Abstract

In the commentary, the author analyses the Supreme Court judgement of 23 March 2017 regarding the guarantee of payment for the construction works regulated in Art. 649¹–649⁵ of the Civil Code. The main axis of the commentary is the possibility to withdraw from a construction works contract in the event of the investor’s failure to provide a requested payment guarantee and the nature of the legal relationship arising as a result of this request. Moreover, the commentary also addresses validity of the reservation of a contractual penalty if the contractor withdraws from the construction contract as a result of failure to obtain a guarantee of payment. The author approves the position presented by the Supreme Court in the analyzed judgement.