Success of RKKW’s client in the construction dispute

As a result of the RKKW’s actions, the court reverses the orders granting injunctive relief and denies to grant further injunctive relief in the complex construction, civil and corporate dispute.

At RKKW’s request, the court revoked two previously granted security orders for payment claims in a multi-party dispute related to a foreign construction project, and also dismissed three further applications for security against RKKW’s client in the same dispute.

The general contractor of one of the construction projects brought a claim for payment against the client of RKKW, a construction company. He claimed that as a result of RKKW’s client’s failure to perform their respective contracts, the investment project failed and he suffered damage. The damage consisted in the fact that the investor used a bank guarantee granted to them by the general contractor (nearly EUR 4 million).

Initially, the court granted two security orders for the general contractor’s claim. However, as a result of RKKW’s actions, the court reversed the first decision, which had already become final and binding, and upheld the complaint in the second case. At the same time the court dismissed the general contractor’s third application for more extensive security for the same claim.

In other proceedings, conducted as part of the same dispute, the court dismissed a motion for security for a claim for payment of PLN 16 million for the transfer of all the rights and obligations of a limited partner, directed against RKKW’s client. At the same time the court refused to grant security for a claim for prohibition of anti-competitive activities against members of the management board of RKKW’s client.

The client was represented by a team led by attorney-at-law Dariusz Kulgawczuk, partner at RKKW, and composed of advocate’s trainee Aleksandra Ługowska and attorney-at-law Dagmara Błaszkiewicz.