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Dr Sylwia Łazarewicz
ORCID: 0000-0003-1950-9993

Dr Sylwia Łazarewicz

PhD in legal studies, assistant professor at the Department of Economic Law and Commercial Law, Faculty of Law and Administration at the University of Warmia and Mazury in Olsztyn. Graduated from the Faculty of Law and Administration, as well as the Faculty of Journalism and Political Science at the University of Warsaw. Completed an attorney-at-law apprenticeship program in Warsaw Bar Association (OIRP in Warsaw), as well as post-graduate studies in compensation law at the University of Warsaw and the Academy of Companies at the Warsaw School of Economics.

 
DOI: 10.33226/0137-5490.2020.11.7
JEL: K1, K2

The commented judgment concerns the possibility of considering the demolition of the facility as the subject of a construction contract. This problem, however, is related to a broader issue of significant relevance to practice — setting criteria to distinguish a construction contract from a specific work contract. The purpose of the article is to indicate the premises enabling the delimitation of both contracts, including primarily the interpretation of the concept of object and construction works. Reference was also made to the subjective scope of the construction contract and the scope of protection that the legislature provided to subcontractors for construction works. As a result, the author comes to the conclusion that the demolition of the facility may be the subject of the construction contract. Determining the application of the indicated provisions, however, requires examination of the contractor's performance and its subject, assessment of the investment being implemented in accordance with the requirements of the construction law, as well as the existence of a specific form of cooperation between the investor and the contractor.

Keywords: civil code; construction contract; specific work contract; demolition of the facility