What's new at DZP?
Experts from DZP's Infrastructure and Energy Practice and Litigation Practice have advised the Czech company Bogl a Krysl, k.s., which has created numerous consortia with Polish partners, on the performance of key prestigious road projects in Poland, including sections of the A2 motorway.
Our advice covered an examination of claims filed in the past under FIDIC contracts, including an analysis of the stance taken by the contract engineer regarding the claims and day-to-day contract advice in the context of a potential court dispute with the investor, the General Directorate of National Roads and Motorways (GDNRM). We also advised the client in a court dispute with the GDNRM where we, inter alia, obtained injunctive relief for the client against GDNRM concerning the exercise of rights under bank guarantees for the amount of PLN 120 million.
We also carried out an analysis of claims against DSS, a former consortium member currently in bankruptcy by arrangement. This part of our advisory covered claims in respect of mutual settlements between consortium members (and especially in light of DSS' bankruptcy trustee rescinding the contract), payments made to subcontractors and financial support given to DSS, and claims filed against DSS in the arrangement proceedings.
The project was handled by Infrastructure and Energy Practice lawyers Tomasz Darowski and Małgorzata Wężyk led by Marcin Krakowiak, and by Paweł Paradowski and Maciej Orkusz in the Litigation Practice headed by Paweł Lewandowski.
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: firstname.lastname@example.org.
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