Wady dokumentacji projektowej obiektu budowlanego a upadłość projektanta
Defects in the design documentation of a construction object and the bankruptcy of the designer

Summary/Abstract: The discussed issue concerns intellectual property rights in bankruptcy proceedings, in particular matters related to defects in design documentation as a work, in the face of the bankruptcy of an entrepreneur who is a party to the contract for the development of design documentation in the investment process. The contract for the preparation and delivery of design documentation is burdened with the risk of defects in design documentation, which may be revealed at various stages of the investment process. The specificity of design documentation as a work is that it consists of a number of so-called industry documents, developed by individual persons, while the design office most often has the copyright property rights to this documentation, which it transfers to the investor. It also becomes problematic to pursue claims for the performance of specific activities within the scope of design documentation in the event of the declaration of bankruptcy of the design office, because most often the investor does not have a direct contract with the authors of individual industry studies. In the face of the designer’s bankruptcy, it may become problematic for the investor to enforce the obligation to bring the design documentation into compliance with the law, as well as for the investor to change the designer later in the investment process and for the new designer to interfere with the design documentation due to the bankruptcy of the original designer (design office). The legal possibilities for removing defects in the design documentation are provided by the institution of author’s supervision, both under construction law and under copyright law, introducing certain rights and obligations on the part of designers.

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