Specialization
Construction products
The business consisting in the manufacture and sale of construction products requires not only technical facilities but also the fulfilment of a number of formal requirements under provisions of both national and EU law. In our Law Firm, we are fully aware of the needs of entrepreneurs and the barriers faced by them while operating on the market of construction products. Intensified inspections, complicated regulations and fierce price competition pose a significant challenge to entities conducting such business. That is why it is so important to be able to rely on proper legal assistance.
The team of the Law Firm involved in providing services to entities operating on the market of construction products includes experienced experts in various areas of law who understand both technical and formal aspects related to such business. As a result, we effectively support Clients at every stage of their business – from organising the production process, through packaging and labelling of products, placing them on the market, their use in construction structures and after sales service. Our Law Firm helps also during control proceedings conducted by market surveillance authorities at manufacturers or distributors and we represent their interests during proceedings concerning the imposition of penalties or suspension of sales.
Areas of practice
The Law Firm supports Clients during control proceedings conducted by Provincial Construction Supervision Inspectors (WINB) and the Chief Construction Supervision Inspector (GINB). We verify the validity of objections as to the adopted method of product labelling. Our specialists recommend actions aimed at adjusting labels and information accompanying products to meet the applicable regulations. We also help in determining rights and obligations of entrepreneurs in connection with the conducted control proceedings, including with the collection of samples for product testing. We draft documents for the purposes of proceedings conducted by construction supervision authorities, including objections to inspection reports as well as complaints and appeals against their decisions resulting in the suspension of sales, involving the obligation to recall products or imposing penalties on manufacturers or distributors.
Our team drafts or reviews contracts entered into by Clients with manufacturers of construction products to be sold as private label products (DIY) or branded products of the manufacturer. We identify the scope of documentation that must be provided by manufacturers to a given importer, producer or distributor. We explain legal aspects related to the information to be placed on the product or its label and we verify the correctness of labelling with CE marking or B construction mark. We support Clients in implementing labelling systems. Our specialists verify whether a declaration of performance (DOP) or a national declaration of performance (KDWU) has been property issued and made available. We advise on obligations resulting from the REACH and CLP regulations, including registration obligations and obligations related to the compilation of safety data sheets (MSDS).
The Law Firm supports marketing and sales departments at the stage of developing a product portfolio, as for its compliance with regulations concerning the rules for placing construction products on the market. We draft and review sales terms and conditions as well as price and discount policies. The advice provided by us refers to both legal and tax aspects of implementing promotional campaigns, competitions and marketing events. We provide opinions on the correctness of creation of promotional kits. Our lawyers assist in determining the rules for warranty and post-warranty service and the rules for accepting and handling complaints filed by buyers, including consumers.
Our Law Firm represents Clients in pre-trial proceedings and court disputes over damages resulting from improper labelling or the lack of claimed properties of construction products that may arise between the manufacturer, producer, distributor and final buyer, including investors in construction projects. We provide assistance in disputes over complaints concerning a given product or service and in-transit damage to products, including within the scope of carrier’s liability. We review the validity of claims and make recommendations on trial strategy.