Terminating or Withdrawing from a Building Contract
Building a house or running a larger renovation is dragging on for months longer than planned, the contractor keeps disappearing from the site for weeks at a time, or the work isn't matching the project. At some point, the client starts wondering whether they can simply end the contract with that firm — and what happens to the money already paid for work already done. This guide explains when withdrawing from a building contract (umowa o roboty budowlane) is legally possible in Poland, and how work already in progress gets settled.
This guide is general legal information, not legal advice. How the rules apply depends on your individual circumstances — the contract, the evidence, and whether the matter is consumer, civil, or business-to-business. If you need advice or representation, the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.
Key points
- How the contract is classified matters. A "specific-task" contract (umowa o dzieło — smaller renovation jobs) is treated differently under Polish law from a building contract (umowa o roboty budowlane — larger projects, a building structure, a construction log). The line between the two can be disputed and needs a lawyer's assessment ⚠️.
- A delay can justify withdrawal even before the deadline — where it is so serious that finishing on time becomes unlikely.
- Defective work, or work that doesn't match the contract, is a separate ground for action — usually preceded by a written demand to correct the way the work is carried out, with a deadline set.
- Withdrawal can also come from the contractor's side, if the client fails to cooperate or fails to pay as agreed — under the general rules on reciprocal (mutual) obligations.
- Settling work already done is a separate, often contentious stage — it requires valuing the work completed, materials used, and costs incurred.
- Site documentation (the construction log, site reports, correspondence, progress photos) determines whether, if there's a dispute, you can actually show at what stage the collaboration broke down.
Specific-task contract vs. building contract — why the distinction matters
Before considering withdrawal, it's worth establishing what kind of contract you actually have. The Polish Civil Code (Kodeks cywilny, KC) regulates the specific-task contract (umowa o dzieło, Articles 627–646 KC) and the building contract (umowa o roboty budowlane, Articles 647–658 KC) separately. A specific-task contract typically covers smaller renovation jobs ending in a defined result, while a building contract covers larger projects — constructing a structure, works requiring a design and construction documentation.
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Request a free initial assessmentThis has practical consequences — limitation periods, for instance, are calculated differently: for a specific-task contract it's 2 years from delivery of the work (Article 646 KC), while for building contracts the general rules under Article 118 KC apply ⚠️. The line between the two contract types can be disputed, especially for larger renovations — assessing it requires a lawyer's input ⚠️.
Withdrawing before the work is finished — when the client doesn't have to wait it out
The Civil Code sets out several situations in which the client (investor) can end the collaboration with the contractor before the works are complete.
- Delay threatening the deadline (Article 635 KC) — if the contractor is so far behind in starting or finishing the work that it becomes unlikely they will complete it on time, the client can withdraw from the contract even before the completion deadline, without having to set a further deadline first. ✅
- Client's withdrawal while work is in progress (Article 644 KC) — the provisions on specific-task contracts allow the client to withdraw from the contract at any point before the work is finished, though — if this provision applies — it can trigger significant financial obligations towards the contractor, so it should not be treated as a "cheap" way of getting out of a contract ⚠️.
Worth stressing: the provisions above apply, on their face, to specific-task contracts. Whether — and to what extent — they also apply to building contracts (e.g. via cross-references elsewhere in the Civil Code) depends on how the specific contract is classified and requires a lawyer's confirmation ⚠️ — the rules should not be assumed to carry over automatically between the two contract types.
Defective work, or work that doesn't match the contract (Article 636 KC)
If the problem isn't the pace of the work but its quality — the contractor is building in a way that doesn't match the design, using different materials than agreed, or making workmanship errors — a different route may apply. The client can call on the contractor to change the way the work is being carried out, setting an appropriate deadline for this, and once that deadline passes without result, withdraw from the contract, or have the correction or remaining work carried out by someone else at the contractor's expense (Article 636 KC). ✅
The conditions for demanding substitute performance "at the contractor's expense" (e.g. how those costs are worked out) need confirming against the specific facts of the case ⚠️. In practice, before withdrawing on these grounds, it's worth: putting together a written demand describing the defects and the ways the work departs from the contract or design, setting a reasonable deadline for correction, keeping proof that the demand was delivered, and documenting the state of the works before and after the deadline passes (photos, a written description, possibly an expert opinion).
Withdrawal on the contractor's side
The right to end the collaboration isn't reserved for the client alone. Under the general rules on reciprocal (mutual) obligations, if one party fails to perform on time (for example, the client doesn't pay the next instalment or doesn't give access to the site), the other party can set an additional deadline, and once it passes without result, withdraw from the contract (Article 491 KC). ✅ A party that fails to perform, or performs improperly, is liable for any resulting loss, unless it isn't responsible for the failure (Article 471 KC). ✅ The exact conditions for such a withdrawal, and how it affects the settlement of work already done, need assessing on the facts of the specific case ⚠️.
Effects of withdrawal and settling work in progress
Withdrawing from a building contract rarely closes the matter in practice — it usually opens a contentious stage over how to settle work already carried out, materials used, and any losses. Depending on the circumstances, this can involve:
- Payment for the part of the work actually completed — this usually needs a valuation (e.g. by a surveyor/expert) compared against the scope of the contract ⚠️,
- Settling advance payments and deposits — whether a payment counted as a zadatek (an earnest-money deposit under Article 394 KC, which can entitle the other side to double it back if the paying party defaults) or as a simple advance (zaliczka, which is generally refundable) depends on what the contract says ✅ (details depend on the contract ⚠️),
- The cost of having another firm finish the work — the cost difference can form part of the settlement, but it needs to be documented and legally assessed ⚠️,
- Damages for non-performance or improper performance, under Article 471 KC, where a concrete, quantifiable loss can be shown. ✅
It's not worth assuming, from the outset, a specific settlement figure or how long the dispute will take to resolve — what can actually be recovered, or what may have to be paid out, depends on the evidence, the valuation of the work done, and the court's or mediator's assessment.
Documentation that decides how strong the case is
Before withdrawing from the contract, it's worth having in place:
| Document | Role |
|---|---|
| Written contract with a schedule and scope of works | The basis for assessing whether the deadline or quality has been breached |
| Construction log / site reports | Evidence of how the work progressed and of any stoppages |
| Correspondence with the contractor (emails, texts) | A record of problems raised and attempts at an amicable resolution |
| Photos and video of the works at each stage | Evidence of how much work had been completed at a given point |
| Invoices, receipts, proof of payment | The basis for settling amounts already paid |
| Written demand to change the way the work is carried out, or to fix defects | A formal precondition before withdrawing on grounds of defective work |
Frequently asked questions
Can I withdraw from the contract if the contractor is only a little behind schedule?
A minor, one-off delay usually isn't enough — it has to be serious enough that finishing on time becomes unlikely. Where that threshold sits depends on the circumstances and needs assessing case by case ⚠️.
Do I have to send a demand first before I can withdraw from the contract?
For defective work — yes, the rules require a prior written demand with a deadline for correction. Whatever the ground for withdrawal, a written demand always strengthens your evidential position.
What happens to materials the contractor bought for the site?
This forms part of the settlement after withdrawal — it depends on who owns the materials at that point and what the contract provided for ⚠️.
Does withdrawing from the contract mean I don't have to pay for work already done?
No. Withdrawal generally doesn't release you from settling up for work actually carried out and accepted — what's usually disputed is the valuation and scope of that work, not the underlying principle that it must be paid for.
Need help with a case like this?
If a build or renovation has stalled in a dispute with a contractor and you're considering withdrawing from the contract, it's worth first organising your documentation — the contract, correspondence, and evidence of work done and payments made — before sending any letter. Describe your situation (in Polish) — we can help prepare the documents for a lawyer's further review.
Related articles: - The contractor took a deposit and didn't finish the renovation — what can you do? - Dispute with a building crew — the most common mistakes - The contractor won't fix the defects — when should you send a formal demand for payment?
Last verified: 11 July 2026.