A Warsaw-based contractor receives a dispute adjudication board (DAB) decision awarding it PLN 4.2 million for prolongation costs. The employer refuses to pay. The contractor's team debates whether to enforce immediately or wait for arbitration. That debate has a hard deadline – and missing it forfeits the right to interim enforcement entirely.

Under FIDIC-based contracts used on Polish public and private construction projects, a DAB decision becomes binding immediately upon issue. The paying party must comply within 28 days. Failure to pay a binding DAB decision – while simultaneously failing to issue a notice of dissatisfaction – precludes later challenge and may trigger personal liability for project managers who authorised the delay.

This alert explains what changed in how Polish courts and arbitral tribunals treat FIDIC adjudication, who is affected by the current enforcement thresholds, and what project teams must do within the next 28 days to protect their position.

What has changed in Polish FIDIC enforcement?

Polish courts have historically been cautious about enforcing DAB decisions as standalone interim awards. That position has shifted. The Sąd Najwyższy (Supreme Court of Poland) and leading arbitral institutions – including the Sąd Arbitrażowy przy Krajowej Izbie Gospodarczej (Court of Arbitration at the Polish Chamber of Commerce, SA KIG) and the Lewiatan Court of Arbitration – now treat a binding-but-not-final DAB decision as directly enforceable pending the outcome of full arbitration proceedings.

The practical consequence is significant. A party that holds a DAB decision in its favour can apply for enforcement in Polish courts without waiting for a final arbitral award. The threshold for triggering this route is a decision worth at least PLN 500,000. Below that figure, parties typically rely on contractual payment mechanisms rather than court enforcement.

The shift also affects public procurement contracts. The Urząd Zamówień Publicznych (Public Procurement Office, UZP) has updated its model FIDIC conditions for infrastructure projects funded under EU cohesion programmes. Those updates require contracting authorities to comply with DAB decisions within the standard 28-day window, regardless of any internal budget approval process.

For contractors and employers alike, the message is direct. A DAB decision is no longer a stepping stone to arbitration. It is an enforceable instrument in its own right – and treating it otherwise carries irreversible financial consequences.

Who is affected and what are the immediate deadlines?

Any party to a FIDIC Yellow Book, Red Book, or Silver Book contract governed by Polish law is affected. The 28-day compliance deadline runs from the date the DAB issues its decision – not from the date the party receives it. Missing that window by even one day forfeits the right to resist interim enforcement.

Three categories of project participant face the most immediate exposure. First, employers on infrastructure projects exceeding PLN 10 million in contract value, where DAB decisions routinely involve prolongation, variation, and disruption claims. Second, general contractors on multi-party builds who receive DAB decisions in sub-contractor disputes and must cascade compliance obligations downward within their supply chain. Third, foreign investors – particularly those entering the Polish market through joint ventures – who may be unfamiliar with the speed at which Polish enforcement proceedings can move.

We secured a reversal of a wrongful DAB non-compliance finding for a manufacturing client in the Mazowieckie region (autumn 2025), where the employer had assumed a 56-day window applied. It did not. The standard FIDIC window of 28 days governed, and the client faced enforcement proceedings within six weeks of the original decision.

The notice of dissatisfaction (NOD) mechanism deserves equal attention. A party wishing to challenge a DAB decision must issue a NOD within 28 days of receiving the decision. Failure to do so renders the decision final and binding – closing the path to arbitration permanently. That is an irreversible consequence. Project teams should treat the NOD deadline as a hard stop, not a target.

  • Identify all live DAB decisions and confirm the exact date each was issued.
  • Calculate the 28-day compliance and NOD deadlines for each decision.
  • Confirm whether your contract incorporates the 2017 FIDIC updates or earlier editions – the DAB composition rules differ.
  • Check whether your dispute falls under a public procurement contract subject to UZP model conditions.
  • Engage specialist construction counsel before day 14 to preserve all procedural options.

For foreign investors reviewing their Polish real estate and construction exposure, the interaction between FIDIC adjudication and Polish civil procedure creates complexity that standard in-house teams rarely anticipate. A review of key contract review points for international tenants and investors illustrates how Polish law imposes procedural obligations that override contractual assumptions imported from other jurisdictions.

Our team obtained interim measures protecting assets worth over EUR 3 million for a German investor's subsidiary in Lower Silesia (spring 2026), where a DAB decision had been issued but the employer delayed compliance beyond the 28-day window. Swift action before the arbitral tribunal prevented the dissipation of project retention funds.

Parties considering whether to structure their project involvement as a share deal or asset deal should also note that DAB liabilities travel with the contracting entity. The choice of acquisition structure directly affects which party inherits live FIDIC disputes. A detailed comparison of share deal versus asset deal structures sets out the liability allocation implications in full.

For investors with cross-border exposure – particularly those buying property in Poland through a Dutch holding structure – the interaction between FIDIC enforcement and bilateral investment treaty protections adds a further layer of analysis. Our dedicated real estate practice for Netherlands-based investors addresses these intersecting obligations directly.

Specific situations require specific advice. If your project has a live DAB decision – or if a decision is expected within the next 30 days – the window for preserving your enforcement rights is narrow. Delay is not neutral. It forfeits options that cannot be recovered.

To receive an expert assessment of your FIDIC adjudication position, contact info@kordeckipartners.com.

Frequently asked questions

Q: Does a DAB decision under FIDIC automatically become enforceable in Polish courts?

A: A binding DAB decision is treated as enforceable pending final arbitration, provided the decision meets the PLN 500,000 threshold and the enforcing party has complied with the notice requirements under the contract. Polish courts will not enforce a decision where the applicant itself failed to comply with procedural obligations. Enforcement proceedings typically take between three and six months before the competent district court.

Q: What is the most common misconception about the notice of dissatisfaction deadline?

A: Many project teams assume the 28-day NOD window runs from the date they review the decision internally. It does not. The clock starts when the decision is received by the party's authorised representative under the contract. Internal review processes, public holidays, and budget approval cycles do not extend the deadline. Missing the NOD window by one day renders the decision final and closes the arbitration path permanently.

Q: How much does FIDIC adjudication enforcement typically cost in Poland?

A: Court filing fees for enforcement of a foreign or domestic arbitral award in Poland are capped at PLN 1,000 for the recognition application. However, the total cost of enforcement proceedings – including counsel fees, translation, and potential security for costs – typically ranges between PLN 80,000 and PLN 250,000 depending on the complexity of the dispute and whether the opposing party contests enforcement. Parties should budget for a minimum of six months from application to first-instance decision.

KORDECKI & Partners is a law firm based in Warsaw and Krakow, advising business clients across 30 jurisdictions. Our team combines expertise in Polish and international law with a practical approach to construction disputes, FIDIC adjudication, and real estate transactions. We work with Polish entrepreneurs, foreign investors, and in-house legal teams. To discuss your situation, contact info@kordeckipartners.com.

Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. KORDECKI & Partners assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@kordeckipartners.com.