Our client, a large company involved in road design, conducted two disputes with the public procurers.
The first dispute concerned a court claim for payments of over PLN 4 million for additional design works. The complicated nature of the dispute, the need to issue an opinion by experts of as many as 3 specialties and the testimony of many witnesses would generate a great commitment in a long-term lawsuit.
The second dispute concerned the contracting authoritie’s claim against our client, worth about PLN 0.5 million. This claim was a consequence of the contractor’s demand for payment for completed additional work, which, in the opinion of this contractor, did not result from the project, but was necessary for the execution of the road investment. Thanks to the actions and legal and technical arguments of DSK Law Firm, the court clearly indicated in the justification of the judgment that our client was not at fault for the additional work (despite the court’s judgment recognizing the contractor’s claim). However, the purchaser decided to pursue the amount of this claim from our client.
DSK Law Firm proposed to prepare and implement a plan to end both disputes. It assumed a way to reach an agreement, which was much faster and alternative to trial. As a consequence, the efficient negotiations conducted by our lawyers led within a short time to a court settlement that was beneficial to the client. The court settlement covered both disputes which were formally conducted by 2 different Courts. The conclusion of a settlement with public procurers allowed the client to obtain quick payment and avoid involving its staff in court proceedings.
Our experience confirms that public procurers have many concerns when concluding settlements (including court settlements) in public procurement cases. However, such solutions bring benefits to both parties. The team of DSK Law Firm is always focused on the implementation of the client’s business goals and will adapt its activities accordingly.
At the same time, we demonstrate an understanding of the legal situation of public procurers and effectively lead to an amicable resolution of disputes, even those with procedural complexity.