Jerzykowski and Partners Law Firm provides legal services in the area of commercial law, focusing mainly on issues at the meeting point of public and private law. Our activity consists in providing legal assistance in those legal disciplines in which administrative law is applied together with civil law. Especially after the accession of Poland to the European Union, there are many business transactions that require communication with public administration authorities. On the other hand, public administration is increasingly eager to look for support for its own tasks in the private sector. The aim of our Law Firm is to match the two worlds. We help administration to understand business entities and business entities – to comprehend administration. We support our partners in achieving their goals and expected results.

Conditions in which our Clients operate require unconventional and diverse types of actions depending on their changing needs. For this reason, legal services provided to them must be diverse and non-standard as well. We do our best to find a bespoke solution adequately suited to your needs. As a rule, we believe that only the best is good enough. The success of our Law Firm is entwined with the success of our Clients, to which we have contributed.

The main area of expertise of Kancelaria Jerzykowski i Wspólnicy sp. k. is providing legal services related to the preparation and processing of public procurement procedures.

We support our Clients taking part in public procurement procedures by providing them with analyses of terms of reference and other tender documents, assessing such documentation in terms of legal risks, and verifying bids and requests for admission to the procedure in terms of their compliance with legal regulations and expectations expressed in the terms of reference. We ensure continuous legal assistance in public procurement procedures and our lawyers act as external experts, members of tender boards or expert witnesses.

An integral part of our work is legal representation of contracting authorities, appellants and contractors joining appeal proceedings in any proceedings before the National Appeals Chamber and regional courts competent to hear appeals against the rulings of the National Appeals Chamber.

We offer services related to the management of entering into public-private partnerships, starting from their preparation, through the selection of a private partner, to the performance and monitoring of the PPP agreement.

We prepare initial assumptions for such a partnership with a few different options regarding contract-based cooperation and the form of cooperation (under a contract or through a special purpose vehicle), contribution of a public partner, including its capital involvement in specific forms of cooperation, the time-line for cooperation with a private partner, legal risks and barriers in existing legislation and ways of overcoming them. We prepare and carry out the procedure of selecting a private partner.

Our Law Firm drafts any documents required under applicable regulations for the purpose of the procedure of selecting a private partner, in particular a PPP agreement and accompanying agreements.

Our lawyers have vast experience regarding contracts financed by the EU structural funds and the Cohesion Fund. In the past, we provided assistance to beneficiaries of pre-accession projects (ISPA, Phare), and since the accession we have been involved in more than a dozen investment projects with a total value of PLN 1.5 billion. The Law Firm provides legal services to contractors delivering Technical Assistance or acting as Contract Engineers for the beneficiaries of European funds, but also offers legal services directly to project implementation units.

We successfully assist our Clients in any audits of expenditures covered by any funding that are carried out both by national institutions (Managing Authority, Audit Authority, President of the Public Procurement Office, Supreme Audit Office), as well as EU institutions involved in the implementation of projects (European Court of Auditors). We represent beneficiaries in court proceedings and administration court proceedings related to seeking the payment of funds, defence against returns and defence against the payment of financial corrections.

The Law Firm offers a comprehensive preparation of the formal and legal elements of an investment process, including the preparation of applicable agreements related to obtaining a legal title to use the property for construction purposes, and the representation of Clients before administration authorities in any procedure related to obtaining a building permit, land development conditions or a decision on environmental conditions.

Our experience is based on providing legal services in the area of construction investments with the total value of almost PLN 3.0 billion. Our portfolio includes, among others, the biggest bridge crossings, hydraulic engineering work and road investments (G and GP classes, i.e. main roads and trunk roads), professional energy installations (energy boilers, de-sulphurisation systems, co-incineration systems) and heat installations (distribution networks, boilers), water and sewage system facilities (wastewater treatment facilities, sewage systems, including vacuum technology) or complex buildings (including the underground museum recognised with prestigious awards and an opera house in a historical building).

We translate our experience into creating optimal contract solutions for the purpose of contracts concluded in investment processes, especially in general contractor agreements, subcontracting agreements or agreements entered into with designing entities.

We provide assistance in carrying out negotiations on contracts concluded in business transactions. Given our Law Firm’s profile, such contracts include mainly contracts related to investments processes, both on the side of investors (a construction works contract, including a contract on additional works, a designing works contract, an investor’s supervision contract and a project management contract) and on the side of contractors (agreements under a general contractor agreement model, subcontracting agreements, consortium agreements).

In addition, lawyers of our Law Firm work on the basis of FIDIC conditions of contract for construction (Yellow and Red books). We follow FIDIC conditions to prepare construction works contracts for public investors, as well as contracts with Contract Engineers that are to manage FIDIC-based contracts on behalf of investors.

Our Law Firm provides legal services in the area of broadly understood environmental law, including in procedures related to the issuing of decisions on environmental conditions, procedures related to obtaining waste generation permits and other authorisations provided for in the Environment Protection Law and in the Act on Waste.

Our services also include representation for the purpose of proceedings before (central and local) public administration authorities, and in particular proceedings related to the preparation of an investment process. If necessary, we also represent our Clients in administrative court proceedings.

The Law Firm provides court representation in legal disputes in court proceedings, arbitration proceedings and mediation.

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