A guarantee of payment
Pułka & Partnerzy
28 February 2023

Issues related to a guarantee of payment are regulated in Articles Art.  6493-6494  of the Act of 23 April 1964 – the Civil Code.

  • The contractor (the general contractor) of the construction works may at any time demand from the investor a guarantee of payment to an extent of a potential claim on account of the remuneration resulting from the contract as well as on account of works which will be additional or necessary to perform the contract, and which were approved in writing by the investor.
  • If the contractor (the general contractor) does not receive the guarantee he has demanded within the time limit he has set, not shorter than 45 days, he shall be entitled to renounce the contract by the contractor’s fault with effect from the day of the renunciation.
  • Lack of the guarantee of payment which has been requested shall constitute an obstacle in completing construction works for reasons related to the investor.

The investor may not refuse the payment of the remuneration despite a failure to complete the construction works if the contractor (general contractor) has been ready to complete them but encountered an obstacle for reasons related to the investor. However, in such a case the investor may deduct what the contractor (the general contractor) has saved due to the failure to complete the construction works.


Real estate ownership transfer

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