A Polish infrastructure developer receives a contractor's claim for extended preliminaries two weeks before the 28-day DAB notice window closes. The project sits on a public procurement contract governed by FIDIC Yellow Book conditions. Missing that window forfeits the right to adjudication entirely – and the claim, worth several million zloty, becomes unenforceable through the standard dispute ladder.

FIDIC contracts in Poland operate under a three-tier dispute resolution structure: engineer's determination, Dispute Adjudication Board (DAB) decision, and arbitration. Polish public procurement law requires FIDIC conditions on infrastructure contracts above the EU threshold (currently approximately EUR 5.4m for works). Failure to observe the 28-day notice of dissatisfaction deadline precludes access to arbitration and renders a DAB decision final and binding.

This alert covers the three elements that most frequently catch Polish project parties off guard: the notice deadlines that trigger each tier, the interaction between FIDIC conditions and Polish procedural law, and the immediate steps any party should take when a dispute crystallises.

What has changed in FIDIC dispute resolution practice in Poland?

Polish courts and arbitral tribunals have sharpened their treatment of FIDIC time-bar clauses over the past 18 months. The Sąd Najwyższy (Supreme Court of Poland) has confirmed that contractual notice periods in construction contracts are not automatically subject to general civil-law limitation rules. That matters. A party that misses the 28-day notice of dissatisfaction window cannot rely on the general five-year limitation period under the Kodeks cywilny (Civil Code) to revive a stale claim.

The Krajowy Rejestr Sądowy (National Court Register, KRS) data shows a marked rise in construction-related insolvencies since mid-2024. Many of those cases involve contractors who lost adjudication rights through procedural default rather than substantive weakness. The pattern is consistent: a claim is valid on the merits, but the notice was late or misdirected.

The Urząd Zamówień Publicznych (Public Procurement Office, UZP) has also updated its model contract templates. From January 2026, public contracts above the EU works threshold must include an explicit DAB appointment clause with a named nominating body. Projects that began before January 2026 but are still ongoing should verify whether their DAB is properly constituted – a gap here forfeits the first tier of the dispute ladder entirely.

  • 28-day notice of claim – triggers the engineer's determination process
  • 28-day notice of dissatisfaction – escalates a DAB decision to arbitration
  • 84-day DAB decision period – after which the decision is deemed issued
  • DAB appointment must now be confirmed within 28 days of contract signature on new public works

We secured a reversal of a contractor's forfeited adjudication right for a civil-engineering client in the Mazowieckie region (autumn 2025), where the notice had been sent to the engineer's site office rather than the contractual address. The distinction cost the contractor its first-tier rights. Recovery required a separate application to the Sąd Okręgowy (Regional Court) in Warsaw.

Who is affected – and what are the thresholds?

FIDIC conditions apply by law to public works contracts in Poland above the EU threshold. Below that threshold, parties may adopt FIDIC voluntarily – but the same time-bar logic applies once the contract incorporates FIDIC General Conditions. Private developers using FIDIC Silver or Gold Book on commercial projects are equally exposed. The threshold question is not whether FIDIC applies, but whether the party's internal contract-management process matches the 28-day rhythm that FIDIC demands.

Foreign investors are a particular risk group. A German developer entering the Polish market for the first time (see also our note on real estate practice for international investors) will often assume that dispute notice periods work like German VOB/B – they do not. FIDIC's time-bars are stricter and Polish courts enforce them without equitable relief.

Subcontractors on public infrastructure projects face a compounded risk. They are bound by the main contract's FIDIC conditions through back-to-back clauses, yet they typically lack the contract-administration resources to monitor 28-day windows across multiple claim events simultaneously. A subcontractor with a variation claim exceeding PLN 500,000 that misses the notice window loses the right to adjudication – and, in practice, the leverage to negotiate settlement.

For parties with ongoing disputes, the interaction between FIDIC arbitration clauses and Polish arbitration law under the Kodeks postępowania cywilnego (Code of Civil Procedure, KPC) is also relevant. Polish arbitration law requires a written arbitration agreement. If the FIDIC contract was executed without a properly signed special conditions annex, the arbitration clause may be unenforceable – a point that contract review practice consistently surfaces in due diligence.

What immediate steps should affected parties take?

Speed is the operative word. Once a dispute event occurs – a rejected variation, a termination notice, a payment default – the 28-day clock starts. There is no grace period. The first action is to identify the contractual notice address and confirm it in writing before sending any formal notice. Misdirected notices do not stop the clock.

Our team obtained interim protective measures for a subcontractor on a road project in Lower Silesia (spring 2026), preserving retention funds worth over PLN 3m while the DAB process ran its course. Acting within the first 14 days of the payment default was the decisive factor.

The checklist below applies to any party that has identified a potential FIDIC claim:

  • Confirm the contractual notice address for the engineer and the employer
  • Calculate the 28-day deadline from the date the claim event occurred
  • Verify that the DAB is properly constituted and the nominating body is identified
  • Preserve all contemporaneous records – daily site reports, correspondence, payment certificates
  • Check whether the arbitration clause meets KPC written-form requirements

Parties considering whether FIDIC dispute resolution interacts with their financing arrangements should also review broader compliance obligations that may affect project-company structures. Lenders increasingly require evidence of active dispute management as a covenant condition.

The specific facts of your project determine which tier of the dispute ladder is still open. Delay beyond the first 28-day window forecloses options that cannot be recovered later.

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

Frequently asked questions

Q: Can a Polish court override a FIDIC time-bar if the contractor had a valid reason for missing the 28-day deadline?

A: Polish courts treat contractual time-bars in FIDIC contracts as substantive conditions precedent, not procedural deadlines. Missing the 28-day notice of claim or notice of dissatisfaction window extinguishes the right, not merely the remedy. Courts have declined to apply force majeure or good-faith arguments to extend these periods in the absence of an explicit contractual provision allowing extension.

Q: How long does a FIDIC DAB process typically take on a Polish infrastructure project?

A: The DAB has 84 days from referral to issue its decision, though parties may agree an extension. In practice, complex infrastructure disputes in Poland run closer to 120 days when document production and site visits are involved. The 28-day notice of dissatisfaction period then begins from the date the decision is received – not the date it was due.

Q: Is it possible to buy property in Poland or invest in real estate development without using FIDIC contracts?

A: Yes. FIDIC conditions are mandatory only on public procurement contracts above the EU works threshold. Private development projects – including those where investors buy property in Poland for commercial lease or mixed-use development – may use bespoke construction contracts. A real estate lawyer in Warsaw can structure dispute resolution clauses that suit the project's risk profile without adopting FIDIC's full three-tier ladder.

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 real estate, construction, and FIDIC dispute resolution. 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.