Construction law

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Construction law firm Warsaw

Construction law is central to businesses involved in any construction project. Assistance from a law firm in construction law matters is very much needed at all stages of a construction project – from planning and obtaining permits to the implementation and day-to-day use of the buildings. Construction law in Poland is mainly based on the Act of 7 July 1994, but in particular cases it is necessary to be familiar with other legal acts, e.g. in the field of environmental protection or historic preservation. The provisions of the construction law set out the rules for planning, obtaining construction permits, designing, building, construction supervision, maintenance and demolition of buildings, etc. The formalities involved in construction projects can be complicated and lengthy.

Law firm – construction law

Our lawyers specialising in construction law are here to help ensure that the investment process runs smoothly. We prepare and give opinions on contracts related to the construction sector, including, in particular, design work contracts, construction work contracts, author supervision contracts, investor supervision contracts, and subcontractor contracts. We support clients during contract negotiations, the organisation of invitations to tender and tenders for the selection of a general contractor for the construction process. At JWP Law Firm, you can count on full legal services in the field of construction law at every stage of the investment process.

We offer counselling services related to the conclusion and execution of construction contracts. On our side, we provide support from architects and opinions from experienced surveyors. We represent contractors and investors in administrative proceedings, in particular in proceedings to obtain construction permits and permissions and other administrative decisions.
We advise contractors and investors on claims relating to contract performance and claims under guarantees and warranties. We offer full legal services in disputes concerning the implementation of construction contracts, as well as in administrative and administrative court proceedings. We conduct proceedings before the ordinary courts of all instances, including disputes concerning payment for construction works or ancillary works.

We provide legal services to property investors and developers – we prepare contracts for design work and for author’s supervision, for surveying services, for general contractor’s work, developer’s contracts, as well as real estate sale and preliminary contracts and lease agreements. We arrange for the notarial services of a notary office that cooperates with us. We represent clients before public administration authorities and administrative courts in cases to obtain or appeal against environmental decisions, decisions on land development conditions, construction permits, etc.

We conduct mediation proceedings as well as before ordinary courts and arbitration courts. Collaborating with architects, we also offer comprehensive assistance in construction work carried out in historic buildings – we provide legal services for projects in this type of buildings. We conduct proceedings to obtain the relevant permits and permissions from the preservation officer and represent clients in administrative and administrative court proceedings.

We ensure specialists and experts in the following areas: fire regulations, historic preservation, supervision, commissioning and construction management, archaeology, as well as surveyors and property appraisers.

As regards construction and historic preservation law, our services include:

  • counselling to and representing investors and contractors throughout the investment process including drafting, giving opinions on and negotiating construction contracts, build-operate-transfer contracts and other contracts and documents related to the construction process,
  • representing clients in administrative and administrative court proceedings of all instances, in particular those related to obtaining the administrative permits necessary to conduct and implement investment plans, including building permits, decisions on land development conditions, environmental decisions,
  • preparing pre-implementation analyses and full project documentation,
  • counselling in obtaining finances for a construction investment,
  • preparing specialist opinions on the evaluation of historic buildings and the subject-matter and scope of their preservation (architecture, archaeology)
  • preparing historic preservation analyses, surveys and documentation of historic buildings (immovable monuments),
  • preparing opinions on the feasibility and possible methods of implementing design work on historic buildings, preservation work programmes,
  • analysing properties falling under protection of a historic preservation officer with a view to any investment (alterations, extensions, change of use),
  • drafting proposals for preservation guidelines following historic preservation analyses together with design concepts, assisting in obtaining preservation guidelines and conducting consultations and permits for historic buildings,
  • preparing architectural and construction designs for historic buildings together with a programme for preservation work,
  • representation and assistance to investors in administrative proceedings concerning historic buildings,
  • analysing the validity of entry to or deletion from the register of historic monuments, conducting appeal proceedings for historic buildings,

Dorota Rzążewska

legal advisor | managing partner