The growing risk of SARS-CoV-2 coronavirus and actions taken by the public authorities, including the introduction of the state of the epidemic, affect the legal situation of entrepreneurs. They face great organizational and legal challenges, as there may be significant delays in the execution of the concluded contracts, which involves the risk of charging contractual penalties and incurring other sanctions.
The effectiveness of an enterprise in the current business situation requires a properly thought-out and implemented concept of fulfilling contractual obligations. The Polish lawmakers have provided for specific legal solutions preventing the effects of the epidemic with regard to lease agreements and contracts concluded as a result of public procurement; nevertheless, a quick risk analysis, strategy development and renegotiation may be necessary in case of any other agreement.
With respect to lease agreements we offer:
- analysis of the concluded lease agreements in terms of special provisions concerning force majeure, mutual benefits and the possibility of termination of the agreement by either party,
- in the case of tenants not covered by a statutory ban on operating activity, support in the process of renegotiation of lease terms and conditions,
- assistance in preparing an offer to extend the term of a lease agreement for tenants covered by a statutory ban on operating in retail assets with a sales area of over 2,000 m2, which should be submitted within 3 months of the lifting of the ban, i.e. from 4 May 2020.
Public procurement contracts
Knowing and understanding the nature of trading in the public sector, as well as offering the implementation of the tools provided for in the Anti-Crisis Shield special purpose act, we provide comprehensive assistance in:
- the process of communication with the counterparty about the impact of pandemic circumstances on the performance of the agreement,
- the preparation of statements and documentation necessary to substantiate the factors identified, including assistance with fact-finding and presentation of possible tactics and solutions,
- giving opinions and renegotiating the provisions of the concluded agreements, especially those concerning contractual penalties or damages for liability for non-performance or improper performance of the agreement,
- representation before the President of the Public Procurement Office, the National Appeal Chamber, in out-of-court disputes as well as disputes before common courts.
In addition, we provide professional legal advisory on the performance of other contracts:
- analysis of the factual circumstances and contractual provisions in terms of force majeure clauses
- assessing the impact of the pandemic on the performance of contractual obligations and developing a strategy for an extraordinary change in relations
- renegotiation of contracts in order to maintain business relations with counterparties
Regardless of the above services, in all cases where renegotiation of contracts proves impossible or unreasonable, we are ready to represent you in court proceedings to assert claims related to non-performance or improper performance of contractual obligations.