We provide comprehensive legal support for construction projects — from zoning decisions and construction contracts through to final settlement and post-completion disputes.
The construction process combines two legal frameworks governed by different principles: administrative law, where official decisions and statutory deadlines are decisive, and civil law, where contractual provisions determine the parties' rights and obligations. Problems usually arise where these two frameworks intersect.
Preparing Construction Projects
We provide legal advice at the stage when changes are still relatively inexpensive: examining the legal status of real estate, determining permitted land use under local zoning plans, obtaining zoning decisions, and addressing requirements arising from spatial planning reforms and the introduction of municipal general plans. We analyse easements, access to public roads, utility connection conditions, heritage conservation requirements and environmental restrictions. We support negotiations with municipalities, including urban development agreements and arrangements concerning infrastructure associated with construction projects.
Administrative Proceedings in the Construction Process
We represent investors in building permit proceedings, construction work notifications, substantial and non-substantial modifications, applications for exemptions from technical and construction regulations, and occupancy permit proceedings. We also handle contentious matters: appeals against administrative decisions, participation by neighbouring property owners challenging developments, and proceedings before Voivodeship Administrative Courts. We also represent owners of neighbouring properties whose legal interests are affected by planned developments.
Construction Supervision, Unauthorised Construction and Legalisation
We handle proceedings before construction supervision authorities concerning suspension of construction works, demolition orders, legalisation of unauthorised construction, use of buildings without the required authorisation and the technical condition of buildings. We assess the realistic prospects and costs of legalisation and advise on communicating with authorities without undermining the client's evidentiary position. We represent clients in proceedings concerning penalties for irregularities identified during inspections.
Construction Contracts
We draft and negotiate construction contracts — both those based on bespoke templates and those incorporating standard contractual conditions used in major infrastructure projects. We focus on provisions that determine the financial outcome of a project: payment and price adjustment mechanisms, procedures for variations and additional works, acceptance procedures, contractual penalties and liability caps, security arrangements, payment guarantees, liability for design documentation and ground conditions, and grounds for termination or withdrawal from the contract. We advise on subcontracting agreements and the rules governing investors' liability for subcontractors' remuneration.
Project Execution, Claims and Disputes
We support parties throughout project execution: submitting claims for extensions of time and additional remuneration, documenting the causes of delays, preparing records justifying additional works, and resolving disputes concerning the scope and quality of construction works. We conduct litigation involving payment claims, recovery of contractual penalties, statutory warranty and contractual guarantee claims, and damages. In public sector projects, we combine this expertise with public procurement law — because the limits on permissible contract modifications are determined not only by the contract itself but also by the Polish Public Procurement Law.
Construction Law – Permits, Supervision and Construction Disputes - Styczynski-Keller
