The 7th edition of the Polish Infrastructure Congress, organized by the TOR Consultants Group and rynekinfrastruktury.pl is behind us. Once again, our law firm had the pleasure to be the Legal Partner of the event.
The debates on the new law on public procurement, and the part discussing the Polish transport infrastructure, were attended by Jarosław Sroka and Krzysztof Kowalczyk, partners at BSJP, who summarized the conclusions of the discussion panels as follows:
The construction of railway and road infrastructure in Poland is a complicated process, spread over many years. During the congress, we searched for ways to make it easier and simpler. Certainly, the new Public Procurement Act will help to achieve this goal, first of all by imposing on the ordering parties the obligation to shape contractual terms and conditions in such way that they will not be grossly disproportionate in respect of the distribution of risks, rights and obligations of the parties, which is considered among the participants to the market to be one of the main barriers when implementing public investments. Although investors and ordering parties (GDDKiA and PKP PLK) declare their willingness to cooperate in problem-solving, the reality still turns out to be different and disputes are the daily bread of investments.
Unfortunately, it was not possible to work out a solution to the problem of valuation of contracts concluded in the previous years. We agreed that the procedures for employing foreigners in the construction sector should be simplified so that it does not become a victim of a shortage of workers again. The number one thing is to stop thinking “what to do, so that I do not bear responsibility”, but instead “how to efficiently implement the investment together” so that it may actually serve a “public purpose”.