A Warsaw-based contractor submits a claim for prolongation costs after a 14-week employer-caused delay. The employer disputes the valuation. The project sits idle. Under a FIDIC-based contract, a Dispute Adjudication Board (DAB) decision can be issued within 84 days – yet many parties in Poland either skip the DAB step entirely or trigger it too late, forfeiting interim relief and damaging their arbitration position.
FIDIC contracts are widely used on Polish construction projects, particularly those financed by public or EU funds. The adjudication mechanism under FIDIC gives either party the right to refer a dispute to a DAB, which must issue a binding decision within 84 days of referral. That decision is immediately enforceable – even if one party files a notice of dissatisfaction. Failure to comply with the DAB decision, or failure to refer a dispute correctly, can preclude access to arbitration and trigger personal liability of the party in breach of the contract's dispute-resolution ladder.
This guide covers the full adjudication procedure step by step: how disputes arise on Polish FIDIC projects, how to trigger the DAB correctly, what the timeline and costs look like in practice, and what mistakes to avoid. Three business scenarios illustrate the process for a Polish contractor, a foreign investor, and a public employer. A checklist and FAQ close the guide.
How do FIDIC disputes arise on Polish construction projects?
FIDIC disputes rarely appear without warning. They build from unresolved Engineer decisions, disputed payment certificates, or prolonged silence on variation claims. Under FIDIC conditions – whether the Red Book for building works or the Yellow Book for design-and-build – the Engineer (or the Employer's Representative) issues determinations that either party may challenge within 28 days. Miss that window and the determination becomes final and binding.
Polish construction law sits alongside the FIDIC contract, not beneath it. The Kodeks cywilny (Civil Code, KC) governs contract formation, defects liability, and force majeure. The Prawo budowlane (Construction Law Act, PBA) regulates permits and technical requirements. Both apply even where the FIDIC contract says otherwise. A real estate lawyer Warsaw-based or abroad must therefore read the FIDIC conditions together with Polish statute.
Three recurring dispute types dominate Polish FIDIC projects. First, prolongation and delay claims – typically arising from late site handover or design changes by the employer. Second, variation valuation disputes – where the Engineer's assessment of additional works falls short of the contractor's cost. Third, defects and retention disputes – where the employer withholds final payment pending resolution of alleged defects. Each type follows the same DAB pathway, but the evidence package differs significantly.
We secured a reversal of an Engineer's determination on a prolongation claim exceeding PLN 4m for a road contractor in the Mazowieckie region (autumn 2025). The key was triggering the DAB within the 28-day window while simultaneously preserving the right to additional evidence under the contract's notice provisions.
What is the step-by-step DAB procedure under FIDIC in Poland?
The DAB procedure has four distinct phases. Understanding each phase – and its deadline – is the difference between a binding decision and a forfeited claim. Polish courts have confirmed that strict compliance with the FIDIC dispute-resolution ladder is a precondition for arbitration; bypassing any rung precludes the next.
Phase 1 – Engineer's determination. Either party requests a formal determination from the Engineer. The Engineer has 42 days to respond. If no response comes, or if the response is unsatisfactory, the dissatisfied party may proceed to DAB referral. The 28-day notice-of-dissatisfaction clock starts on the date of the determination.
Phase 2 – DAB appointment. The contract should already have a standing DAB (a one- or three-person board) appointed before any dispute arises. If not – and on many Polish projects the DAB appointment is neglected until a dispute surfaces – appointment takes 28 days under FIDIC's default procedure, adding time and cost. The National Court Register (KRS) and appointing authorities recognised under the contract play no formal role here, but Polish arbitration institutions such as the Court of Arbitration at the Polish Chamber of Commerce (SA KIG) can act as appointing authority.
Phase 3 – Referral and hearing. The claiming party submits a written referral with full supporting documentation. The DAB has 84 days to issue its decision. In practice, most Polish DAB proceedings involve one or two hearings, site visits, and written submissions. The 84-day clock can be extended with both parties' consent.
Phase 4 – Notice of dissatisfaction and enforcement. A party unhappy with the DAB decision must file a notice of dissatisfaction within 28 days. The decision remains binding in the interim. If neither party files a notice within 28 days, the decision becomes final and binding – enforceable as a contractual obligation. Non-compliance at this stage triggers a separate arbitration claim for failure to give effect to the DAB decision.
- Request Engineer's determination – deadline 42 days for response
- File notice of dissatisfaction within 28 days of determination
- Appoint DAB (ideally pre-dispute) – 28 days if appointment is ad hoc
- Submit referral with full documentation
- Obtain DAB decision within 84 days of referral
For foreign investors entering Poland – whether structuring a greenfield development or acquiring a distressed asset – understanding how FIDIC adjudication interacts with Polish law is essential before signing the construction contract. Our guide on buying property in Poland as a UK national covers the broader acquisition framework that often precedes a construction phase.
What do timeline and costs look like in a Polish FIDIC adjudication?
Speed is one of adjudication's main advantages over arbitration. A fully contested DAB proceeding – from referral to decision – takes between 84 and 120 days in Poland. Compare that to a minimum of 12 to 18 months for ICC or SA KIG arbitration. For a contractor with a cash-flow problem, the difference is material. The DAB decision is payable immediately; the arbitration award is not.
Costs depend on the DAB composition and the complexity of the claim. A sole adjudicator typically charges between EUR 5,000 and EUR 20,000 for the full proceeding, depending on the claim value and number of hearing days. A three-person board costs proportionally more – often EUR 30,000 to EUR 60,000 total. These figures cover adjudicator fees only; legal representation and expert witnesses are separate. Polish FIDIC projects above PLN 50m typically warrant a three-person DAB.
Party costs – legal fees plus technical experts – commonly range from PLN 80,000 to PLN 300,000 per side on a mid-size dispute. The FIDIC contract allocates adjudicator costs equally unless the DAB orders otherwise. Legal costs follow the contract and are not automatically recoverable in adjudication, unlike in court proceedings before the District Court (sąd okręgowy) or the Court of Appeal (sąd apelacyjny).
Our team obtained interim protection of a payment claim worth over EUR 3m for a German investor's Polish subsidiary in Lower Silesia (spring 2026). The DAB decision was issued within 91 days of referral and the employer paid within the contractual 28-day period following the decision.
What are the most common mistakes in Polish FIDIC adjudication?
Complexity in FIDIC adjudication is not procedural – the steps are clear. The mistakes are tactical. They arise from misreading notice requirements, underestimating the evidence burden, or treating the DAB as a preliminary skirmish rather than a substantive proceeding. Each mistake can be irreversible: a forfeited notice window precludes the claim permanently.
The most frequent error is missing the 28-day notice-of-dissatisfaction deadline after the Engineer's determination. Parties assume they have more time, or that informal correspondence stops the clock. It does not. Polish courts and arbitral tribunals have consistently held that the FIDIC time-bar is strict. A missed notice forfeits the right to refer the dispute to the DAB – and therefore to arbitration.
The second common mistake is submitting an under-documented referral. The DAB proceeds on the written record. A referral that relies on the DAB to request further documents – rather than presenting a complete evidentiary package from day one – loses ground early. Supporting documents should include the contract, all Engineer correspondence, payment certificates, programme analysis, and cost build-ups.
Third, parties sometimes neglect to appoint a standing DAB at contract execution. An ad hoc appointment takes time and can itself become a dispute. Under FIDIC's standard conditions, if the parties cannot agree on an adjudicator within 28 days, either party may apply to the appointing authority named in the contract. On Polish public contracts, that authority is often the Polish Chamber of Commerce (Krajowa Izba Gospodarcza, KIG).
Finally, some parties attempt to bypass the DAB entirely and go straight to arbitration, citing urgency. This approach consistently fails. Polish arbitral tribunals treat the DAB step as a mandatory precondition. Bypassing it does not save time – it loses the case at the jurisdictional stage.
The interplay between FIDIC adjudication and Polish property law also matters where the construction project involves a commercial lease or a long-term development agreement. Our guide on buying property in Poland as a Polish national explains the ownership and title framework that underpins most development projects.
Understanding the contract's dispute-resolution architecture before a dispute arises is, ultimately, the best risk-management tool available to any party on a Polish FIDIC project. That includes reviewing intellectual property provisions in design contracts – a point addressed in our article on software copyright protection under Polish law, which is relevant where BIM models or design software form part of the deliverables.
To receive an expert assessment of your FIDIC dispute position, contact info@kordeckipartners.com.
Three business scenarios: contractor, foreign investor, and public employer
FIDIC disputes play out differently depending on which side of the contract you are on. The procedure is the same; the strategy is not. Below are three scenarios that illustrate the key differences in approach, evidence, and risk exposure on Polish projects.
Scenario 1 – Polish contractor claiming prolongation costs. A Silesian civil engineering company experiences a 10-week delay caused by the employer's failure to provide access to part of the site. The contractor submits a contemporaneous notice within 28 days of the delay event – a step many contractors omit, fatally weakening later claims. The Engineer issues a determination rejecting the claim. The contractor files a notice of dissatisfaction within 28 days and refers the dispute to the standing DAB. The DAB awards PLN 1.8m in prolongation costs within 84 days. The employer pays. The project resumes.
Scenario 2 – Foreign investor disputing variation valuation. A German developer instructing a Polish general contractor under a Yellow Book contract disputes the valuation of 23 variations. The Engineer's aggregate valuation is EUR 1.2m below the contractor's assessment. The investor's team – including a real estate lawyer Warsaw-based – reviews the variation notices and identifies that four of the 23 were submitted outside the 28-day notice window, making them time-barred. The remaining 19 are referred to the DAB. The DAB awards EUR 900,000. The investor files a notice of dissatisfaction on three items and proceeds to arbitration only on those, preserving the EUR 900,000 award as immediately payable.
Scenario 3 – Public employer defending a defects claim. A municipal employer in Małopolska retains PLN 2.5m in performance security following alleged defects. The contractor refers the dispute to the DAB. The employer's defence relies on expert evidence from a licensed building inspector. The DAB issues a split decision: PLN 1.6m is awarded to the contractor; PLN 900,000 remains with the employer pending rectification. Both parties accept the decision. No notice of dissatisfaction is filed. The decision becomes final and binding within 28 days.
What should you prepare before triggering a FIDIC adjudication?
Preparation quality determines outcome quality. Parties that arrive at the DAB with a complete, organised evidentiary record consistently outperform those who reconstruct the facts under time pressure. The checklist below applies to any Polish FIDIC adjudication, regardless of claim type or project size.
Start with the contract. Confirm which FIDIC edition applies – 1999 or 2017 – because the 2017 Red Book introduced a three-tier dispute resolution mechanism (DAAB, amicable settlement, arbitration) with different timelines. Many Polish public contracts still use the 1999 edition, but EU-funded projects increasingly specify 2017 conditions. The edition determines every deadline in the process.
What to prepare before referral:
- Full contract text, including all special conditions and annexes
- Chronological file of all Engineer correspondence and determinations
- Programme analysis showing cause and effect of the delay or change
- Cost build-up with supporting invoices, timesheets, and subcontract records
- Copies of all notices filed within the contractual time limits
Parties should also confirm the identity and availability of the appointed adjudicator or board members before referral. An adjudicator conflict of interest discovered mid-proceeding – a rare but real occurrence on the Polish market – can restart the clock entirely. The Polish Chamber of Commerce maintains a list of qualified adjudicators for FIDIC disputes.
Specific advice on your FIDIC claim or dispute-resolution strategy is available from info@kordeckipartners.com.
Frequently asked questions
Q: Can a party go directly to arbitration without completing the DAB step?
A: No. Polish arbitral tribunals treat the DAB referral as a mandatory precondition to arbitration under FIDIC contracts. A party that bypasses the DAB will face a jurisdictional objection. The only exception recognised in practice is where both parties expressly agree in writing to waive the DAB step – which is rare and requires careful documentation. Attempting to shortcut the process forfeits both the interim award and the arbitration claim.
Q: How long does a FIDIC adjudication take and what does it cost in Poland?
A: From the date of referral, the DAB has 84 days to issue its decision – extendable by consent. In practice, most Polish proceedings conclude within 90 to 120 days. Total costs for a mid-size dispute (claim value PLN 5m to PLN 20m) typically range from PLN 200,000 to PLN 500,000 per side, including adjudicator fees, legal representation, and technical experts. Adjudicator fees are split equally unless the DAB directs otherwise.
Q: Is a DAB decision enforceable in Polish courts?
A: A DAB decision is not automatically enforceable as a court judgment. It creates a contractual obligation to pay. If the losing party refuses to comply, the winning party must either commence arbitration for failure to give effect to the decision – a separate and expedited claim under FIDIC – or seek enforcement through the competent Polish court by converting the contractual obligation into a court order. Polish courts have generally supported enforcement of DAB decisions where the procedural record is clean and the referral was properly made.
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.