Abstract

Most contracts for construction work in Poland are based on the performance of public procurement procedures. Bearing this in mind, the legislator decided to implement direct legal intervention in significant elements of a contract for construction work while drafting the new Public Procurement Law. Experience over recent years has indicated that the existing legal regulations did not correspond to the dynamic market conditions. This article discusses certain mandatory clauses (for instance, those regarding the time limit for performing a contract, the indexation of remuneration, payment obligations and pre-financing) that will be required once the new legislation enters into force. In addition, the article looks at the proportionality principle in a contract for construction work, as this served as the main reason behind the introduction of these regulations.