The conditions for the occurrence of joint and several liability of the contractor and the investor for payment of the subcontractor’s remuneration

In a judgment dated March 4, 2016, ref: I CSK 149/15, the Supreme Court took the position that tolerating the presence of subcontractors on the construction site or accepting the work performed by them presupposes an implied consent of the investor to be jointly and severally liable with the contractor for payment of the subcontractor’s remuneration. In the grounds for the judgment in question, the Supreme Court noted that the investor’s consent to the approval of a subcontractor may be expressed either expressly or conclusively, i.e. by any behavior that reveals it sufficiently (Article 60 of the Civil Code), and that the investor’s toleration of the presence of subcontractors on the construction site may be considered as such behavior.