The Court of Appeal in Cracow overruled the judgment of the Regional Court in favour of the Firm’s Client and has ordered the defendant, a building contractor, to fully reimburse the Firm’s Client for an overpayment (totalling several hundred thousand PLN) made by her on the basis of an oral agreement, whereby the parties merely estimated the costs of a renovation, on account of which the Firm’s Client made certain advance payments, the sum of which exceeded the aggregate costs of the renovation. The Court of Appeal did not accept the defendant’s argument that the statute of limitations applied and that the agreement was a “specified work agreement” (where the limitation period is 2 years under Polish law). The Court of Appeal fully accepted the Firm’s argument that the agreement between the parties be qualified as a contract for renovation and that lack of a pre-agreed design and failure to indicate the exact remuneration in the agreement did not prevent such qualification.
File numer: I ACa 414/20
