What the investor and contractor are responsible for

Do you carry out construction works as a subcontractor? See what your rights are. Today, we are talking about the responsibility of the investor and the general contractor with attorney Patryk Włodarczak.

Amendments to regulations

On June 1, 2017, an amendment to the Civil Code came into force, introducing changes to the current model of joint and several liability of the general contractor and the investor for the payment of remuneration to the subcontractor for the construction works performed by him. It should be clearly emphasized that this regulation is absolutely binding, so different, inconsistent with its content, provisions of the parties are invalid. Pursuant to the new wording of Art. 6471 § 1 of the Civil Code, the investor is jointly and severally liable with the contractor (general contractor) for the payment of remuneration due to the subcontractor for construction works performed by him, the subject of which was notified to the investor by the contractor or subcontractor prior to commencing the performance of these works. Importantly, the aforementioned joint and several liability will also apply to the subcontractor who concluded an agreement with a further subcontractor. In this case, the investor, the general contractor and the subcontractor will be jointly and severally liable for the payment of remuneration.

The scope of joint and several liability

As for the scope of joint and several liability of the investor and the general contractor, it includes the remuneration due to the subcontractor in the amount specified in the contract between the contractor and the subcontractor. On the other hand, if the amount of the subcontractor's remuneration exceeds the contractor's remuneration for construction works, the liability of the investor for the payment of the subcontractor will be limited to the amount of the general contractor's remuneration.

Disclaimers

A circumstance that excludes the investor's liability is the submission by the subcontractor and contractor of an objection to the performance by the subcontractor of the construction works specified in the notification. Such objection should be submitted within thirty days from the date of delivery of the notification to the investor. Importantly, both the application and the objection must be made in writing under pain of nullity. This means that both the notification and the objection made without the written form will be treated as non-existent and will not have any legal effects.

attorney Patryk Włodarczak

advocate Office

attorney Patryk Włodarczak

ul. Sarmacka 37

61-616 Poznań

tel: 605 584 423