In the considered case under the file no. V CSK 283/17 the Supreme Court addressed an issue of the investor’s joint liability towards the subcontractor, where the liability results from the provisions included in the Civil Code concerning agreements of construction works.

The actual state, that has been a subject of the aforementioned case, is as follows: the subcontractor concluded an agreement of demolishing a building. The subject of the agreement was an important element of a bigger construction investment. The subcontractor without problems executed the whole subject of the agreement, however did not receive the remuneration because the main contractor declared bankruptcy. That made the subcontractor take legal actions against the investor based on the provisions of the investor’s joint liability for the agreements concerning construction works.

As part of the conducted legal procedure in the judicial tribunal the parties had different opinions on whether the subject of the agreement can be regarded the construction agreement according to the art. 647 of the Civil Code, and especially whether the agreement based on which the contractor obliged to demolish a building can be qualified as such.

In a sentence of 18th January 2018 the Supreme Court decided that the demolition agreement is also a construction agreement according to art. 647 of the Civil Code. In the reasoning the Supreme Court reminded that according to the definition included in art. 3 point 7 of the act of 7th July 1994 the Building code, the term “construction works” means not only the construction itself, but also the works of rebuilding, assembling, redecoration or demolishing of the building.

In accordance to the above, the Supreme Court came to the conclusion that the rules of the Civil code on the construction agreement are also used for the works of demolishing a building. At the same time, based on those provisions, the investor bears joint liability for paying the remuneration to the subcontractors.