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Michal Bork

Counsel
Legal Advisor

CMS Cameron McKenna Nabarro Olswang Pośniak i Bejm sp.k.
Warsaw Financial Centre
ul. Emilii Plater 53
00-113 Warsaw
Poland
Languages Polish, English

Michał Bork is a legal advisor and Counsel in the Real Estate and Construction Department of the CMS office in Poland. He provides legal advice in all aspects of investment law.

Michał specialises in legal assistance with regard to investment law, including provision of legal services to entities performing FIDIC-type construction contracts, design contracts, and development agreements. He also represents clients in the construction court's disputes before state and arbitration courts. Michał advises also on real estate transactions, including the purchase and sale of office buildings, shopping malls and real property - owning companies.

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Relevant experience

  • Legal advice for the general contractor of the National Stadium in Warsaw covering all legal aspects related to the construction of the National Stadium, including issues concerning the performance of the contract with the employer, preparing draft contracts with subcontractors, including general conditions of contracts, negotiating understandings/annexes/settlements with employers and subcontractors.
  • Legal advice for the consortium of the general contractor performing the project of expansion and modernisation of a sewage treatment plant in Gdańsk in court proceedings and proceedings to grant an injunction against the employer in relation to a dispute for the payment of funds under the performance bond securing the proper performance of the contract.
  • Comprehensive legal advice for the consortium of the general contractor carrying out the modernisation and expansion of the “Sitkówka” wastewater treatment plant in Kielce, carried out on the basis of public procurement law based on the FIDIC “design & build” formula (preparing claims to the Contract Engineer, documents filed in relation to the settlement committee, arbitration proceedings, legal opinions regarding the interpretation of the contract, executing annexes and settlements with the employer)
  • Comprehensive legal advice for the consortium of the general contractor carrying out the construction of the Nowa Łódź Fabryczna train station carried out on the basis of public procurement law based on the FIDIC “design & build” formula (preparing claims to the Contract Engineer, legal opinions regarding the interpretation of the contract, executing annexes and understandings with the employer and subcontractors).
  • Comprehensive legal advice for the general contractor carrying out the construction of the part of the Rail Baltica railway carried out on the basis of public procurement law based on the FIDIC “design & build” formula (preparing claims to the Contract Engineer, legal opinions regarding the interpretation of the contract, executing annexes and understandings with the employer and subcontractors).
  • Legal advice for the Israeli developer in relation to matters connected with spatial planning in the context of the Warszawa Wilanów project.
  • Legal advice for an investment fund in matters connected with the management of real estate in relation to two office buildings in Warsaw.
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Education

  • 2004 - Master of Arts, Faculty of Law and Administration of Warsaw University,  
  • 2005 - Centre for American Legal Studies, co-organised by the Faculty of Law at the University of Florida
  • 2009 - Legal Advisor, Warsaw Bar of Legal Advisors, Warsaw
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Memberships

  • Member of Warsaw Bar of Legal Advisors
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Expertise

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25 April 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...