Der Ausschluss von Nachträgen in Pauschalpreisbauverträgen nach polnischem Recht

Why go construction companies bankrupt on a mass scale in Poland? This question forms the starting point for an analysis of the phenomenon of construction insolvencies. The author sees the main cause for the undesirable developments in the specific design of Polish law. On the one hand there are only few requirements regarding construction design. As a consequence, construction projects are insufficiently planned. On the other hand, most construction contracts are lump sum contracts. The lump sum encompasses all necessary works. The author criticises the particular imbalance of the regulations, defines limits of permissible risk assumptions and prepares a proposal for a more balanced legislation.