Abstract

The commented judgment concerns permissibility of making payment for construction works subject to a condition within the meaning of Art. 89 of the Civil Code and to a contractual prerequisite. With reference to the judgment of the Supreme Court of 2 June 2021, Ref. II CSKP 7/21, the author has also analysed the possibility of making the amount of remuneration dependent on a condition, as well as the effectiveness of stipulating in construction contracts of an obligation to submit evidence that payment has been made to other subcontractors and an obligation to submit the protocol of acceptance of an object. The gloss is largely positive, but the Supreme Court’s method of dividing contractual provisions into conditions or prerequisites has been considered incorrect.