Senior Associate

Mateusz Jaworski

Languages

Polish
English
Italian
German

Mateusz Jaworski is an attorney-at-law and a senior associate in the Dispute Resolution Department at CMS Poland.

He specialises in advising companies from the construction and infrastructure sector (road, rail, water, and energy infrastructure), as well as the real estate sector. He provides ongoing contractual advice to Polish and foreign general contractors, investors, designers and lessors, and represent them before Polish and foreign courts. His advice covers projects carried out in various formulas, both on the private market and in public procurement (including the build and design and build formula).

Mateusz’s experience and practice areas also include litigation advice and representing Polish and foreign clients (among others: investors, designers, general contractors) in infrastructure-related disputes regarding liquidated damages, additional and substitute works, contract rescission, claims based on the rebus sic stantibus clause, contractual indexing clauses, and joint and several liability of the investor for paying remuneration to the sub-contractor. Mateusz also represents clients in disputes arising from lease agreements, as well as related to the production sector (delivery of rail vehicles).

He also specialises in negotiating contracts, annexes and settlements regarding infrastructure-related projects.

He is the author of several publications dealing with legal aspects of contracts for construction works, in particular liquidated damages, the rebus sic stantibus clause and recission of such contracts. He is also a winner of the second prize in the Office of Competition and Consumer Protection contest for the best thesis related to competition protection.

Before joining CMS, he worked in Polish and international law firms.

Relevant experience

A general contractor of a residential-commercial investment from an international capital group before an arbitration tribunal in a dispute with an investor, as well as advice and representation in post-arbitration proceedings, ending with a favourable settlement for the client.
A general contractor in connection with two contracts for the construction of sections of an expressway in north-east Poland of a total value of over PLN 600m.
Foreign design companies in a number of court proceedings, including a dispute with a general contractor and insurer, relating to the investment involving the construction of a stadium in southern Poland worth several hundred million PLN;
A general contractor in connection with performance of a contract for the design and construction of a section of the expressway in north-east Poland of the total value of over PLN 600m, as well as litigation advice and representing the client in disputes concerning mutual claims of the parties.
A general contractor of an infrastructure investment in a series of disputes concerning the PLN 300m contract (among others: liquidated damages and additional works), as well as providing contract advice and representing the client in the guaranteed stage.
The general contractor in connection with rail and road contracts worth close to PLN 1bn, including the claims based on the rebus sic stantibus clause in connection with the increase in prices in the construction production market and subclause 13.8 of FIDIC Conditions of Contract FIDIC.
A Polish general contractor in disputes with a public investor regarding a complicated infrastructure project (water-related construction) in south-west Poland of the total contract value of just under PLN 500m, which ended with a settlement favourable for the client.
A Polish general contractor in a range of disputes concerning railway investments in various parts of Poland (including claims based on subclause 13.8 of FIDIC Conditions of Contract, claims regarding extension costs and additional works).
An investor in disputes regarding a cubic investment and pertaining to claims resulting from rescission of a contract and liquidated damages.
A general contractor in proceedings concerning liquidated damages charged by an investor and a claim based on the rebus sic stantibus clause related to the performance of a project carried out before the EURO 2012 football championship of a total value of over PLN 200m, concluded with a final partial judgment awarding the clients the entire amount of the partial claim (of a value of over PLN 20m).
An aggregate producer from an international capital group in disputes with entities involved, at various levels, in the execution of a project for the purposes of the EURO 2012 football championship, before the common courts, as well as obtaining a final judgment favourable for the client in one of the cases.
The lessor in proceedings involving claims by a former tenant for reimbursement of expenditures for construction works on a public facility worth over PLN 20m.
A general contractor in escrow proceedings initiated by the investor and involving the deposit of part of the remuneration in court as a direct payment for a subcontractor, that ended with a final judgment of major importance for the construction industry, favourable for the client.
A Polish contractor in a dispute with a public investor regarding a complicated energy project, concluded with a court settlement favourable for the client.
An IT and FinTech service provider in a dispute with the majority shareholder of a subsidiary before the common courts, resulting in a precedent-setting judgment in favour of the client (stock exchange damage).

Publications

2021 - “Miarkowanie kary umownej przy braku szkody”, Rzeczpospolita.
2021 - “Kara umowna dla wykonawcy za brak lub nieterminowe płatności dla podwykonawcy”, Rzeczpospolita.
2017 - “Zmiany zasad odpowiedzialności solidarnej - perspektywapodwykonawcy inwestycji budowlanych w branży energetycznej”.

Memberships & Roles

The Warsaw Bar Association.

Education

Warsaw Bar Association (trainee attorney-at-law).
Cardinal Stefan Wyszyński University in Warsaw (faculty of law).

Practice Areas

Dispute Resolution Real Estate

sectors

Infrastructure & Projects

Insights

Global Reach