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I C 1642/15 AI generated

Civil court partially allowed construction contract claim for damages and statutory interest against defendants.

Case Number I C 1642/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The civil court partially dismissed the plaintiffs' claim for 308,266.68 PLN, ordering the defendants to pay 68,321.97 PLN plus statutory interest. The court found that while the plaintiffs failed to prove all alleged defects, the expert opinion and documentary evidence supported a portion of their request regarding the replacement of a specific building component. Consequently, the court awarded the proven damages and interest while dismissing the remainder of the claim and splitting the litigation costs between the parties.

Legislator headnote

AI generated

Art. 476 k.c.; Art. 481 § 1 k.c.; Art. 278 § 1 k.p.c.; The court may award partial damages based on expert evidence when the plaintiff fails to prove all alleged defects, while dismissing unsupported claims and allocating costs proportionally.

Keywords

AI generated
construction contract defect liability statutory interest expert opinion litigation costs partial damages burden of proof

Cited Legislation

AI generated
Art. 476 k.c.
Art. 481 § 1 k.c.
Art. 278 § 1 k.p.c.
Art. 100 k.p.c.
art. 560 § 1 k.c
Art. 556 § 1 k.c
Art. 563 § 1 k.c
art. 563 § 2 k.c
art. 103 k.c
art. 558 § 1 k.c
AI generated
I ACa 644/13
Appeal dismissed; plaintiffs failed to prove defendants used fraud to induce contract due to lack of evidence.
II Ca 819/15
Court extends defect removal deadline by six months and dismisses appeal on minor procedural grounds.
I C 155/21
Court partially allowed HOA claim for property defects but dismissed expert fee recovery due to lack of warranty rights at the time of assignment.

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