Once again, the construction market in Poland is facing a shock caused by an extraordinary event. This time, it is the escalation in the Strait of Hormuz \u2013 within just a few days, oil prices are rising sharply again, followed by the prices of construction materials in Poland. The increases are affecting, in particular, asphalt, aggregates, steel, polystyrene, as well as transport. CEOs of the largest groups are openly speaking about declining turnover, claims against contracting authorities, and the need to participate in tenders with prices at the edge of profitability (WNP, 6 May 2026).<\/p>\n\n
Over the last six years, we have already experienced two events that could be classified as extraordinary and unforeseeable, while also affecting the Polish economy: the Covid pandemic and the war in Ukraine. Only in relation to one of these events \u2013 in August 2022 \u2013 did the General Counsel to the Republic of Poland issue recommendations concerning the adjustment of remuneration under construction contracts.<\/p>\n\n
The result \u2013 dozens of amendments to ongoing contracts and increases in contractual caps limiting remuneration adjustment.<\/p>\n\n
As regards the Covid pandemic and its consequences, neither the General Counsel nor any other state authority has so far taken a position, leaving it to the courts to answer the question:<\/p>\n\n
Was it an \u201cextraordinary change in circumstances\u201d within the meaning of Article 357\u00b9 of the Civil Code?<\/p>\n\n
Based on many years of advising clients from the construction market, and observing changes in the prices of materials and services in this sector, one conclusion seems inevitable: the effects of the pandemic and of the war in Ukraine were, to a large extent, comparable. The scale of price increases, as well as the accompanying decline in contract profitability, were \u2013 if not identical \u2013 at least very similar.<\/p>\n\n
Covid-related price adjustment cases are pending before the courts. There are essentially no price adjustment cases relating to the war in Ukraine. The difference? The recommendations of the General Counsel.<\/p>\n\n
The General Counsel expressly recognised the war in Ukraine as a circumstance justifying remuneration adjustment under Article 455(1)(4) of the Public Procurement Law and Article 357\u00b9 of the Civil Code. The mechanism today is analogous: an armed conflict, sudden and unforeseeable fluctuations in commodity prices, and disruption of supply chains. From the perspective of the legal prerequisites, the difference is minor. The position of the General Counsel is not a source of law, but in practice it gives contracting authorities decision-making comfort and often serves as a \u201croadmap\u201d for courts.<\/p>\n\n
Without analogous recommendations, contractors will have to:<\/p>\n\n
Each subsequent \u201cwave\u201d of price increases caused by such sudden events requires separate and reliable evidence. Without a clear position from the General Counsel, success in court is possible, but more difficult.<\/p>\n\n
The conclusion?<\/p>\n\n
while public contracting authorities should consider proactive price adjustment \u2013 because, as the General Counsel reminds us, refusing such adjustment does not necessarily mean acting \u201ceconomically\u201d.<\/p>\n\n
Is there any other \u201clegal logic\u201d supporting the view that the war in Ukraine may be recognised as a basis for price adjustment, while the war in Iran \u2014 or the Covid pandemic \u2014 may not?<\/p>\n","protected":false},"excerpt":{"rendered":"
Once again, the construction market in Poland is facing a shock caused by an extraordinary event. This time, it is the escalation in the Strait of Hormuz \u2013 within just a few days, oil prices are rising sharply again, followed by the prices of construction materials in Poland. The increases are affecting, in particular, asphalt, […]<\/p>\n","protected":false},"author":23,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-3847","post","type-post","status-publish","format-standard","hentry","category-bez-kategorii"],"acf":[],"yoast_head":"\n