May 2018

Dismissal of a claim for liquidated damages due to withdrawal from a subcontract

KSP lawyers represented an entrepreneur in proceedings for payment of liquidated damages of PLN 500.000 due to withdrawal from a contract. The Court admitted all our arguments supporting the lack of grounds for imposition of the liquidated damages and shared our interpretation of the contract. The Court held that no liquidated damages were payable under a subcontract if the withdrawal occurred before commencement of the main contract.  This led to dismissal of the entire claim for payment of PLN 500,000 and adjudication of all costs of the proceedings in favour of out client. The judgment has become final.