International Construction Law Review
THE USE AND MISUSE OF FIDIC FORMS IN POLAND
LUKAS KLEE JD, LLM, PHD, MBA
Construction Law Lecturer, Charles University in Prague, Faculty of Law
ALEKSANDRA MARZEC
Lawyer, District Chamber of Advocates in Katowice
MICHAŁ SKORUPSKI, MSC, CIVIL ENG, MBA
Contract Manager, Member of SIDiR, Association of Consulting Engineers and Experts in Poland
1. INTRODUCTION
In recent years, a number of post-communist countries have joined the European Union (EU) or are seeking to do so. The new Member States are mainly from Central and East Europe (CEE) and many have experienced a surge in large investments in infrastructure projects co-financed by the EU, the European Investment Bank (EIB) and the World Bank. According to the Procurement Guidelines of international and European financing institutions, tenders financed by them are, by definition, open to international competition for projects.
Interestingly, there is however, a remarkable difference between the tenders financed by international financial institutions and tenders financed by the European Institutions, i.e. EU and EIB, which seems to be at the root of the contractual problems in Poland and in other CEE countries. Whereas the World Bank and other International Financial Institutions that provide co-financing for infrastructure construction projects require well established sample forms of contract for works to be used, the European Institutions impose this condition only with respect to their financial support for so-called “third countries”, i.e. outside the EU For financial support, such as Structural and Cohesion Funds, whereas within the EU, the EU – until recently – had not taken any precautions. The underlying reason for such approach is that well-established local standard forms existed in Western Europe, such as, for example, in Austria öNORM B 2110, in Germany, VOB/B, in Denmark, AB 92 and ABT 93, in France and Belgium, CCAG, in Italy, DPR 207/2010, and in the Netherlands, UAV
The International Construction Law Review [2014
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