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Piotr Stenko

Senior Associate

Portrait of Piotr Stenko

Piotr Stenko

Senior Associate

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

Piotr Stenko is an attorney-at-law and senior associate in the Real Estate and Construction Department at CMS Poland.
Piotr has over ten years’ experience in advising on infrastructure, with a particular emphasis on litigation and arbitration involving infrastructural investments, as well as advice on insolvency and cross-border disputes. 

Piotr represents general contractors in litigation and arbitration involving roads (motorways, national and Voivodship roads, including based on the FIDIC template), energy, rail, and marine investments. He also advises general contractors in relation to the execution of contracts for significant infrastructural investments in the road, energy, rail (rail and tramway sector, including deliveries of rail cars), chemical, and water sectors (marine and inland water investments).

Piotr is a lawyer recommended in the Legal500 ranking in the Construction industry, and market sources indicate that “he understands the business needs of clients, knows the industry well, and his advice is also spot on and on time. They also recognise his “extensive experience” in dispute resolution.

With regard to advice on insolvency, Piotr has appeared as an attorney-in-fact for creditors (banks and commercial creditors) in a range of bankruptcy proceedings, including in connection with granted financing, consortium facility settlements, as well as in insolvency disputes (including with regard to removal of assets). He advises on bankruptcy and restructuring, including bankruptcy-associated securing of transactions.

He is the author of a range of academic publications on civil proceedings, bankruptcy law, and arbitration.

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Relevant experience

  • A consortium of contractors in a range of disputes with the client concerning settlement of an EPC-Contract for the construction of flue-gas desulphurisation installations in a power plant located in south-west Poland. The claims concerned liquidated damages for untimely performance of the contract, claims related to defects in the delivered documentation and improper co-operation by the client, as well as settlement of additional and substitute work carried out by the contractor.
  • A general contractor, one of the leading construction companies, in a multi-million PLN dispute concerning the investor’s claims for liquidated damages against consortium members related to repairs under statutory warranty in connection with the construction of an expressway [FIDIC Yellow Book].
  • The contractor and members of the contractor consortium in negotiating the EPC contract with the client, as well as negotiating consortium contracts regarding execution of the Polimery Police Project, referred to by the professional press as Europe’s “biggest and most advanced project facility” in the chemical sector.
  • A consortium leader, a renowned Austrian railway company, on a technically demanding railway project (one of the largest railway tenders on the Polish market), e.g. in relation to the performance of several hundred million PLN worth of additional works unforeseen in the tender documentation [FIDIC Yellow Book].
  • A general contractor in a dispute against the GDDKiA regarding abuse by the client of the insurance guarantee in connection with the construction of the A-4 motorway [FIDIC Red Book].
  • A general contractor, a leading Polish construction company, in a dispute against the client, a large Polish city, concerning an abuse by the client of the insurance guarantee.
  • A general contractor, a leading company from the road and marine infrastructure sector, in a dispute against the city of Szczecin concerning payment of remuneration, effectiveness of a mutual deduction of liquidated damages for delay and for performing additional and substitute works, as well as settlement of general construction and management costs in connection with execution of fairway works.
  • A general contractor from the marine sector in connection with claims related to the performance of a contract for the modernisation of the Świnoujście-Szczecin fairway (Kanał Piastowski) related to, amongst other things, acceleration costs, costs of dredging works, and demining works.
  • A general contractor, a leading construction company, in a multi-million PLN dispute concerning, among other things, claims for damages in connection with the construction of the S-3 highway [FIDIC Red Book].
  • A consortium member in an intra-consortium dispute regarding the allocation of payments obtained from the client following the effective dissolution of the consortium as a result of the bankruptcy of one of its members.
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Memberships & Roles

  • Warsaw Bar Association of Attorneys-at-Law
  • Arbitrator at the Court of Arbitration at the Association of Consulting Engineers and Surveyors
  • Polish Association of Restructuring Practitioners (Stowarzyszenie Praktyków Restrukturyzacji, SPR) 
  • European Association of Private International Law
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Education

  • 2009 - M.A., University of Warsaw, Warsaw.
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Expertise

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