“Nothing that’s great is done in isolation”.

We believe in the power of collaboration and teamwork, which are essential to achieving excellence in the delivery of legal services and the best results for our clients.

About the firm

KKP is a law firm that goes beyond the ordinary. Our mission is based on looking to the future, striving for higher standards and learn more building with passion and commitment. Our approach emphasises confident but bold solutions, with the client’s interests at the forefront. In providing legal services, we build lasting relationships based on trust, reliability, and an individual approach to each case.

We have a particular interest in the real estate market, including construction contracts, the financial market, and litigation. Regardless of the size of the project, we are always ready to meet our clients’ most complex challenges.

Our strengths:

Experience and expertise: Our team is made up of experienced and highly effective lawyers.

Individual approach: We treat each project individually. We tailor our services to your specific needs.

Speed, efficiency and positive energy: We act quickly and efficiently. We have the energy and optimism to find solutions, always in the best interest of our clients.

Transparency: The foundation of our work is transparency in our actions and clarity in our communication with clients.

Please feel free to look over our offer and try our services.

KOREAN DESK

왜 Korean Desk를 괄호 앞에 두나요? 우리는 한국 기업들과 프로젝트를 수행한 독특한 경험을 가지고 있기 때문입니다. Korean Desk는 폴란드에서 활동하는 한국 기업들을 지원합니다. 우리는 한국 자본이 투입된 대형 프로젝트를 처리한 경험이 있으며, 회사 설립부터 일상적인 법률 지원 및 계약 관리, 분쟁 대리까지 모든 단계에서 지원을 제공합니다.

우리 팀에는 한국어를 구사하는 컨설턴트들이 있습니다.

Offer

REAL ESTATE AND CONSTRUCTION LAW

One of our law firm’s leading specialisations is providing legal assistance in the field of construction law and real estate projects. We provide legal services at all stages of the investment process, both on the investor’s side and on the executive’s side – from the planning, purchase and design of real estate, through the implementation of the investment to its completion, settlement and property management. We also provide legal assistance in court proceedings related to claims arising in the course of the investment process.

Cooperation with our law firm means effective management of investment projects. We are ready to assist you at every stage of the process, providing comprehensive and effective legal solutions. In this regard, we offer the following services:

Due diligence and property regulation. The primary purpose of due diligence is to identify any legal defects in a property, the risks associated with its acquisition and to diagnose other risks associated with the transaction. All this is done to help you make the right investment decision. When it comes to regulating the legal status of real estate, our activities include a wide range of legal actions aimed at resolving and regulating all issues related to property rights, as well as work on removable encumbrances and risks associated with the transaction.

Real estate transactions. Our firm provides a full range of services in relation to real estate transactions. We draft, review and negotiate preliminary agreements and property acquisitions. We assist clients from the stage of planning the structure of the transaction, through the preparation of full documentation for its purposes and the establishment of security, to its finalisation at the notary’s office. We also deal with the letting of commercial and office premises.

Handling of contracts and claims in investment processes. Our services in this area are aimed at participants in the construction process, both investors and contractors. We draft, review and negotiate all types of contracts used in the investment process, with particular emphasis on general contractor agreements. We advise on the establishment of security and the obtaining of permits. In the course of the execution of contracts, we offer legal monitoring of their performance and assistance in enforcing any rights arising therefrom – for contractors, in particular with regard to the valorisation of remuneration; for investors, with regard to the exclusion of claims by other participants who over-interpret their rights in the investment process. Our lawyers also have extensive experience in dealing with construction disputes, including those relating to additional work, withdrawal from the contract, contractual penalties, payment of remuneration or its valorisation. We provide effective legal support at the pre-litigation, litigation, arbitration, security and enforcement stages.

Property restitution. Our lawyers specialise in the area of reprivatisation, with a particular focus on the elimination of the consequences of violations of property rights under the Decree of 26 October 1945 on the Ownership and Use of Land in the Area of the Capital City of Warsaw (so-called Warsaw Decree or Bierut Decree). We conduct administrative and judicial proceedings for compensation for property lost as a result of the Warsaw Decree, as well as restitution proceedings following the annulment of ‘nationalisation’ decisions. We also deal with cases concerning the settlement of expenses incurred by the state authorities in connection with the restituted property, the enforcement of compensation for non-contractual use, the regulation of the principles of property management, and the handling of transactions involving the sale or lease of restituted property.

CHF LOANS

Since 2016, our lawyers have been dealing with claims arising from foreign currency loans, with a particular focus on so-called ‘CHF loans’. Taking into account the case law of the common courts and the Court of Justice of the European Union (CJEU), as well as the case law of the Supreme Court, it can be expected that in foreign currency loan cases the court will declare the loan agreement null and void (i.e. the loan agreement will be treated as if it had never existed) and will order the bank to repay all payments made by the borrower to the bank (capital and interest instalments and other ancillary services under the agreement). The borrower can also expect to obtain security for the lawsuit through a court order suspending the obligation to pay loan instalments for the duration of the lawsuit. At the same time, the possibility of obtaining security arises if the borrower has already paid at least as much in instalments as the PLN capital received from the bank.

Above all, we offer our clients peace of mind, a personalised approach and transparency. When you entrust a case to us, you can count on constant and direct contact and the guarantee of a prompt response. We are proud of the fact that the majority of our clients come to us on the recommendation of people for whom we have handled or successfully completed ‘CHF loans’ cases.

We offer the following services in the area of credit agreement claims:

Analysis of the credit agreement from the point of view of the possibility of asserting claims and making recommendations in this respect;
Demand for payment from the bank, on the basis of which we declare the claim due and from that moment interest is calculated for you;
Representation in court;
Legal assistance in reaching a settlement with the bank;
Assistance in the cancellation of a mortgage securing the execution of an invalid loan agreement.

HOUSING ASSOCIATIONS

Our experienced team of lawyers has expertise in the area of housing associations. We have an excellent understanding of the needs and challenges of property management.

Housing associations deal with a wide range of legal issues on a daily basis. These often arise during the formation stage, in the course of day-to-day management and at sensitive moments for these associations, such as the decision to pursue claims against developers in relation to defects in the communal areas of the buildings.

By working with our firm, all housing associations can benefit from our comprehensive legal support and effective solutions at every stage of their activity. In particular, we provide services in the following areas:

Investigation of claims by developers in relation to defects in the shared parts of buildings. In this regard, we assist in the development of appropriate strategies, assess the risks, prepare the documentation necessary for the effective filing of claims (resolutions, assignments), attempt to negotiate settlements, represent communities at all stages of the litigation process, with particular attention to security proceedings, which often determine further proceedings, ensure the enforceability of judgments rendered in the case, and translate into a negotiating position for a possible settlement in the course of the litigation.
Debt collection. Our services include provision of efficient and secure enforcement of claims arising from the obligation to pay advances for the costs of managing common property. We provide legal support at every stage of the procedure and the measures to be taken are agreed in individual negotiations. We always choose the best strategy for the recovery of financial claims. At the procedural stage, we conduct cases in the so-called ordinary procedure, within the framework of the electronic payment order procedure, while in the enforcement procedure we cooperate with proven and efficient bailiffs.
Handling of disputes arising from challenges to resolutions. The procedure for challenging resolutions in housing associations is quite common. According to the law, a housing unit owner may challenge a resolution in court on the grounds that it is inconsistent with the provisions of the law or with the agreement of the unit owners, or if it violates the principles of proper management of the common property or otherwise violates the interests of the unit owners. These rights are often abused or misinterpreted by the owners, or they simply take advantage of the fact that the dynamics and the need for changes in the daily functioning of the communities (communication with the residents, notifications, delegation of some powers to the board, etc.) are ahead of the dynamics of changes in the relevant legal regulations. We are able to evaluate the cases you entrust to us, assess the risks, make careful recommendations and provide professional representation before the courts.
Ongoing and ad hoc legal services. Our law firm provides a comprehensive range of legal services to housing associations, tailored to the needs of each particular stage of the collaboration. We have an excellent understanding of the peculiarities and challenges of managing shared property. We provide legal support that enables a community to function smoothly and minimises the risk of mistakes, particularly in the following areas: drafting resolutions and bylaws, changing the management method, drafting and negotiating contracts with construction and renovation companies and other service providers, organising general meetings of property owners, and regulating the legal status of real estate.

LEGAL SERVICES FOR ENTREPRENEURS

Our lawyers provide a full range of legal services to businesses on an ongoing basis. We deal with all corporate matters related to the day-to-day operation of businesses, including foreign businesses.

We provide legal assistance in the following areas:

Company formation. We advise on the choice of the most suitable legal form for the client, including the type of company, taking into account the specifics of the industry, competition and individual needs. We provide legal assistance in drafting articles of association and filing applications with the court registry portal.
Ongoing corporate support. We provide services to the statutory bodies of commercial companies, including drafting and issuing opinions on resolutions of the Board of Directors, the General Assembly, the General Meeting or the Supervisory Board.
Transformations, mergers, demergers, liquidation and bankruptcy of companies. We prepare documents and conduct proceedings aimed at transforming, merging, dividing and terminating the activity of business entities, including the registration of such changes in the Register of Business Entities of the National Court Register.
Settlement of business disputes. We assist in the resolution of disputes between shareholders of joint-stock companies and represent clients in cases involving challenges to resolutions of general meetings and shareholders’ meetings, as well as in cases involving claims by companies against members of corporate bodies.
Debt collection services. As part of our cooperation, we also offer to conduct negotiations with debtors. Our aim is to reach out-of-court settlements in order to minimise the costs of dealing with overdue debts. If necessary, we also represent our clients before common and arbitration courts and conduct enforcement proceedings.

LITIGATION

Our lawyers have extensive litigation experience, which enables them to provide clients with a sense of legal security in civil, commercial, administrative and criminal matters. The firm’s services include representing clients before all courts, at all stages of the proceedings. We also provide legal representation in enforcement and security matters. As part of the services provided in this area, our firm also offers comprehensive legal advice at the pre-litigation stage, including conducting negotiations or mediation on behalf of the client, preparing and giving opinions on agreements.

When you instruct the lawyers of our firm to litigate or defend your case, you can count on full commitment, an individual approach, energy and optimism in the search for solutions. In this respect, legal assistance includes the following stages:

Case analysis. In this part of the assignment, our lawyers carefully analyse the facts of the case and the possibility of establishing certain claims, risks, costs and profits in the given facts.
Litigation strategy development. We develop an individual litigation strategy tailored to the specifics of the case and the client’s expectations. We seek the most effective and dynamic solutions.
Preparation of pre-trial and trial documentation. A very important part of legal representation is the preparation of documentation in accordance with the law. This is why we take great care at every stage of the assignment to ensure that every action we take has the intended effect.
Securing claims. In civil and commercial cases, we have considerable experience in collateral proceedings, which often determine the course of further proceedings, enable the enforcement of judgments handed down in the case and also provide a negotiating position in the event of a settlement during the trial. We are proud of our experience in successfully securing the claims of housing associations in disputes with developers.
Enforcement of settlements and court judgments. As part of our practice, we work with reliable bailiffs and debt collectors. Long-standing cooperation with them results in the building of mutual trust and a collegial relationship. This in turn decisively shortens the contact in determining the status of cases and providing ideas for more effective enforcement in complex cases.
Mediation. We use mediation as an alternative method of resolving disputes, with the aim of reaching agreement without the need for protracted litigation.
Arbitration. We also represent clients in arbitration proceedings, which are usually conducted when both parties agree to an arbitration agreement.

Team

The KPP team combines a passion for law with a commitment to the highest quality of customer service. Our law firm is made up of experienced and qualified lawyers, determined to deliver effective and innovative legal solutions. Understanding your needs and striving to achieve the best results are our priorities.

Jan Kapica

Partner | Legal Counsel

Jan is a co-founder of our law firm and a specialist in the field of real estate law, construction investments and litigation. He actively provides comprehensive services to commercial law companies and housing communities. In the field of litigation, he has extensive experience in conducting cases against developers in matters concerning building defects and against banks in matters concerning loan agreements indexed to foreign currencies.

He has twenty years of experience in the legal industry, a graduate of the Faculty of Law and Administration of Maria Curie-Skłodowska University in Lublin and legal counsel training conducted by the District Chamber of Legal Advisers in Warsaw.

He speaks English.

SEBASTIAN PASTERSKI

Partner | Legal Counsel

Sebastian is the co-founder of our law firm. He has twenty years of experience in the legal industry, including many years as a legal director of an international corporation.

He is a graduate of the Faculty of Canon Law and Administration of the Catholic University of Lublin and completed legal counsel training at the District Chamber of Legal Advisers in Warsaw.

He specialises in construction disputes, project management, claims management, and development investment services. He has conducted a number of court and arbitration proceedings, including before the National Chamber of Appeal.

He speaks English.

Career

In our law firm we value diligence, meticulousness, courage and positive thinking. The multiplicity and curiosity of the projects we carry out allows us to turn all these qualities into success. Sound good? Would you like to join us? Be sure to send us your resume.

Zaufali nam

Contact form

Contact

Address:

Puławska 108/112/50
02-620 Warsaw

Registration Data:

KAPICA PASTERSKI i PARTNERZY
Spółka Partnerska

KRS 0001081014
NIP 5214052818

E-mail:

biuro@kpp.waw.pl

Phone:

22 750 15 74