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BSJP Successful for Contractor in Dispute Regarding Interpretation and Application of Public Procurement Law

BSJP Successful for Contractor in Dispute Regarding Interpretation and Application of Public Procurement Law

Poland
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BSJP has represented SPIE Elbud Gdansk S.A., the contractor in a dispute with Polskie Sieci Elektroenergetyczne S.A. in the Regional Court of Warsaw regarding the interpretation and application of Poland's Public Procurement Law Act.

According to BSJP, "the dispute between the ordering party and the contractor pertained to the terms of reference and contractual provisions drawn up by the ordering party, which forced the contractor to incur risks which the contractor had not been able to evaluate at the tender stage." According to the firm, on October 1, 2019, the Regional Court in Warsaw delivered its ruling and "confirmed the position of the National Appeals Chamber, expressly indicating that there is certain limit to the ordering party’s freedom of shaping the contractual relationship, and that the performance received by the contractor must be of an equivalent character."

According to BSJP, "this is an extremely important judgment. It confirms the cognisance of the National Appeals Chamber to examine the material contractual provisions from the perspective of the Polish Civil Code, to which the Public Procurement Law Act in many cases refers. Also, the judgement of the Regional Court clearly indicates that the ordering party’s freedom in shaping the contractual relationship has its limits, and that the performance received by the contractor must be equivalent.

The BSJP team representing SPIE Elbud Gdansk before both the National Appeals Chamber and the Regional Court included legal counsels Jaroslaw Sroka Grzegorz Wasiewski. Legal counsel Marta Drela was also involved on the appeal and response to the complaint.

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