I C 1208/17
AI generated
Court dismissed claim for extra work payment, ruling plaintiff knew no contract amendment existed.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the plaintiff's claim for 186,137.94 PLN regarding additional construction work performed without a formal contract amendment. The plaintiff admitted executing work despite knowing the director would not agree, violating the requirement for written consent under the contract. Consequently, the court ruled the performance was unjustified and barred recovery under unjust enrichment principles.
Legislator headnote
AI generatedArt. 410 § 2 k.c.; Art. 411 pkt 1 k.c.: A party cannot claim return of unjustified performance if they knew they were not obligated to perform, as demonstrated when a contractor executed work without a required contract amendment despite awareness of the lack of authorization.
Keywords
AI generated
unjust enrichment
contract amendment
additional works
knowledge of obligation
civil procedure costs
Cited Legislation
AI generatedArt. 410 § 2 k.c.
Art. 411 pkt 1 k.c.
Art. 98 § 1 k.p.c.
Art. 99 k.p.c.
Dz. U. z 2015, poz. 1804
art. 647 k.c
art. 355 § 1 k.c
art. 410 § 2 k.c
art. 410 § 1 k.c
art. 411 pkt 1 k.c
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Court allows contractor's claim for additional construction work not covered by initial lump sum contract.
I AGa 12/21
Appeal court dismissed plaintiff's claim due to statute of limitations, ruling the debt expired before filing.
VIII GC 316/11
Court partially allowed claim for construction overpayment, awarding 67% of damages and splitting court costs proportionally.