Building Contractor Did a Bad Job in Poland — How to Start a Defects Claim

You paid a Polish renovation firm, they promised solid work, and the result? A scratched floor, patchy wall paint, wiring that doesn't work. Or worse — defects only showed up months later (cracks, damp patches). You know something's wrong, but you don't know where to start with a complaint. This guide walks you through it step by step, without losing your money.

This guide is general legal information, not legal advice. How the rules apply depends on your contract, your evidence, and the circumstances — including whether the matter is treated as a consumer, civil, or commercial dispute. If you need advice or representation, the matter should be assessed by a qualified Polish lawyer or specialist. Twoja Sprawa helps you organise the documents for that assessment.

Consumer or business — does it matter?

This is the first question to ask yourself.

If you're a consumer (renovating your own flat or house for yourself), you have the strongest position. If you're acting as a business (for example letting the renovated flat out), your protection is weaker.

Two types of renovation contract — umowa o dzieło vs roboty budowlane

Before you make a claim, you need to know what type of contract you have, because it affects the limitation period (important!):

Step 1 — Gather evidence (as soon as you discover the defect)

Before you write to the firm, secure your evidence:

What to photograph / film

• ☐ Visible defects — clear photos of the defects from different angles (ideally with a ruler or object for scale)
• ☐ Close-ups — detail shots so it's clear what's wrong (e.g. a scratched floor, drips of paint, gaps in tile grouting)
• ☐ Context shots — a photo of the whole room so the overall condition is visible
• ☐ Dated evidence — smartphone photos usually carry a date in the metadata, but it's worth also photographing a clock or a dated newspaper/screen if you want to be extra sure

What to record

• ☐ A note of the day you discovered the defect — date, time, who saw it, exactly what was noticed
• ☐ A scan of the "umowa o dzieło" contract — your copy of the agreement with the renovation firm
• ☐ A scan of the invoice/contract — proof you paid
• ☐ A running photo log — a short list of defects with dates

Don't wait — if you leave it a month before starting to document things, it will already be harder to prove when the defect arose.

Step 2 — Notify the contractor (in writing!)

Never rely on a phone call alone. Notification should be in writing — by email or by registered post.

What the notice of defects should contain

[Your name]
[Your address]
[Date]

To:
[Name of the renovation firm]
[Firm's address]

NOTICE OF DEFECTS IN WORK CARRIED OUT

Contract dated: [date of contract]
Scope of works: [e.g. bathroom renovation at flat, X Street]
Contract price: [e.g. PLN 5,000]

On [date of handover / date defect discovered] the following defects were identified:

1. [Precise description of defect 1] — the defect is material / immaterial because [reasoning]
2. [Precise description of defect 2]
3. [etc.]

Under Article 638 of the Polish Civil Code (statutory warranty for defects in a specific work) and 
Article 636 (right to require rectification), you are hereby requested to **remedy the defects within 
[state a deadline, e.g. 14 days of this letter]**.

If the defects are not remedied within the stated deadline, I will be forced to [seek a price reduction / 
claim payment for remedial work carried out at your cost / withdraw from the contract and seek repayment 
of the sums paid].

Evidence of the defects is enclosed: [list of photos, videos, etc.]

Yours faithfully,
[Your signature]

How to send it

• Email — send from an address you control (e.g. Gmail, Outlook), and keep proof of sending (a screenshot or forward a copy to yourself).
• Registered post — sending it by Polish registered mail (list polecony) via Poczta Polska (the Polish state postal service) gives you a proof of delivery (a blue confirmation slip) — this carries significant evidential weight in court. Cost: roughly PLN 8–12.
• In person — if you hand it over personally, ask for a signature on two copies ("I confirm receipt of the notice of defects dated…").

Waiting for a reply:

Under Polish law the firm should respond within a reasonable time (as a rule of thumb, 7–14 days). They may:

1. Accept it — "Agreed, we'll come on 20 May and fix it."
2. Refuse it — "That's normal wear and tear, we're not liable."
3. Offer a compromise — "We'll knock PLN 500 off the price instead of doing the repair."
4. Not respond at all — the worst option for them, but it means you need to escalate.

Step 3 — What next?

Option A — The firm fixes it (happy ending)

• ☐ You agreed a date for the repair.
• ☐ Workers turned up and fixed the defects.
• ☐ Take new photos after the repair — to confirm everything is now fine (or that something is still wrong).

Matter closed — no need to go to court.

Option B — The firm reduces the price and you accept

• ☐ You asked for a 20% reduction because of the defects.
• ☐ The firm agreed: "We'll refund you PLN 1,000."
• ☐ Wait for the transfer — if it hasn't arrived within a week, move on to Option C.

Matter closed (once the money actually arrives).

Option C — The firm disputes it and does nothing

Time to escalate:

Step 1: A formal demand for payment (if you want compensation for repairs)

If you've already had the defects fixed yourself, send a formal demand for payment (wezwanie do zapłaty) containing:

• A description of the defects (again, but more specifically this time)
• The bill for the fix — invoices from another contractor, receipts for materials, if you did it yourself
• The calculation: [actual cost of repair] − [amount already paid to the original firm] = [amount owed to you]
• A payment deadline: as a rule of thumb, 7–14 days

Example: "You were paid PLN 5,000, but the work was only worth PLN 3,000 because of the defects. We demand repayment of PLN 2,000 within 14 days of this letter."

Step 2: Instructing a building surveyor

If you want to pursue compensation in court, you will need a building surveyor's report (opinia rzeczoznawcy budowlanego) confirming:

• What defects were present (a description),
• Whether the work complied with the contract and industry standards,
• What it would cost to put right,
• Whether the defects affected the usability of the property.

Cost: PLN 1,000–3,000 for a report, depending on the scope and complexity of the works.

In court proceedings, you will most likely need a surveyor appointed by the court, rather than a private one — but a private report at the early stage (to send to the firm) can still be useful.

Step 3: A claim in the Polish civil courts

If the firm refuses to cooperate and a significant sum is at stake:

• The district court (sąd rejonowy) — for claims up to PLN 100,000 (almost always the case for renovation disputes),
• A claim for remedy of defects and compensation — which may include a demand for:
• Rectification of the defects at the contractor's cost,
• A reduction in the price (if the defects cannot be fixed),
• Compensation for the cost of repairs,
• Damages for inconvenience (if the dispute has dragged on and significantly affected your life).

If you have an "umowa o dzieło" — remember the 2-year time limit!

This is very important: your right to claim for defects under an "umowa o dzieło" lasts only 2 years from handover of the work (Article 646 of the Polish Civil Code).

• Work handed over: 15 April 2023.
• Last day to rely on the statutory warranty: 31 December 2025.
• If you've already waited until April 2025, you have only 9 months left.

If the deadline passes, as a general rule you lose your right to rely on the statutory warranty (unless you can prove the defect was hidden and you only discovered it later — but this is difficult).

Act quickly if you're approaching the end of this period.

Which defects can be claimed for?

Generally, any defect that is inconsistent with the contract or with normal trade standards:

The most common mistakes when claiming for defects

• ❌ No photographic evidence — you say "the wall was badly painted," but you have no photo, and it's your word against the firm's.
• ❌ Not specifying exactly what's wrong — "the work is rubbish" isn't enough. You need to say: "the paintwork has visible drip marks, rough patches, and areas of poor coverage."
• ❌ Expecting perfection — if the contract says "standard renovation" but you expect a Rolls-Royce finish, a court won't side with you. But if the contract said "work carried out to a professional standard" and there are glaring errors — then you do have a case.
• ❌ Delaying the complaint — you wait 18 months, then suddenly say "Defects!" The firm replies, "Where were you before?" — and your credibility takes a hit. A court may suspect the deterioration is down to normal wear and tear, not the firm's error.
• ❌ Agreeing to "we'll come tomorrow" without a fixed time — always confirm, verbally or in writing, a date and a time window. Otherwise you could be stuck waiting in all day, and the workers may not turn up at all.
• ❌ Paying the full amount before the work is finished — where possible, pay in stages (e.g. 50% up front, 50% on completion). If you had to pay in advance, get written confirmation that it was a deposit, not payment in full.

When you need a building surveyor

Instruct a building surveyor (rzeczoznawca budowlany) when:

• The defects are technical and hard to prove yourself — e.g. "the wall has insufficient thermal insulation" (you need a measurement),
• You want to claim significant compensation — a surveyor can assess the cost of repair and lend credibility to your claim,
• You're heading to court — a court will find it easier to believe an expert than to take your word alone.

Where to find a surveyor: - Your local district court (sąd rejonowy) — keeps a list of court-appointed experts (building surveyors), - The Polish Chamber of Civil Engineers (Izba Inżynierów Budownictwa) — may recommend a professional, - Online — search "rzeczoznawca budowlany [your town]" and check reviews and experience.

Checklist of actions

Frequently asked questions

Can I withhold part of the payment instead of waiting for a court decision?

⚠️ No — this could be treated as unjustified withholding of someone else's money. It's generally better to pay the full amount (if the circumstances force you to) and then pursue repayment through the courts. But if the contract allows payment in stages, use that option and avoid paying in full before you see the results.

How long do I have to bring a claim if I have an "umowa o dzieło"?

2 years from the date the work was handed over (Article 646 of the Polish Civil Code). This is a strict deadline — if you miss it, you lose your right to claim. That means you need to file a court claim before those 2 years expire.

What if a defect only appears after 6 months (e.g. cracked plaster)?

If you can prove that the cracking is the result of a workmanship error (e.g. poor surface preparation, wrong plaster mix), it's still a defect covered by the statutory warranty. But you'll need a surveyor to establish this. If the defect results from normal settlement of the building, it's a harder case to make.

Does "sold as seen" also apply to renovation work?

Renovation contracts cannot be treated as "sold as seen" in the same way as, say, a flat bought from a developer. The statutory warranty for defects always applies (unless you have a B2B contract that specifically excludes it — which would be very unusual).

Can I claim compensation for inconvenience (e.g. noisy workers, mess)?

In theory you can seek damages for distress, but in practice Polish courts are reluctant to award "zadośćuczynienie" (non-pecuniary damages) for ordinary building-work inconvenience. However, if the work dragged on for months and you genuinely couldn't live normally in the property, there's more realistic scope for a claim.

Content last reviewed: 26 June 2026.

Related articles: - Contractor won't fix defects — when should you send a formal demand for payment? (in Polish) - Post-renovation snags — photos, an expert's opinion and cost estimates as evidence (in Polish) - How to put together an evidence pack for a dispute with a company? (in Polish) - Statutory warranty, guarantee, and the Polish Developer Act — which applies to defects in a flat? (in Polish)