As of March 1, new rules governing the resolution of disputes in the construction sector have come into force. The amendment to the Polish Code of Civil Procedure introduces mechanisms aimed at encouraging parties to pursue mediation before court proceedings begin. The new regulations may affect the way disputes are handled between participants in the construction process — from contractors and subcontractors to investors.
Ignoring the possibility of mediation may prove to be the most expensive mistake – says adv. Paweł Zimiński, Managing Partner at RK Legal and Director of the Real Estate and Investments Department.
What does the amendment change?
The changes primarily concern the approach to mediation in construction disputes. The new regulations provide, among others, for:
- the possibility of treating a lack of response as consent to mediation,
- the risk of being charged with litigation costs even by the winning party,
- increased importance of pre-litigation actions,
- a greater role of documentation in debt recovery and dispute management.
The amendment is intended to encourage parties to attempt amicable dispute resolution earlier and reduce the number of long-lasting court proceedings.
The full interview with attorney-at-law Paweł Zimiński is available in Executive Magazine:
https://executivemagazine.pl/prawo/czy-to-koniec-wieloletnich-sporow-budowlanych/
