A contractor on a major Warsaw infrastructure project submits a claim for additional costs after the employer orders scope changes mid-build. The employer disputes the amount. Under the FIDIC conditions incorporated into the Polish contract, a Dispute Adjudication Board (DAB) decision should follow within 84 days. Yet many Polish parties miss that window – or fail to preserve their rights entirely – because they underestimate how FIDIC adjudication interacts with Polish procedural law.

FIDIC adjudication in Poland operates under the DAB mechanism embedded in the Red, Yellow, and Silver Books, but its enforceability depends on how the contract incorporates those conditions and how Polish courts treat DAB decisions pending arbitration. A party that fails to issue a Notice of Dissatisfaction (NOD) within 28 days of a DAB decision forfeits the right to challenge it in arbitration. Polish construction contracts above PLN 5 million routinely include FIDIC conditions, making these deadlines commercially critical.

This alert covers three immediate concerns: the 28-day NOD deadline and its consequences, the enforceability of DAB decisions before Polish courts, and the action items every contractor and employer should address now.

What has changed in FIDIC adjudication practice in Poland?

Polish infrastructure procurement has shifted significantly. The General Directorate for National Roads and Motorways (GDDKiA) and municipal contracting authorities now embed FIDIC 1999 or 2017 conditions into contracts worth over PLN 10 million. The 2017 FIDIC suite introduced a standing Dispute Avoidance/Adjudication Board (DAAB), replacing the former on-demand DAB. This change affects how disputes are referred and how quickly parties must act.

Under the 2017 conditions, the DAAB issues a decision within 84 days of referral. Either party may then issue a NOD within 28 days. If neither party does, the decision becomes final and binding – enforceable as a contractual obligation. Polish courts, including the Warsaw Court of Appeal, have treated such decisions as enforceable contractual undertakings, not arbitral awards. That distinction matters: enforcement follows civil procedure, not the New York Convention route.

The National Court Register (KRS) records show a rise in construction-related disputes filed since 2023. Many involve parties who missed the NOD window and then sought to re-open the dispute in arbitration. Polish arbitration panels – including those at the Court of Arbitration at the Polish Chamber of Commerce (SA KIG) – have consistently refused jurisdiction where the NOD was not filed in time. The 28-day deadline is, in practice, irreversible.

  • FIDIC 2017 DAAB replaces on-demand DAB – standing appointment required from contract start
  • 84-day decision window runs from formal referral date
  • 28-day NOD deadline – missing it forfeits arbitration rights
  • Polish courts enforce binding DAB/DAAB decisions as contractual obligations
  • GDDKiA standard contracts above PLN 10 million now reference 2017 conditions

For foreign investors and contractors entering Poland – whether structuring entry through a subsidiary or a branch – understanding this procedural shift is essential. The interaction between FIDIC timelines and Polish civil procedure creates traps that even experienced parties overlook. If your project involves buying property in Poland as a Netherlands national, the same contractual discipline applies to any construction works tied to that acquisition.

Who is affected and what are the thresholds?

Any party to a Polish construction contract incorporating FIDIC conditions faces these rules. The practical thresholds are straightforward: contracts above PLN 5 million in the private sector frequently include FIDIC Red or Yellow Book conditions by agreement; public procurement contracts above PLN 10 million under GDDKiA or local authority frameworks typically mandate them. Below those values, bespoke dispute resolution clauses dominate – but FIDIC-lite provisions are increasingly common even there.

Employers face a specific risk. A DAB decision requiring interim payment – for example, an instruction to pay a disputed variation sum of PLN 2 million within 28 days – is enforceable even if the employer intends to challenge it. Polish courts have confirmed that "pay now, argue later" is the operative principle. Failure to comply with a binding DAB decision exposes the employer to enforcement proceedings before the district court, plus interest running from the payment deadline.

We secured enforcement of a DAB decision requiring payment exceeding PLN 3 million for a contractor client in the Mazowieckie region (autumn 2025). The employer had issued a NOD but failed to comply with the interim payment obligation pending arbitration. The Warsaw District Court granted enforcement within six weeks.

Contractors face the mirror risk. A DAB decision rejecting a claim – or awarding less than claimed – becomes final if the contractor does not file a NOD within 28 days. A contractor that receives a decision for PLN 800,000 when it claimed PLN 2.5 million has 28 days to preserve the right to pursue the full amount. Missing that deadline closes the door permanently. Employment-related disputes on construction sites add further complexity; for background on Polish employment compliance, see our guide on employment law compliance for companies in Poland.

What should you do immediately?

Three action items require attention now. First, audit every active FIDIC contract to identify whether it incorporates 1999 or 2017 conditions. The distinction determines whether you need a standing DAAB appointment from day one or may appoint on demand. Contracts that are silent on the version default to 1999 under most Polish court interpretations – but that default is itself litigated. Clarify the position in writing with the counterparty within 14 days if there is any ambiguity.

Second, implement a NOD calendar. Every DAB or DAAB decision must trigger an immediate internal review. The 28-day clock runs from the date of receipt. Assign a named individual – in-house counsel or external adviser – to confirm within 48 hours of receipt whether a NOD is required. A missed NOD cannot be remedied. The consequence is permanent: the decision becomes final and binding, and arbitration jurisdiction is lost.

Our team obtained a successful outcome in a DAAB referral for a German investor's construction subsidiary in Lower Silesia (spring 2026), where the employer had failed to appoint a DAAB member within the contractually required 28-day window. The Polish Arbitration Court treated that failure as a breach entitling the contractor to proceed directly to arbitration – saving over EUR 1.2 million in disputed variation costs.

Third, review your dispute notice chain. Under FIDIC, a claim must be notified within 28 days of the event giving rise to it. Late notification extinguishes the claim entirely under the 1999 conditions. The 2017 conditions soften this slightly, but Polish courts applying the 1999 Red Book have enforced the 28-day bar strictly. For investors also considering property acquisitions alongside construction projects, our guide on buying property in Poland as a United Kingdom national addresses related due diligence steps.

Immediate checklist – what to prepare:

  • Identify FIDIC version (1999 or 2017) in each active contract
  • Confirm DAAB/DAB appointment status and member names
  • Map all open claims against the 28-day notification deadline
  • Log any received DAB decisions and calculate the NOD expiry date

Specific facts determine whether your position is recoverable. A single missed deadline – 28 days for a NOD, 28 days for a claim notice – forfeits rights that no subsequent legal action can restore. That irreversible consequence justifies immediate review of every active FIDIC contract in your portfolio.

To receive an expert assessment of your FIDIC contract position or pending DAB decision, contact info@kordeckipartners.com.

Frequently asked questions

Q: Can a Polish court enforce a DAB decision even if arbitration is pending?

A: Yes. Polish courts treat a binding DAB decision as a contractual obligation, not an arbitral award. The employer must comply with the payment obligation even while arbitration proceeds on the underlying merits. Enforcement is sought through the district court under standard civil procedure, and the process typically takes six to ten weeks.

Q: What happens if the contract does not specify which FIDIC version applies?

A: Polish courts have generally defaulted to the 1999 conditions where the contract is silent on version. This means the on-demand DAB mechanism applies rather than the standing DAAB. However, this default is disputed in some cases, and the cost of that ambiguity – both in time and legal fees – can exceed PLN 100,000 in complex disputes. Clarifying the version in writing at the outset costs nothing.

Q: Is the 28-day NOD deadline negotiable or extendable?

A: Under standard FIDIC conditions, the 28-day NOD deadline is not extendable by unilateral act. Both parties may agree in writing to extend it, but such agreement must be explicit and documented. Polish arbitration panels have refused to treat informal communications – including emails acknowledging receipt of a decision – as extensions of the NOD period. Treat the deadline as fixed from the moment the decision is received.

About KORDECKI & Partners

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.