Abstract

The conclusions included in the commented resolution are highly unfavourable for contractors concluding contracts outside of the procedure provided for in the Public Procurement Act. Doubts may arise as to whether the Supreme Court’s interpretation of the provisions on contractual penalties is correct, and thus whether it is the best and adequate means of securing the interests of contractors, particularly given different positions of entities executing construction works. As a de lege ferenda proposal, consideration should be given to regulating the issue of the need to specify the deadline for calculating the contractual penalty or its maximum amount directly in the Civil Code in order to dispel doubts arising from how the phrase „in the specified amount” is to be uderstood.