Poland's construction law disputes expose oversight gaps and contract risk

Polish courts have scrutinized a residential building project in Gliwice, finding that the developer made significant deviations from the approved design, including altered dimensions and an unauthorized drainage system. The regional building supervision authority ordered the investor to submit revised site and architectural plans, but the decision was partially overturned on procedural grounds, emphasizing the need for precise factual findings in repair proceedings under the Building Law.

Separately, industry experts warn that many infrastructure disputes stem from contract clauses that shift excessive risk onto designers. Back‑to‑back arrangements and lump‑sum pricing often leave design firms unable to meet investor expectations, leading to delays and cost overruns. Professionals call for clearer, balanced contracts—such as limiting liability to contract value, capping penalties at 20 % of the contract, and ensuring regular cash‑flow payments—to reduce litigation and improve project delivery.