Abstract

The gloss to the judgement of the Supreme Court of 2 June 2021 issued in the case II CSKP 7/21 concerns the analysis of the effectiveness of the provisions of a construction contract that make te payment of the contractor’s total remuneration conditional on the contractor’s fulfilment of a condition within the meaning of Art. 89 of the Civil Code. Additionally, the gloss covers the analysis of provisions that make the contractor’s remuneration payable on fulfilment of additional reserved side activities related to actions or omissions of the third parties or entities used by the contractor, as well as related to actions or omissions of the contractors themselves. The author also elaborated on the effectiveness of provisions making payment of the contractor’s remuneration dependent on signing a final acceptance protocol. The gloss is overwhelmingly appreciative, but the author questions advisability of limiting the judgment under review only to „entire remuneration”.