Abstract

The construction works contract is a special subtype of the contract for specific work. Construction works contracts are regulated in Art. 647–658 of the Civil Code. Whether we deal with a construction works contract is evidences by the result, that is the outcome of the contract. The object of a construction contract should be a benefit effecting from the performance of construction works as a result of cooperation of the contracting authority and the contractor with respect to the preparation and implementation of the object of that benefit. The conditions for the performance and the outcome should be specified in each contract. In the Polish practice of public construction works contracts there are no generally used standard construction works contracts. There is no universal prescription for a good construction works contract, but there are several elements relevant to that type of contract which may simplify collaboration between the parties and generate less conflicts, and in case of a dispute facilitate asserting of claims. This effect will be attained if a contract protects the interest of both parties and the duties of the contractor are matched by the duties of the contracting authority. The article provides instructions as to the elaboration of selected essential clauses of the construction works contract which in author’s opinion may reduce contractual risk for both parties.