Construction work is delayed without delay

It has not been known since then that the construction industry is one of the sectors which is most exposed to the risk of exceeding the deadline for completion of the planned works. It is not surprising, therefore, that investors who outsource construction work try to protect themselves against such problems. One of the solutions used is to include in the contract provisions concerning financial penalties for failure to meet the agreed deadline. However, the investor should remember to use the correct name: delaying the work is not the same as delaying it.
Delay due to slowness of the contractor
– The contractor shall be deemed liable for failure to comply with the time limit laid down in the contract and, consequently, the customer shall not be required to prove that the contractor is at fault because he is presumed to be so. In order to avoid liability, the contractor must demonstrate that its actions did not contribute to the failure to meet the deadline and indicate the circumstances that led to it,” says Jacek KosiĹ„ski from Jacek KosiĹ„ski’s law firm.
Click to enlarge the picture natali_mis – On the construction site this delay does not delay the Investor when constructing the contract with the contractor must remember about differences in terminology of the delay and the delay.
Delay due to bad weather conditions
– The Contractor may accept liability for non-performance or undue performance due to circumstances for which it is not responsible under the Act. However, it is necessary in this case to clarify the circumstances for which it will assume this responsibility. The best solution for the investor is to include in the contract a provision which reserves the responsibility for delays to the contractor for whatever reason. This is stated in the judgment of the Court of Appeals in Katowice of 28 September 2010, issued in the case no. V ACa 267/2010 – “the plaintiff may not claim that the delay in performance of the subject of the agreement arose as a result of circumstances for which the contractor is not responsible, since the claim for payment of the contractual penalty arises in this case on the sole fact of the delay, regardless of the reason” – adds Jacek KosiĹ„ski.
If the construction work is slowed down by the contractor and exceeds the agreed deadline, then one of the parties is responsible for the delay, i.e. the delay. Art. 471 of the Polish Civil Code states that the debtor (in this case the contractor) is obliged to compensate for damage resulting from non-performance or improper performance of the obligation, unless the non-performance or improper performance is the result of circumstances for which he is not responsible.However, in the event of delay, the contractor cannot be required to pay contractual penalties for failure to meet the deadline for completion of construction works, if the reason was independent of him. Such causes include atmospheric factors such as low temperatures, rain or snowfall. However, in a contract with a contractor, liability may be extended to cover delays, i.e. events that were attributable to the delay but were not due to the contractor’s negligence. This is provided for in Article 473 of the Civil Code. Moreover, it follows from Article 474 that the contractor is also liable for the acts and omissions of the persons who perform the obligation in question, as well as of the persons to whom it is entrusted. This provision shall also apply if the obligation is performed by the debtor’s legal representative. when constructing an agreement with a contractor, the investor must bear in mind differences in the terminology of the delay and delay. It can effectively safeguard its interests in both cases, but it is necessary to formulate the agreement accordingly.

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