Case 1.
Whilst entering the construction site, an employee of a paving company damaged the gate.
Who bears financial liability? Him or his employer?
If an employee causes damage to a third party whilst performing their work, the liability for compensation shall rest solely with the employer. However, the employer may claim reimbursement from the employee for the costs of repairing the damage caused by him (recourse claim) – Article 120 § 2 of the Act of 26 June 1974 Labour Code (Journal of Laws 2022, item 1510, as amended, hereinafter referred to as the LC).
It should also be noted that if the employee and the employer reach a settlement regarding compensation for the damage, the amount of compensation may be reduced, taking into account all the circumstances of the case, and in particular the degree of the employee’s fault and their attitude towards their employment duties (Article 121 of the LC).
Case 2.
The client refuses to sign the handover report for the construction site to the contractor. What should be done in this case?
In this instance, if the contract between the parties did not contain provisions for the event of a refusal to accept the construction site, such as, for example: contractual penalties calculated for each day of delay in acceptance or the possibility of drawing up a unilateral report,we, as the contractor, should send a written request (by registered post with acknowledgement of receipt) to the investor to take over the site, specifying the exact date of handover and stating that failure to do so may result in a unilateral handover of the construction site.
If the client fails to appear by the specified deadline, we may proceed to draw up a unilateral handover report for the construction site. Given that this action is carried out with the participation of only one party, the handover of the construction site should be documented with particular care. One copy of the report should be sent to the client in the same manner as the preceding request.
Once the above steps have been completed, it can be assumed that the contractor has fulfilled all the obligations imposed on them, and as a result, they may demand payment of the remuneration due to them from the client.
Case 3.
The client accuses the contractors of causing damage during paving works on his property (e.g. destruction of vegetation). However, the pavers had nothing to do with it – what should they do?
In accordance with the general principles of civil law, the burden of proving a specific fact rests with the person who derives legal consequences from that fact; therefore, it is our client who must demonstrate the existence of circumstances indicating that it was the actions of the paving company’s employees that led to the damage.
It should be noted, however, that in the event of the handover of the construction site or part thereof, an effective way to protect oneself against such allegations from the investor is to describe in detail in the handover report all relevant details concerning the construction, including, amongst other things, information on existing greenery.
This will result in a situation where the paving contractor, as the contractor, will be liable for the condition of the construction site, but only to the extent that it existed at the time of handover.
