The article presents the authors' comments on Article 649¹ § 1¹ of the Civil Code, recently introduced into the legal system by the Act of 13 July 2023 amending the Act on the provision of information on the environment and its protection, public participation in environmental protection and environmental impact assessments, and certain other Acts (Journal of Laws of 2023, item 1890). The cited provision excludes the application of the provisions on the guarantee of payment for construction works – Articles 649¹–649⁴ of the Civil Code. – "in cases where the investor is the State Treasury." The authors argue that this exclusion is unjustified and unnecessary. It is explained that although the State Treasury is indeed always solvent by operation of law, so that there is no risk of non-payment to the contractor performing construction work for the State Treasury, the payment guarantee referred to in Articles 649¹ et seq. of the Civil Code secures not only the payment itself, but also a timely payment. In the absence of the possibility to demand a payment guarantee from the State Treasury, contrary to the justification of the amendment, the contractors of construction works working for the State Treasury will find themselves in a significantly worse situation than others – thus the State Treasury will indeed become a privileged investor. Such a privileged position is not sufficiently justified by market realities (it has not been demonstrated that there exists a practice of "abusing" of the institution of payment guarantees by contractors performing construction works for the State Treasury) and is not reconcilable with the principle of equality of subjects of the civil law.