Rules of additional work and supplementary work in construction sector have changed. Let’s see how.
Government regulation no. 191/2009. (IX. 15.) on construction activities was harmonized last December with the Civil Code (Ptk.). From now on, the Civil Code’s rules for additional work and supplementary work apply to the construction sector.
According to the Civil Code, the contractor shall also perform tasks that are determined in the contract to produce a work but were not taken into account when the contractor’s fee was agreed, and also those without which the creation of the work suitable for its designated purpose cannot occur. Therefore, additional work is actually part of the order but in case of a new item, contractors are entitled to claim payment even in case of fixed fee arrangements.
For supplementary work, the contractor shall also perform tasks that were ordered subsequently, in particular those that became necessary due to the amendment of the design, if their performance does not make the work disproportionately more burdensome. In this case work to be made is not part of the contract concluded previously between the contractor and customer, but it occurred later, during the performance. The contractor is entitled to claim payment for supplementary work even in case of standard fees.
The above rules do not apply to contracts concluded last year.