RKKW wins dispute based on PPP contract on risk sharing

RKKW experts successfully represented the concessionaire in a legal dispute with the licensor under a public-private partnership agreement.

In 2012, the concessionaire entered into a concession agreement with the licensor as a result of a tender procedure for a concession agreement for construction works. The contract was concluded under the then applicable Act of January 9, 2009, on concessions for construction works or services. The subject of the contract was the development of project documentation and the performance of general construction works for remuneration, which consisted of the concessionaire’s right to the exclusive use and enjoyment of the investment on the terms set out in the concession agreement.

The dispute between the parties arose as a result of the occurrence of a Compensation Event defined in the contract as Force Majeure. The licensor consistently refused to pay compensation to the licensee and questioned the contractually agreed distribution of risks and its liability.

In the course of the proceedings, the lawyers of RKKW proved, among other things, with the help of two expert opinions, the amount of damage suffered by the licensee as a result of the Compensation Event and presented legal arguments that led to the Regional Court in Wrocław issuing a judgment upholding 88% of the licensee’s claim.

The case, which was initially considered difficult not only by the attorneys but also by the client, ended successfully and, above all, to the client’s satisfaction.

The judgment is not legally binding.

The client in the dispute is represented by:

Witold Sławiński LL.M. – Partner, attorney at law

Adriana Gostępska – Senior Associate, attorney at law