JDP Drapala & Partners has successfully represented a consortium consisting of Polimex Infrastruktura Sp. z o.o., Polimex Mostostal S.A., and Trakcja S.A. in an appeal procedure before the Regional Court in Warsaw.
According to JDP, “as a result of a judgment that dismissed the appeal, the consortium will construct a track section over six kilometers long within two new tram lines, more than ten tram stops and a viaduct – all this as part of a municipal project of great importance for Olsztyn."
The firm further informed that the tender procedure lasted more than a year. "During this procedure, the selection of the most advantageous bid was appealed twice, first before the National Appeals Chamber, and then the Regional Court, where the proceedings were decided in favor of the Polimex-Trakcja consortium twice.” According to JDP, “in the judgment that closed the tender procedure the Regional Court affirmed the entire judgment handed down by the National Appeal Chamber in which the chamber stressed that there are no grounds for excluding a contractor from a tender procedure in a situation where the contractor is involved in a court dispute with another contracting authority. The chamber found that the fact that there is a court dispute between a contractor and an investor is not a reason to conclusively state that grounds for terminating a contract for reasons attributable to a contractor arose, which is a condition that must be met to exclude a contractor from a tender procedure.”
JDP’s team included Counsel Wojciech Merkwa, Senior Associate Piotr Duma, and Associates Iwo Franaszczyk and Aleksandra Blukacz.