‘Right of Access to the Site Under FIDIC – How To Properly Cooperate in the Investment Process’

Grzegorz Pawlowski, Legal and Corporate Affairs Director, DCT Gdansk SA, Poland

Contemporary infrastructural investment projects are characterized by the increasing complexity of innovative technological and architectural solutions of the objects being the main subject of implemented undertakings. The high level of complexity of the entire investment process consisting of a series of inseparable activities based on mutual dependencies between engaged participants is a great organizational challenge that enforces the necessity of ever more efficient coordination of activities, and consequently, responsibility for the decisions. From the investor's perspective, the multiplicity of entities involved in the project’s implementation leads to a blurring of liability. This significantly hinders seeking of damages and indication of the direct damage perpetrator, most often related only to a fragment of a larger whole, which is a ready and fully functional building object corresponding to the contractually agreed requirements and technical standards.

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Poland Contract Construction February 2019 Vol.12, No. 46, Winter 2019

Grzegorz Pawlowski

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Grzegorz Pawłowski, Legal and Corporate Affairs Director - DCT Gdansk, Poland A graduate of the Faculty of Law and Administration of the Nicolaus Copernicus University in Toruń, a lawyer committed to civil, commercial and corporate law in business and investment enterprises, including employee relations. As part of his professional activity, he is involved in ensuring corporate, legal and financial security of the company's investment process. Also responsible for comprehensive procurement procedures, as well as maximizing the absorption of non-returnable funding and minimizing business risks associated with the acquisition of EU funds. He takes part in representing DCT Gdansk in external contacts with the media and conducting activities towards ensuring lon-lasting partnership in the field of sustainability and social responsibility (CSR). He is responsible for building and maintaining relationships with business organizations and industry associations as well as trade unions. He twice conducted negotiations with the trade union organization on the employer's side as part of a collective dispute and effective negotiations concluded with the signing of the collective labor agreement. He publishes in professional magazines in the field of civil, commercial and EU law as well as employee relations.

DCT Gdansk SA

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DCT Gdansk is Poland’s largest and fastest growing container facility, and the only deep-water terminal in the Baltic Sea Region having direct ocean vessel calls from the Far East. Located in the heart of the Baltic in the Port of Gdansk, DCT is the most Eastern facility in the Gdansk – Le Havre range. DCT was the first terminal that attracted direct calls from Asia to the Baltic Sea and is today the destination for the largest vessels in the world departing from China, Korea and other Asian countries. This process initiated a split of the most important shipping trade-lane in the world, Asia – Europe, into Asia – North West Europe and Asia – Baltic. The terminal handles Polish import and export, transshipment and transit. With an easy nautical accessibility comprising of 17.0m deep approach channel and up to 16.5m depth along the berth, year-round ice-free access combined with operational excellence, DCT is a natural gateway for all CEE containerized trade volumes. Thanks to infrastructure investments of the Polish Government and the City of Gdansk, DCT terminal is well linked with the international hinterland which ensures its ideal position as a true Central European and Russian Gateway.

Poland Contract Construction February 2019 Vol.12, No. 46, Winter 2019