Effective advisory to Bogl a Krysl during road construction in Poland

Experts from DZP's Infrastructure and Energy Practice and Litigation Practice have advised the Czech company Bogl a Krysl, k.s., which has created numerous consortia with Polish partners, on the performance of key prestigious road projects in Poland, including sections of the A2 motorway.

Our advice covered an examination of claims filed in the past under FIDIC contracts, including an analysis of the stance taken by the contract engineer regarding the claims and day-to-day contract advice in the context of a potential court dispute with the investor, the General Directorate of National Roads and Motorways (GDNRM). We also advised the client in a court dispute with the GDNRM where we, inter alia, obtained injunctive relief for the client against GDNRM concerning the exercise of rights under bank guarantees for the amount of PLN 120 million.

We also carried out an analysis of claims against DSS,  a former consortium member currently in bankruptcy by arrangement. This part of our advisory covered claims in respect of mutual settlements between consortium members (and especially in light of DSS' bankruptcy trustee rescinding the contract), payments made to subcontractors and financial support given to DSS, and claims filed against DSS in the arrangement proceedings.

The project was handled by Infrastructure and Energy Practice lawyers Tomasz Darowski and Małgorzata Wężyk led by Marcin Krakowiak, and by Paweł Paradowski and Maciej Orkusz in the Litigation Practice headed by Paweł Lewandowski.