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Dispute resolution

We are known for our unique methods in successful prevention and settlement of disputes before they escalate to formal legal proceedings.

We advise Clients on ways to avoid and resolve disputes effectively at the outset. In cases where formal action becomes necessary, we represent Clients in litigations, arbitrations, expert determinations and other forms of ADR. We work closely with Clients and experts to navigate the case to the best possible outcome.

Our approach encompasses a meticulous evaluation of the facts and associated evidence, thorough risk assessment, and preliminary analyses of the likelihood of successful outcomes.

We carefully craft a litigation or arbitration strategy through collaborative deliberation and review of applicable law. We offer support at every stage of a dispute but remain vigilant for early dispute resolution opportunities that may align with the evolving dynamics of the case. We protect our clients’ interests and foster solutions that promote long-term relationships and strategic advantages in their fields.

We provide:

  • assessment of the facts of the case and the available case documents,
  • identification of risks and preliminary assessment of the prospects of success,
  • development of a litigation strategy for the case, including end-to-end collaboration to select the best course of action,
  • review of the current practice and the relevant case law,
  • support and representation at every stage of the dispute,
  • alert to the possibility or need for early dispute resolution as appropriate to the dynamics and progress of the dispute at hand,
  • support in closing the dispute while enforcing performances or obligations on your behalf.

REPRESENTATIVE MATTERS

Construction arbitration concerning price adjustments

Representing the general contractor in two related arbitration proceedings before the Lewiatan Court of Arbitration in Warsaw, the subject matter of which are a valuation of remuneration and claims under performance bonds.

Complex dispute with amicable settlement

Representation of the general contractor in two related disputes with the subcontractor concerning the settlement of the final payment, contractual penalties, costs of substitute performance and remuneration for additional works. Services also included participation in negotiations and mediation proceedings, which resulted in the amicable conclusion of one of the cases.

Dispute related to major road projects

Representation of the general contractor in disputes concerning the implementation road investments carried out throughout Poland. Representation in proceedings as plaintiff and defendant with investors, general contractors and subcontractors. Disputes concern claims for additional work, final settlement and contractual penalties.

Dispute concerning technical facility

Representing general contractors (consortium of companies) in a dispute with the designer concerning the performance of works related to the construction of complex technical facilities under the design and build formula. The subject matter related to defects of the facility and related costs of substitute performance.

Dispute concerning construction defects

Representation of the general contractor in complex, multi-layered and parallel disputes concerning the same investment, the subject of which is payment of remuneration for construction works performed, payment of contractual penalties and payment of compensation for defects in construction works.

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