Claiming an increase in the contractual remuneration by the contractor

News / 01.08.2022

The law firm’s attorneys provided comprehensive legal assistance to the Client – an entrepreneur from the construction industry – in the area of drafting claims for increased remuneration resulting from construction contracts implemented under public procurement, including contracts for investment tasks implemented under the “design and build” formula based on FIDIC contract terms.

The legal support provided by the firm’s lawyers concerned financial claims related to four contracts implemented by the firm’s Client – three in Warsaw and one in Rzeszow. The contractual value of remuneration for each of the contracts is approximately PLN 100,000,000.00, while the total amount of financial claims submitted by the law firm’s Client amounted to approximately PLN 32,000,000.00.

As part of the implemented project, the firm’s lawyers provided legal assistance including conducting a legal analysis in the context of the possibility of pursuing claims based on contractual provisions, including FIDIC conditions, as well as based on the provisions of the Public Procurement Law and the provisions of the Civil Code; support in determining the methodology and calculation of the value of financial claims related to the increase in prices and other costs for individual contracts; support in the collection and analysis of materials confirming the occurred increase in prices and costs (in particular, due to the change in relations occurring as a result of, among other things, the war in Ukraine, the COVID-19 epidemic, inflation) and drafting claims against the Ordering Party.

Lawyers of the firm also provide legal assistance in discussions and negotiations with Ordering Parties.