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Michal Bork

Counsel
Legal Advisor

CMS Cameron McKenna Nabarro Olswang Pośniak i Bejm sp.k.
Varso Tower
Chmielna 69,
00-801 Warsaw
Poland
Languages Polish, English

Michał Bork is an attorney-at-law with over 15 years’ experience and a Counsel in the Real Estate and Construction Department at CMS.

Michał advises in the scope of broadly understood investment law, which includes support in preparing and negotiating construction work agreements (including FIDIC model agreements), developer agreements, as well as advice related to management of construction projects, including for TJX, Otto, Ocado, and UL.

In his practice to date, Michał has also advised clients in connection with the implementation and settlement of the largest sports investments in Poland (National Stadium, Śląski Stadium, Municipal Stadium in Wrocław, and Gdańsk Stadium), railway investments (e.g. Rail Baltica, Łódź Fabryczna), as well as in connection with the implementation of a number of wastewater treatment plants (Westyczna wastewater treatment plant, which involved providing legal services to Czajka), in Kielce (Sitkówka wastewater treatment plant) and in Gdańsk.

Michał regularly advises clients on disputes involving their projects and has extensive experience in providing comprehensive advice to general contractors of construction projects.

Michał is recommended by Chambers Europe and Legal500 analysts.

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Relevant experience

  • OCADO on advice concerning an agreement for the construction of the automated fit-out of a large distribution centre for an international concern from the e-commerce sector.
  • TJX on a range of template agreements in an investment process on the basis of the terms of the FIDIC rainbow contract (including a set of design and build and build agreements, servicing agreements, etc.), as well as negotiations concerning comprehensive fit-out of a logistics centre with automatics, installations and building systems, and shelves.
  • OTTO Group in the conclusion of a developer agreement with Panattoni concerning a comprehensive service of designing and constructing a warehouse on property in Iłów, as well as servicing the acquisition of this property by the target company Otto.
  • UL on build-to-suit project regarding development and leasing of the electric vehicle (EV) and industrial large-scale battery laboratory and agreement with Laboratory Systems Integrator as well as other contractors and suppliers on engineering and project management services for procurement, integration, installation and commissioning of the equipment and instrumentation for the Laboratory.
  • Lufthansa Technik i GE Aviation on the tender process of appointing contractors and negotiating of the FIDIC design & build and turn-key contracts for designing and development of the MRO and Test Cell facilities intended for maintaining and testing of airliners’ engines located in Środa Śląska.
  • Torpol S.A. / Astaldi S.p.A. on advice for the consortium leader of the general contractor constructing the Nowa Łódź Fabryczna railway station, including advice related to relations with employers, subcontractors and designers, representing the client in court disputes and mediation proceedings (costs related to extending the completion time and additional works).
  • Torpol S.A. in relation to the contract for the design and performance of construction work for modernising the E75 Rail Baltica (Warsaw – Białystok – Lithuanian border) railway, stage I.
  • Max Bögl Polska Sp. z o.o. and Max Bögl Stiftung & Co. KG in relation to the construction of the City Stadium in Wrocław (including mediation proceedings, injunction proceedings, court disputes).
  • Consortium of companies Alpine Construction Polska Sp. z o.o., Alpine Bau Deutschland AG, Alpine Bau GmbH on advice for the general contractor of the National Stadium in Warsaw during court proceedings related to defence against payment of liquidated damages, as well as with payment of funds from a bank guarantee (including proceedings for an injunction).
  • WTE Wassertechnik GmbH, Degrémont Société Anonyme, Hochtief Polska S.A. and WTE Wassertechnik Polska Sp. z o.o. on advice for a consortium of the general contractor carrying out a project involving the modernisation and extension of the Sitkówka wastewater treatment plant in Kielce.
  • WTE Wassertechnik GmbH on advice for a member of the general contractor which is carrying out the construction of the Czajka wastewater treatment plant in Warsaw.
  • Veolia and other consortium members in the litigation and settlement regarding the development of the sewage treatment plants in Gdańsk.
  • La Lorraine on advice concerning the construction of a large industrial facility in the Warsaw region.
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Memberships & Roles

  • Member of Warsaw Bar of Legal Advisors
  • Warsaw Bar Association
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Education

  • Master of Arts, Faculty of Law and Administration of Warsaw University.
  • Centre for American Legal Studies, co-organised by the Faculty of Law at the University of Florida.
  • Legal Advisor, Warsaw Bar of Legal Advisors, Warsaw.
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Expertise

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18/12/2019
CMS advises on the sale of the Warsaw Financial Center
CMS has advised Allianz Real Estate and Curzon Capital Partners III, L.P. (CCP III), managed by Tristan Capital Partners - a London-based real estate investment management boutique, on the sale of the...
17/07/2019
CMS advises Motel One on first investment in Poland
CMS has advised Motel One, a German network of hotels operating across Europe, on its entry onto the Polish market and the acquisition of the first Motel One hotel in Warsaw. The Motel One hotel, opened...
25/04/2019
CMS advises on one of the first projects in Poland consisting in the construction...
CMS lawyers are providing advice in relation to an investment project regarding a private dormitory developed by Alkyon Partners in Kraków. The scope of works assigned to CMS' Real Estate and Construction...
28/02/2019
CMS advises on the sale of an office building and its conversion into a...
CMS’s real estate team has advised REInvest Asset Management, a pan-European Asset Manager based in Luxembourg, on the sale of the PAR Tower office building in Warsaw and its conversion into a hostel...
12/05/2017
Six new counsels at CMS
CMS consistently focuses on developing specialised sector teams and specialist legal services, and this year nominates the following counsels:Adriana Andrzejewska, who specialises in real estate trans­ac­tions Michał...
09/12/2016
CMS lawyers bring an end to disputes over the construction of the National...
CMS has successfully conducted negotiations related to the amicable settlement of long-running disputes concerning the construction of the National Stadium in Warsaw. By way of lengthy negotiations and...