The Polish government is currently working on amendments
to the Civil Code, which are of some importance for the construction industry
and include changing the rule concerning investors' and contractors' joint
liability towards subcontractors. If this is approved by the Sejm, subcontractors
will have the right to demand payment of receivables, (for work entrusted
to them by general contractors), from the investor. Many however, think that
this amendment will change nothing.
All for one and one for all
Joint liability obliges investors to pay contractors' liabilities to
subcontractors, even if the investor has already paid enough in repayment
to the general contractor. In return, the investor has the right to closely
control any settlements between the general contractor and subcontractors.
Although introducing the rule of joint liability will be welcomed by subcontractors
most of all, it will affect all participants in the construction process:
from investors to subcon