According to “Dziennik Gazeta Prawna” a new regulation allowing contractors for more control in taking care of their interests has come into effect in April.
The question is, how one can pursue their claims? The mandatory agreement between the investor and the client, in order to be effective, ought to be written one. Gazeta reminds that the agreement ought to be precise in the description of scope of works as well as it ought to determine the subcontractor’s wages. Another vital element is the consent of the contractor and the investor regarding the performance of the contract by the given company. The investor has 14 days to issue consent for our company in order to carry out the scope of works commissioned by the company higher in the hierarchy of the investment pyramid. If the investor was to fail to respond within 14 days, the subcontractor is automatically accepted.
Problems arise when the investor for some reason does not pay the general contractor. In consequence, no subcontractors receive their dues. The regulation entering into force relies on the bank guarantee, which is provided by the investor to the general contractor and its costs are divided between the two sides. If the investor was unable to meet their obligations, the general contractor’s payment remains secured. Consequently, the entire company (subcontractors) has a high chance of receiving their due.