Polish Courts to Mandate Mediation in Construction Disputes. Non-Compliance Could Be Costly

Polish courts will be required to direct parties to mediation in construction disputes starting in March, with non-compliance potentially leading to significant costs.

New Legal Requirement

Effective from March, a new provision in the Civil Procedure Code (Article 458[3a]) will require courts to direct parties to mediation in cases involving construction contracts and disputes closely tied to the investment process.

Scope of Application

This applies to typical conflicts between investors, contractors, and subcontractors regarding payments, stage settlements, delays, work defects, or contractual penalties.

Significance of the Change

This represents not merely a technical correction of procedure but a fundamental shift in approach to dispute resolution in construction matters.

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