Poland
In Poland, multi – party agreements have not yet been introduced in construction projects and there are no pending discussions in this respect. However, more and more investments are implemented with use of BIM, also in the public sector. In 2018, the Polish Road and Highway Agency organised the first public tender which aims to introduce the BIM methodology in the design and build contract with regard to road investment. For the first time the public authority decided to carry out a technical dialogue with potential contractors to precisely define the BIM objectives in relation to the contractors’ capabilities and competencies. The same procedure was applied in respect of the tender aiming to appoint the contract engineer to make sure that the chosen management company will be capable of observing the set BIM requirements.
It is worth noting that according to Polish law, co-operation of the parties to the agreement is one of the key principles of fulfilment of contractual obligations. Therefore, if, for example, an employer does not co-operate with the contractor during the construction works, it may be liable towards the contractor for damages suffered by the contractor due to the lack of co-operation.
