Abstract

The gloss to the judgment of the Court of Appeal in Łódź dated 21 March 2013 (I ACA 1291/12) discusses the prerequisites for investor’s financial liability for paying remuneration due to the subcontractor from the contractor in a situation in which the investor implicitly agrees for hiring a subcontractor on the construction site. The investor shall be liable towards the subcontractor pursuant to Art. 647¹ § 2 and 5 of the Civil Code if the investor read or had an opportunity to read the subcontracting agreement, in particular with respect to the remuneration payable to the subcontractor. The gloss points out that the investor does not consent for the conclusion of a subcontracting agreement merely by approving the presence of the subcontractor on the construction site. In addition, the investor is not obliged to request the contractor or subcontractor to submit the subcontracting agreement. The proofs of investor’s liability under Art. 647¹ § 2 and 5 of the Civil Code should be provided by the subcontractor.