Michał Bagłaj

Partner _{Attorney at law}

Michał specialises in advising on Polish and European public procurement law, and on organising tendering and purchasing procedures conducted pursuant to clients’ internal regulations. In particular, he supports entities operating in the infrastructure, fuel, rail, IT, energy and transport sectors. He also advises on claims and litigation relating to the implementation of contracts, including valorisation disputes.

He is experienced in representing clients before the National Appeals Chamber and district courts, and during inspections conducted by the President of the Public Procurement Office. Michał also supports entrepreneurs in proceedings concerning public-private partnerships and concessions for construction works and services.

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Education

Postgraduate studies in Public Procurement Law, University of Warsaw
Postgraduate studies in Company Law, University of Warsaw
Master’s degree in Law, Cardinal Stefan Wyszynski University in Warsaw

Languages

English

Main areas

Public tenders

Other areas

Selected projects

Advising and representing Pomorskie Przedsiębiorstwo Mechaniczno-Torowe (PKP PLK GROUP) on a project (“Design and execution of construction works for the task entitled: “Revitalisation of railway line no. 207 section voivodeship border – Malbork”) and its relations with PKP PLK (the ordering party) and NDI Sopot (a consortium member). He provided comprehensive strategic and legal support during the implementation of the project, including by developing a strategy to enforce claims which arose during the project implementation period, including conducting contractual correspondence and effectively obtaining bailiff security for the client during litigation. Contract value: over PLN 260 mln. Total value of the subject of litigation: over PLN 70 mln
Comprehensively preparing tender documentation, contracts and contract negotiations for an installation (which is unique, on a European scale) that produces 2nd generation bioethanol, together with a heat and power plant, a biogas plant, a sewage treatment plant and energy infrastructure of strategic economic importance, based on aid programmes’ guidelines in accordance with the principle of competitiveness. Project value: PLN 1.12 bn
Advising Polskie LNG on drafting an EPC contract to design, construct and commission Poland’s first liquefied natural gas (LNG) storage and distribution terminal
Comprehensively advising on the conclusion of a public-private partnership agreement for a project (“Design, construction and operation of a railway vehicle maintenance and repair facility in Sochaczew (including the provision of services at maintenance level P4”), conducted by the Mazovian Railways. Contract value: over
PLN 1.3 bn
Advising PKN Orlen on a project to acquire over a dozen wind farms, both operational and under development. This involved working in an interdisciplinary team of SSW experts on environmental law, energy, real estate, corporate and M&A, contract and infrastructure law

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Comprehensively advising PKN Orlen on the construction of a Research and Development Centre project in Płock in the EPC formula. This included advising on the tender, contract negotiations and project implementation with the contractor (Budimex). Project value: over PLN 170 mln
Advising a Chinese energy group (Shanghai Electric) on amending and negotiating an EPC contract for an investment to construct a steam-gas unit in Poland. Project value: over PLN 500 mln
Advising Zakład Pomiarowo-Badawczych Energetyki (ENERGOPOMIAR) on a project (“Performance of functions related to design, engineering, consultancy, management and supervision of works required to complete the construction of a gas-steam unit at Stalowa Wola Combined Heat and Power Plant (EPCM EC Stalowa Wola)”. Entire project value: PLN 1.4 bn
Advising Pomorskie Przedsiębiorstwo Mechaniczno-Torowe (PKP PLK GROUP) on a project (“Design and execution of modernisation of the Warsaw – Łódź railway line, stage II, section Warsaw West – Skierniewice, as part of the Project “Modernisation of the Warsaw – Łódź railway line, stage II, Lot A – section Warsaw West – Skierniewice”) on litigation against PKP PLK (the ordering party) and PKP Energetyka (consortium member). Contract value: over PLN 1.06 bn
Advising on public procurement issues, including representing the client in appeal proceedings before the National Appeals Chamber (KIO) and in appeals before the Regional Court, regarding a project entitled “Equipment of the Paid Parking Zone in Łódź (SPP) with parking meters and a computer data processing centre, together with their operation and maintenance in the years 2022-2030” carried out by the City of Łódź – Roads and Transport Authority (Zarząd Dróg i Transportu)
Advising on public procurement and contract law issues in connection with the design and execution of a project (“CONSTRUCTION OF ANNOPOL STREET STATION”) conducted by Tramwaje Warszawskie (Warsaw Trams)
Advising on public procurement issues, including representing the client in appeal proceedings, in relation to project conducted by the University of Warsaw (“Delivery of an analytical and scientific output recording system for the scientific activity recording and reporting process, together with its integration with external and university systems and electronic registers and staff training”)