Odpowiedzialność solidarna inwestora i wykonawcy wobec podwykonawcy
Joint liability of the investor and the contractor to the subcontractor

Summary/Abstract: On 1 June 2017, the Act of 7 April 2017 amending certain laws to facilitate the recovery of claims entered into force. The amendments include the principles of the investor’s liability for payment of remuneration due to a subcontractor within the Civil Code. Within the justification of the bill, there is underlined that joint and liability applies to the entire liability and independence of anyone’s fault. After the amendment, according to Article 6471 § 1 Civil Code, the investor is jointly and severally liable with the contractor for payment of remuneration due to the subcontractor for the construction works performed by him which have been notified to the investor by the contractor or subcontractor. Before the amendment, the liability towards the subcontractor was borne solely and primarily by the contractor. The investor’s liability under Article 6471 § 5 of the Civil Code is related to the contractor’s liability for payment of remuneration to which the subcontractor of construction works is entitled. It is based on a contract between the contractor and the subcontractor. Priorly, the investor was liable towards the subcontractor only if its participation was notified by a relevant annexe or agreement. The investor also had to agree to perform specific actions by the subcontractor. At present, the investor and the contractor are jointly and severally liable towards the subcontractor.

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