Jara Drapala & Partners has successfully persuaded the Lodz, Poland Appellate Court to affirm the judgment of the lower court awarding firm client Mosty Lodz S.A. nearly PLN 32 million from the City of Lodz.
The case involved the construction of a railway bridge as part of a section of the so-called Upper Route in Lodz. Circumstances beyond Mosty Lodz’s control arose that prevented it from constructing the bridge by the so-called “split-half method,” as specified in the bid, which would allow for continuous rail traffic on one track. It became necessary to secure traffic on both tracks, which required demolishing the old bridge and replacing it with a new one.
This required Mosty Lodz to design and perform additional and substitute work beyond the scope of the bid submitted in the tender procedure. The City refused to pay for this extra work, relying on the “design and build” formula and the fixed amount of the remuneration.
The JDP team included Partners Andrzej Sokolowski and Przemyslaw Drapala and Associates Jakub Majewski and Jasmina Lyczewska.
