The risks from liability incurred in the implementation of construction contracts can pose a serious problem to the parties concerned. A step-by-step guide on how to draw up agreements to minimize the problem Under Polish law, the parties to a construction contract – let’s call them the employer (although in Poland this is a little misleadingly referred to as the ‘investor’) and the contractor – are jointly and severally liable for paying for work carried out by subcontractors, including further subcontractors. It is possible that the employer may be obliged to pay twice for the same construction work, firstly to the contractor, and, if the contractor fails to pay the subcontractors, also directly to the subcontractors. The statutory concept in Polish law whereby an employer who is not a party to contracts with subcontractors, is still d