Abstract

Construction guarantees have lost some of their importance due to the tighter legislative regime for contractor’s warranty for defects, especially extension of its statutory period to 5 years with respect to buildings (new Art. 568 of the Civil Code). For natural reasons, bonds are reasonable when they are more favourable than contractor’s warranty for defects, and in particular covers a longer period. On the other hand, guarantees are granted by manufacturers and importers of equipment which is then used by contractors in the course of construction and assembly operations. They provide third-party guarantee documents hoping that the ordering party will choose the path of guarantee claims addressed to manufacturer’s (importer’s) service and will not be interested in warranty. This type of “partial” guarantee will continue to be attractive. Not without meaning is also quick and professional guarantee service provided on behalf of a manufacturer or an importer, frequently better than the alternative way of exercising one’s rights under statutory contractor’s warranty. The latest amendment of the Civil Code changed the principles of liability under a guarantee by modernizing its structural elements in compliance with European development trends, regardless of the type and scope of a guarantee.