Abstract

The new regulation of the principles of joint and several liability of investor and contractor vis-a-vis subcontractors (Art. 6471 § 1 of the Civil Code) is aimed at restricting the scope of that liability to the situation whereby construction works are allotted to an investor with the detailed description of the object of those works. The introduction of a simplified procedure for allotting construction works, presumption of investor’s consent and the institution of objection, as well and quota restrictions of liability shall limit joint and several liability of an investor. Also the new wording of Art. 6471 § 5 of the Civil Code, which makes liability vis-a-vis the subcontractor and further subcontractors subject to a written consent for concluding a contract with the subcontractor and further subcontractors, is aimed to exclude liability also when the investor’s consent for concluding a contract with the subcontractor is implied (which had been possible before the amendment).

Key words: construction process, joint and several liability, investor, contractors, subcontractor

Słowa kluczowe: proces budowlany, odpowiedzialność solidarna, inwestor, wykonawca, podwykonawca robót budowlanych