On paper, the FIDIC dispute resolution mechanism looks straightforward. In practice, Polish construction projects regularly stall at the adjudication stage – missed notice deadlines, improperly constituted Dispute Adjudication Boards, and enforcement gaps that leave contractors and employers exposed for months. The consequences are rarely reversible.

Under Polish law, FIDIC-based contracts are governed by the Kodeks cywilny (Civil Code, KC) and the Prawo budowlane (Construction Law Act, PBA), with FIDIC General Conditions incorporated by reference. Adjudication decisions are binding immediately on issue and must be complied with pending any arbitration or amicable settlement. A party that ignores a binding decision within 28 days forfeits its right to enforce it summarily and may face personal liability exposure for project managers under Polish corporate legislation.

This alert covers three things: what the current adjudication framework requires, which parties are directly affected, and the immediate steps that protect your position before a dispute escalates to arbitration.

What does the Polish FIDIC adjudication framework actually require?

FIDIC disputes in Poland arise most often on infrastructure contracts procured by the General Directorate for National Roads and Motorways (GDDKiA) and public-sector clients supervised by the Office of Public Procurement (UZP). Both institutions require the 1999 Red Book or the 2017 edition, each with Polish-specific Particular Conditions. The 28-day notice window for claims is non-negotiable – courts registered in the National Court Register (KRS) database have confirmed that late notices extinguish the underlying right, not merely the procedural remedy.

The Dispute Adjudication Board (DAB) must be constituted within 28 days of contract signature. A sole adjudicator is permitted on contracts below a threshold that the Particular Conditions typically set at EUR 5 million. Above that figure, a three-member panel is standard. Failure to constitute the DAB on time shifts the dispute resolution path directly to arbitration – skipping adjudication entirely and adding months to resolution.

Two procedural points catch parties off guard. First, the DAB's decision triggers a fresh 28-day window to issue a Notice of Dissatisfaction (NOD). Miss that window and the decision becomes final and binding. Second, enforcement of a binding-but-not-final decision in Polish courts requires a separate application under civil procedure – not automatic execution.

  • 28 days to constitute the DAB from contract signature
  • 28 days to issue a NOD after receiving a DAB decision
  • EUR 5 million threshold – sole adjudicator vs. three-member panel
  • Binding decisions must be complied with immediately, regardless of dissatisfaction

We secured a reversal of a contractor's wrongful termination claim exceeding PLN 8m for a public-sector employer in the Mazowieckie region (spring 2025). The key was issuing a timely NOD and simultaneously filing for interim measures – a sequence that precludes the contractor from treating the decision as final.

Who is affected and what are the immediate action items?

Any party to a Polish FIDIC contract – employer, main contractor, or subcontractor with a back-to-back clause – faces these obligations. The complexity is not limited to large infrastructure projects. A commercial developer procuring fit-out works above PLN 500,000 on FIDIC terms is equally bound. Ignoring adjudication steps does not make the dispute disappear; it forfeits your procedural position and, in arbitration, signals bad faith.

Foreign investors entering the Polish market through joint ventures or special-purpose vehicles face an additional layer. If you are structuring a real estate investment in Poland from the Netherlands or another EU jurisdiction, your local counsel must verify whether the Particular Conditions have been amended to reference Polish-law arbitration rules – the default ICC clause in FIDIC 1999 is frequently replaced by the Court of Arbitration at the Polish Chamber of Commerce (SAKiG). That substitution changes seat, language, and enforcement mechanics entirely.

Immediate action items depend on where you stand in the project lifecycle. If a dispute has already crystallised, the 28-day NOD clock may already be running. If you are pre-dispute, the priority is DAB constitution and a claim notice audit. For parties managing tax exposure alongside construction risk – for example where real estate tax reclassification disputes are running in parallel – coordinating legal strategy across both tracks avoids conflicting positions before different tribunals.

What to prepare now:

  • Confirm DAB constitution date and panel composition in writing
  • Audit all claim notices issued in the last 90 days for timeliness
  • Check whether your Particular Conditions substitute SAKiG for ICC arbitration
  • Identify any binding DAB decisions not yet complied with – non-compliance is an irreversible concession
  • If a NOD window is open, instruct counsel within 14 days to preserve optionality

Our team obtained interim measures protecting assets worth over EUR 3m for a German investor's subsidiary in Lower Silesia (autumn 2025). The application was filed within 72 hours of a disputed DAB decision – a window that closes permanently once the NOD period expires without action.

One misconception deserves direct attention. Some project managers assume that a buy property Poland or commercial lease dispute follows the same procedural path as a FIDIC construction claim. It does not. FIDIC adjudication is a standalone contractual mechanism. A real estate lawyer Warsaw-based or otherwise must treat it as such – separate from civil court litigation and from standard arbitration timelines. Conflating the two tracks is a common source of missed deadlines.

If your contract references KSeF invoicing obligations for interim payment certificates – increasingly common on public contracts after 2024 – note that KSeF penalties for non-compliance can compound a payment dispute. A rejected invoice under KSeF rules does not reset the FIDIC payment clock. Both obligations run independently.

Specific situations require specific advice. If your project is approaching a DAB decision deadline or a NOD window is open, the cost of inaction is a permanently forfeited right. To receive an expert assessment of your adjudication position, contact info@kordeckipartners.com.

Frequently asked questions

Q: Can a FIDIC DAB decision be enforced in Polish courts without a separate arbitration award?

A: A binding DAB decision is not automatically enforceable as a court judgment in Poland. The enforcing party must bring a separate civil claim based on the contractual obligation to comply. This process typically takes between three and six months before a first-instance court. Arbitration remains the faster route for final enforcement, particularly where the other party has issued a Notice of Dissatisfaction.

Q: What happens if the DAB is never constituted and a dispute arises?

A: Under standard FIDIC General Conditions, failure to constitute the DAB means either party may refer the dispute directly to arbitration after a 56-day amicable settlement period. However, Polish courts have in some cases treated the absence of a DAB as a procedural bar requiring the parties to first attempt constitution before arbitration is admissible. Parties should not assume the shortcut is available without legal review.

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

A: Adjudicator fees on Polish public contracts are usually split equally between the parties. A sole adjudicator on a mid-size dispute typically charges between PLN 20,000 and PLN 80,000 per case, depending on complexity and hearing duration. Three-member panels on large infrastructure disputes can cost significantly more. Legal representation fees are additional and depend on claim value and procedural complexity.

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.