Professional Documents
Culture Documents
Lump Sum Remuneration: (Ania: I.E. 656 1 To The Results of
Lump Sum Remuneration: (Ania: I.E. 656 1 To The Results of
Lump Sum Remuneration: (Ania: I.E. 656 1 To The Results of
IMPORTANT:
In this case party was claiming BLATANT LOSS 632 § 2, but in scope of extra works, not
crisis
Supreme court shared opinion of the first and second instance court and adjudged as follows:
Demand to increase the lump sum remuneration that was agreed in contract between
contractor and the client has no legal grounds. This option was granted by civil code to Specific-
task contract (umowa o dzieło) but parallel use of it to construction work contract is not
permitted.
Supreme court invoked another sentence the was given in similar case: - SN z 26.10.2000 r., II
CKN 417/00 – “since civil code (unlike in its regulations defying Specific-task contract) does not
regulate issue of lump sum remuneration in construction work contracts, parties should agree
the above in detail in their contract.”
(=can’t use regulation on Specific-task contract lump remuneration to contract for construction
works, - Ania)
“SN emphasized the importance of relation between 656 and 632 civil code. Article 656 § 1
allows parallel use of articles regarding specific-task contract to interpret the contract for
construction works but only in certain cases, strictly specified in its regulation (see also: sentence
SN z 19.12.2002 r., II CKN 1334/00; and sentence SN z 13.2.2001 r., II CKN 377/00 and decision
SN z 11.17.2001 r., V CKN 357/00).
(The part of Civil Code regarding construction contract does not regulate the remuneration issue at
all and the article 656§ 1 does not refer to Specific-task contract to regulate this matter.)
632 (regulation regarding Specific-task contract) – the scope of this regulation is not within 656 § 1)
§1
If the parties agreed lump sum remuneration, the contractor can not demand increase of
remuneration even in situation where at the time of entering into contract it was impossible to
foresee the extent or the cost of works.
§2
If in case of the unforeseeable change of circumstances, the completion of works would result in
contractor’s blatant loss, the court may increase the lump sum or dissolve the contract.)