP’s client over PLN 2 million from the General Directorate for National Roads and Motorways (“GDDKiA”) as remuneration for design works on the S2 expressway – Warsaw’s Southern Ring Road.
The proceedings were pending since 2011. The case was heard twice before the Regional Court, three times before the Court of Appeal and one time before the Supreme Court. The GDDKiA’s defence consisted in setting the contractual penalties for allegedly late performance of the design works against the client’s remuneration. In the course of the proceedings, we showed that the contractual penalties were not due at all. As a precaution, we also raised a defence that the contractual penalties are time-barred. All the defences raised by BSJP were upheld by the Court of Appeal. The money has already been credited to the client’s account. What is important is that the amount awarded has been increased by more than PLN 1 million of interest for delay.
On BSJP’s behalf, the case was led by attorney-at-law Krzysztof Kowalczyk.