KAROLINA SUCHENEK, ATTORNEY-AT-LAW

§ EFFECTIVE IN DISPUTES, SECURE IN BUSINESS. //

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ATTORNEY-AT-LAW

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§ I SPECIALISE IN LITIGATION AND BUSINESS LAW. //

The law firm provides legal assistance in civil, commercial and company law, focusing its practice on litigation, company law and matters arising from construction projects. It supports clients in disputes over the performance of contracts, contractual liability, corporate conflicts, commercial negotiations, and in the day-to-day running of their businesses.

Every matter is assessed in light of the client’s legal and commercial position. The choice of approach is preceded by an analysis of the available legal remedies, litigation risk, costs and the possible consequences of each decision. The strategy adopted is designed to protect the client’s business and commercial objectives effectively.

[ ABOUT ]
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Adwokat Karolina Suchenek w fotelu

01 / ATTORNEY-AT-LAW

KAROLINA SUCHENEK

ATTORNEY-AT-LAW (ADWOKAT), MEMBER OF THE WARSAW BAR ASSOCIATION. GRADUATE OF THE FACULTY OF LAW AND ADMINISTRATION, UNIVERSITY OF WARSAW.

I have experience advising businesses and companies operating in domestic and international markets, including projects involving proceedings before the U.S. Securities and Exchange Commission (SEC) conducted on behalf of Polish stock market investors.

Before founding Suchenek Legal, I gained professional experience at leading Warsaw law firms. My responsibilities included full-scope corporate work for a foreign-owned group of real estate development companies operating in Poland, as well as handling legal matters related to their business.

I specialise in civil and commercial disputes, with a particular focus on matters arising from construction contracts. I represent employers, contractors and subcontractors in disputes concerning the delivery of projects, in particular defective works, claims for payment, contractual liability and settlements between parties to the construction process.

I conduct negotiations, review and draft contracts, and provide ongoing legal advice to businesses, both while projects are under way and when a dispute arises.

I also handle corporate work for commercial companies, including incorporation, registration, conversion and liquidation, as well as changes to the composition of corporate bodies, the shareholder structure and the amount of share capital.

Every matter is assessed in light of the client’s legal and commercial position. The choice of approach is preceded by an analysis of the available legal remedies, litigation risk, costs and the possible consequences of each decision. The strategy adopted is designed to protect the client’s business and commercial objectives effectively.

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WHY DO BUSINESSES ENTRUST ME WITH THEIR MATTERS?

01

A DEDICATED STRATEGY FOR EVERY MATTER

02

LEGAL EXPERTISE COMBINED WITH A PRACTICAL UNDERSTANDING OF BUSINESS NEEDS

03

REPRESENTATION IN NEGOTIATIONS AND COURT PROCEEDINGS, AND IN DAY-TO-DAY CORPORATE ADVISORY

04

CLEAR, FACTUAL COMMUNICATION AND REGULAR UPDATES ON PROGRESS

[ CONSTRUCTION LAW ]

§ TROUBLE ON SITE? //

Construction problems are best discussed at the first signs of conflict. Early review of the contract and documentation often helps limit losses and strengthens your position in a dispute.

DELAYS / ADDITIONAL WORKS / CONTRACTUAL PENALTIES / ACCEPTANCE AND DEFECTS / WITHHELD PAYMENTS

CALL: +48 515 139 065
SEND A CONTRACT FOR REVIEW

§ LET’S TALK ABOUT YOUR BUSINESS. //

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DESCRIBE YOUR MATTER

[ EXPERTISE ]

01DISPUTES AND LITIGATION

02CONSTRUCTION LAW

03LEGAL SUPPORT FOR BUSINESSES

04CONTRACTS AND NEGOTIATIONS

05COMPANIES AND CORPORATE GOVERNANCE

§ A SINGLE MATTER OR ONGOING SUPPORT. //

The scope and terms of cooperation are tailored to the scale of the business and the client’s actual needs. Support may be ongoing or relate to a specific project.

01  SINGLE MANDATE

Handling one matter from analysis to conclusion.

  1. 01pre-litigation and court disputes
  2. 02disputes and contracts in construction projects
  3. 03drafting, reviewing and negotiating contracts
  4. 04B2B contract audit
  5. 05changes in the company and corporate documentation
DESCRIBE YOUR MATTER

02  ONGOING ADVISORY

Ongoing advisory means knowing the company, how it operates and what it needs.

  1. 01day-to-day consultations and legal advice
  2. 02risk assessment of planned business activities
  3. 03drafting and reviewing documents
  4. 04support for management boards, shareholders and business owners in decision-making
  5. 05responding to current legal issues arising in the business
  6. 06representation in disputes with counterparties and debt recovery
ASK ABOUT ONGOING ADVISORY

[ HOW WE WORK TOGETHER ]

01

CONSULTATION

I get to know the company, how it operates and its key needs.I get to know the company and the situation.

02

ANALYSIS

I analyse the situation, documents, risks and possible scenarios.Documents, risks, scenarios.

03

PROPOSAL

I set out the scope of cooperation and the fee terms.Scope and fees.

04

EXECUTION

I handle the matter or ongoing advisory and keep you updated on progress.I handle the matter and keep you updated.

[ TRUST ]

CONTRACT AND DISPUTE

IN ONE PAIR OF HANDS, FROM DRAFTING TO COURT

ALL INSTANCES

REPRESENTATION BEFORE COMMON AND ARBITRATION COURTSCOMMON AND ARBITRATION COURTS

ALL OF POLAND

FULL LEGAL SERVICE ONLINE

PARTNERSHIP

CLEAR, FACTUAL COMMUNICATION AND REGULAR UPDATES ON PROGRESSCLEAR COMMUNICATION AND REGULAR UPDATES

[ SELECTED CASES ]

§ CASES FROM PRACTICE. //

[ CONSTRUCTION LAW ]

Contractual penalties held not due

General contractor’s dispute with the investor

Client
General contractor, residential development
Problem
The investor charged contractual penalties for delay and deducted them from the retained fees withheld from each invoice. Those amounts were to be released after the investor accepted the works and approved the final invoice.
Action
The case showed that the delay resulted from changes introduced by the investor during the project, including an extended scope of works and errors in the design documentation, and not from any fault of the contractor.
Outcome
The court held the penalties were not due. The contractor recovered PLN 1.5 million in fees together with interest.

[ COMPANIES ]

Company unblocked

After more than a year of deadlock between 50/50 shareholders

Client
Limited liability company, two shareholders with 50% each
Problem
With an equal split of shares, the shareholders’ conflict blocked the adoption of resolutions. After one management board member, who was also a shareholder, resigned, the company’s management board remained vacant, threatening to paralyse the company.
Action
For over a year the firm provided ongoing support to the company: shareholders’ meetings, appointment of a new management board and negotiations between the shareholders.
Outcome
The other shareholder agreed to sell their shares and the company resumed operations. The new articles of association make it impossible to block the company’s operations in the event of a future shareholder conflict.

[ DEBT RECOVERY ]

Settlement at the first hearing

After a year of withheld payments

Client
Bread producer, contract for deliveries of bread to a supermarket chain
Problem
The counterparty had withheld payment of VAT invoices for almost a year while assuring the creditor that it would soon settle the whole debt. Because of regular deliveries to the chain of stores, the debt was growing rapidly.
Action
The company had put in place ongoing cooperation with the firm in good time, which made it possible to assemble the necessary evidence: the supply agreement, payment demands, delivery receipts signed with every delivery, email correspondence and witness testimony. A claim was filed for payment of the full remuneration due together with the costs of proceedings.
Outcome
The parties reached a court settlement at the first hearing. This proved faster and safer than conducting the entire first-instance proceedings and eliminated the risk of the debtor appealing the judgment.

§ LET’S TALK ABOUT YOUR BUSINESS. //

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DESCRIBE YOUR MATTER
Adwokat Karolina Suchenek w fotelu

§ DIRECT CONTACT, A QUICK RESPONSE AND SOLUTIONS THAT TAKE INTO ACCOUNT THE LEGAL, FINANCIAL AND BUSINESS ASPECTS OF YOUR MATTER. //

CONTACT THE LAW FIRM

The law firm is based in Warsaw but acts for clients across Poland. Meetings, consultations and ongoing advice can take place online, and court representation is provided wherever the proceedings are held.

WIDOK 8/5, 00-023 WARSAW, POLAND
+48 515 139 065
kancelaria@suchenek.legal

Adwokat Karolina Suchenek, portret
Adwokat Karolina Suchenek w fotelu

[ FORM ]

[ DESCRIBE YOUR MATTER → ]

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DISPUTES AND LITIGATION

§ I DO NOT RECOMMEND LITIGATION AT ANY COST. I POINT TO THE SOLUTION THAT IS LEGALLY JUSTIFIED, ACHIEVABLE AND COMMERCIALLY SENSIBLE. //

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PROBLEM

Disputes are an inherent part of doing business. They may concern a contract that has not been performed, settlements with a counterparty, liability for damage, relations between shareholders, acts of unfair competition or damage to a company’s reputation.

EXPERIENCE

The firm handles civil and commercial disputes. It represents businesses before common courts at all instances, most often in complex commercial damages cases and high-value claims.

SCOPE OF WORK

Every matter begins with an analysis of the situation, the available evidence, litigation risk and the realistic chances of achieving the desired result.

The first step is to pursue an amicable settlement. Where litigation cannot be avoided, the firm represents clients at every stage, focusing on the litigation strategy most favourable to them. Depending on the nature of the dispute, claims can be secured before or during the proceedings. Representation covers negotiation and mediation, proceedings before common and arbitration courts, and enforcement proceedings.

COMMERCIAL LITIGATION

disputes concerning the conclusion and performance of commercial contracts, including non-performance or improper performance / claims for payment of fees / claims for damages and contractual penalties / disputes concerning performance security for contractual obligations / actio pauliana claims to declare transactions ineffective against creditors / disputes concerning quality guarantees, statutory warranty and liability for defects / defence against unfounded claims by counterparties / unfair competition disputes / claims for damage to a company’s reputation / securing claims before or during proceedings

CONSTRUCTION LITIGATION

managing conflicts and disputes between parties to the construction process at the pre-litigation stage, including mitigating legal and financial risks / disputes over the settlement of works under construction contracts between all parties to the construction process / disputes over improper performance of construction contracts, set-offs, withdrawal from contracts and the imposition of contractual penalties / disputes concerning defects revealed in completed construction works / damages claims for improper performance of construction contracts, the engagement of substitute contractors and additional costs of the works

CORPORATE LITIGATION

damages claims against members of corporate bodies for harm caused in connection with their office, and protection of officers against liability / challenges to resolutions of shareholders’ meetings and general meetings, including actions for a declaration that resolutions contrary to law are invalid and for the annulment of resolutions contrary to the articles of association or good practice, harmful to the company’s interests or intended to harm shareholders / disputes over agreements between shareholders concerning claims arising from corporate relationships and the exercise of rights under articles of association / shareholders’ derivative claims for damage caused to the company (actio pro socio) / post-transaction disputes / disputes over depriving a shareholder of voting rights / disputes concerning non-compete obligations of shareholders and board members / proceedings for the exclusion of a shareholder, redemption of shares and dissolution of the company / disputes concerning the valuation of shares of minority shareholders subject to squeeze-out / disputes concerning the subsidiary liability of management board members for the obligations of a limited liability company

CONTACT THE LAW FIRM

The law firm is based in Warsaw but acts for clients across Poland. Meetings, consultations and ongoing advice can take place online, and court representation is provided wherever the proceedings are held.

CONTACT THE LAW FIRM

CONSTRUCTION LAW →

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CONSTRUCTION LAW

§ LEGAL SUPPORT FOR DEVELOPERS AND CONSTRUCTION COMPANIES IS THE LEADING AREA OF MY PRACTICE. //

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PROBLEM

Delivering a construction project requires precise contracts, a proper allocation of liability and a quick response to problems that arise during the works. Delays, additional works, defects, contractual penalties or fee disputes can push back completion and reduce the profitability of the entire project.

SCOPE OF WORK

The firm supports employers, developers, general contractors, subcontractors and suppliers at the preparation and delivery stages of projects. It drafts and negotiates contracts, analyses risks and helps resolve disputes arising from construction contracts.

SUPPORT MOST OFTEN COVERS

drafting and negotiating construction contracts / agreements with general contractors, subcontractors, designers and suppliers / analysis of liability and allocation of contractual risk / fees, settlements and payment security / additional and substitute works and reductions in scope / delays, extensions of time and contractual penalties / acceptance of works, defects, guarantees and statutory warranty / withdrawal from contracts and settlement after termination / pursuing claims and defending against unfounded demands / negotiation, mediation and litigation / defence against claims by employers or contractors / disputes between employers, contractors and subcontractors

OUTCOME

Construction problems are best discussed at the first signs of conflict. Early review of the contract and documentation often helps limit losses and strengthens your position in a dispute. The firm acts for construction companies across Poland.

LEGAL SUPPORT FOR DEVELOPERS

The firm provides developers with legal support in preparing and delivering projects, helping to structure relationships with unit buyers, general contractors, subcontractors and suppliers so as to limit financial risk and ensure smooth delivery.

DEVELOPERS: SUPPORT MOST OFTEN COVERS

drafting and reviewing development, reservation and preliminary sale agreements / reviewing documents provided to unit buyers / working with notaries on contract documentation / drafting and negotiating agreements with the general contractor, subcontractors and suppliers / ongoing advice during project delivery / support with handovers, reported defects and complaint procedures / assessing the validity of buyers’ claims / protection against unjustified or excessive liability / pursuing the developer’s claims against contractors and suppliers / negotiation, mediation and litigation

SCOPE OF SUPPORT

The scope of support is tailored to clients’ actual needs: from preparing documentation and contracts with buyers, contractors and suppliers, through ongoing advice during project delivery, to conducting mediation and court proceedings.

Throughout the project the client has direct contact with the attorney handling the matter. The solutions proposed take into account the legal, financial and operational conditions of the project.

CONTACT THE LAW FIRM

The law firm is based in Warsaw but acts for clients across Poland. Meetings, consultations and ongoing advice can take place online, and court representation is provided wherever the proceedings are held.

CONTACT THE LAW FIRM

← DISPUTES AND LITIGATION

LEGAL SUPPORT FOR BUSINESSES →

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LEGAL SUPPORT FOR BUSINESSES

§ THE SCOPE AND TERMS OF COOPERATION ARE TAILORED TO THE SCALE OF THE BUSINESS AND THE CLIENT’S ACTUAL NEEDS. SUPPORT MAY BE ONGOING OR RELATE TO A SPECIFIC PROJECT. //

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PROBLEM

The firm gives businesses ongoing access to legal support. Business decisions are made with a clear view of their legal consequences.

SCOPE OF WORK

The firm prepares payment demands, letters to counterparties, and terms and conditions of sale and service. It handles disputes with customers and counterparties, from negotiation to court and enforcement proceedings.

ONGOING ADVISORY

With ongoing advisory, the firm knows the company, how it operates and what it needs. Problems can be resolved before they turn into costly disputes.

SUPPORT MOST OFTEN COVERS

payment demands and debt recovery / disputes with customers and counterparties / terms and conditions of sale and service / letters and responses to counterparties / ongoing consultations and legal advice / risk assessment of planned business activities / choosing the legal form of the business / drafting and reviewing documents / negotiations and settlement talks / dealings with authorities and other institutions

CONTACT THE LAW FIRM

The law firm is based in Warsaw but acts for clients across Poland. Meetings, consultations and ongoing advice can take place online, and court representation is provided wherever the proceedings are held.

CONTACT THE LAW FIRM

← CONSTRUCTION LAW

CONTRACTS AND NEGOTIATIONS →

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CONTRACTS AND NEGOTIATIONS

§ I DRAFT A CONTRACT AS A TOOL FOR PROTECTING THE CLIENT’S CAPITAL AND NEGOTIATING POSITION. //

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PROBLEM

A good contract should set clear rules of cooperation, allocate risk appropriately and protect the business if the other party fails to perform.

SCOPE OF WORK

The firm drafts, reviews and negotiates contracts in light of the client’s business and the purpose of the planned cooperation. It identifies risky provisions, explains their practical consequences and proposes solutions that properly safeguard the client’s interests.

B2B CONTRACT AUDIT

The firm also carries out B2B contract audits, reviewing agreements concluded with other businesses.

SUPPORT MOST OFTEN COVERS

drafting and reviewing commercial contracts / reviewing draft contracts submitted by counterparties / negotiating terms of cooperation / service, supply and cooperation agreements / construction contracts and subcontracts / management contracts / preparing annexes, agreements, notices of termination and withdrawal / assessing provisions on fees, liability, contractual penalties, guarantees and statutory warranty / analysing risks arising from entering into, performing or terminating a contract

OUTCOME

The contract sets out the rules on payment, liability, contractual penalties, security and termination. Their level is matched to the value of the project.

CONTACT THE LAW FIRM

The law firm is based in Warsaw but acts for clients across Poland. Meetings, consultations and ongoing advice can take place online, and court representation is provided wherever the proceedings are held.

CONTACT THE LAW FIRM

← LEGAL SUPPORT FOR BUSINESSES

COMPANIES AND CORPORATE GOVERNANCE →

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COMPANIES AND CORPORATE GOVERNANCE

§ MY ROLE GOES BEYOND PREPARING DOCUMENTS. IT MEANS TAKING CONCRETE STEPS TO SET SOUND RULES FOR HOW THE COMPANY OPERATES AND HOW SHAREHOLDERS RELATE TO ONE ANOTHER, SO AS TO REDUCE THE FUTURE RISK OF LIABILITY, CONFLICT AND BUSINESS DISRUPTION. //

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PROBLEM

Decisions in a company must comply with the law, and its documentation and the actions of its corporate bodies must be in order.

SCOPE OF WORK

The firm provides companies with ongoing legal support: from choosing the legal form and registration, through day-to-day advice for the management board and shareholders, to ownership changes, reorganisation or winding up.

The scope of cooperation is tailored to the size of the company, its ownership structure and stage of development. It includes preparing the necessary documents, explaining the legal consequences of planned actions and helping to implement solutions that allow the business to run smoothly and safely.

SUPPORT MOST OFTEN COVERS

choosing the legal form of the business / incorporating and registering partnerships, companies, associations and foundations / drafting and amending articles of association and statutes / shareholder agreements / resolutions, minutes, by-laws and other corporate documentation / handling shareholders’ meetings and general meetings, supervisory board and management board meetings / changes of shareholders, board members and other officers / increasing and reducing share capital / redemption and pledging of shares / share sale and acquisition transactions in commercial companies / transactions involving enterprises and their organised parts / filing changes with the National Court Register (KRS) / legal opinions and analyses in company law / legal due diligence of companies and businesses / ongoing advice for management boards, shareholders and owners / ownership changes, mergers, demergers and reorganisations of commercial companies / liability of board members / shareholder disputes and challenges to resolutions

ONGOING SUPPORT FOR THE BOARD AND SHAREHOLDERS

As part of ongoing cooperation, the firm helps the management board and shareholders assess the legal consequences of planned decisions, prepares the required documentation and ensures that corporate changes are carried out correctly.

CONTACT THE LAW FIRM

The law firm is based in Warsaw but acts for clients across Poland. Meetings, consultations and ongoing advice can take place online, and court representation is provided wherever the proceedings are held.

CONTACT THE LAW FIRM

← CONTRACTS AND NEGOTIATIONS