The Court of Appeals in Rzeszow dismissed, for the most part, the appeal against the judgment of the Regional Court in Rzeszow, dismissing the claim for payment against the Law Firm’s Client – the investor. In the case in question, the investor charged the contractor with contractual penalties for delay in the execution of the contracts, and then filed a statement of deduction of the receivables under the contractual penalties from the contractor’s receivables under the invoices issued. The litigation strategy chosen by the Law Firm’s lawyers and the plea of deduction raised proved successful. This is because in the course of the proceedings it was proven that the reason for the failure to meet the contractual deadlines was on the contractor’s side, and there was never any change in the deadlines for the execution of the disputed contracts, which, in the totality of the facts of the case, was pointed out by the courts of both instances.
The above judgment is final.