The Regional Court of Rzeszow, after reviewing the case, in a judgment dated May 25, 2017, dismissed in full the claim for payment of more than PLN 80,000.00, brought against the Client of the Law Firm. A construction contract was concluded between the parties, but due to performance of additional work, the plaintiff demanded payment from the defendant Company of the amount claimed in the suit. The plaintiff justified its claim by the necessity to perform works, not directly provided for in the contract, which in its opinion were necessary for the comprehensive implementation of the investor’s construction intention. The plaintiff’s performance of additional works entailed the risk of failing to meet the deadlines under the contractual provisions. Despite this, the plaintiff never asked the Law Firm’s Client to postpone them. No annexes covering additional works were drawn up between the disputing parties. In view of the above, the defendant Company charged and then deducted from the remuneration due to the plaintiff the contractual penalties reserved in case of untimely performance.
Taking into account the above facts, the Regional Court fully agreed with the position presented in the course of the proceedings by the Law Firm’s lawyers. In the justification, the ruling court pointed out that the plaintiff, being a professional business participant, should have taken into account the obligation to timely perform both the works resulting directly from the contract, as well as those additional works, the necessity for which arose in the course of the investment. The court also found that the plaintiff did not present any evidence to show that the untimely performance of the work was due to reasons not attributable to him. As a result, the Court came to conclusion that the defendant Company was fully justified in charging contractual penalties and deducting them.