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Court Disputes

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Commercial law

drafting contracts

reviewing your contract

commercial litigation

legal opinions

Administrative law

review of the file and an opinion

appeals

administrative disputes

requests for judicial protection

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Maja Koršič Potočnik

Maja Koršič Potočnik

Attorney-at-law (specialist), head of the firm

Maja Koršič Potočnik, LL.M., is an attorney-at-law and partner at Potočnik in partnerke Law Firm and a specialist in public procurement, construction and commercial law. She advises and represents contracting authorities, tenderers and economic operators in demanding public procurement procedures, commercial disputes and construction projects, with a particular focus on FIDIC contracts. She is the author of the Slovenian handbook on the use of the FIDIC Red and Yellow Books, a member of the national list of FIDIC adjudicators, and a recognised lecturer and author of professional publications.

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Questions and answers

Frequently asked questions

When is it worth considering litigation?

When there is a specific breach or non-performance between the parties and agreement is no longer possible, or the other party fails to perform despite being called upon to do so. Before an action is filed, the legal basis, the evidence, the value of the dispute, the costs, the time involved and the scope for a negotiated solution should all be assessed.

Does a formal demand have to be sent before filing an action?

It is not required by law in every case, but it can matter a great deal. A demand calls on the other party to perform, identifies the breach, requires the consequences to be put right, and creates evidence that the other party was put on notice of the problem. For some claims, a prior demand also has specific legal effects.

Who has to prove their case?

A party must state the facts on which it bases its claim or its defence and propose appropriate evidence for them. In commercial and construction disputes it is therefore not enough simply to assert that the contractor was in delay, that additional works were carried out or that loss was suffered. You must also show what evidence supports each assertion.

What evidence matters in a construction dispute?

Depending on the dispute, the contract, the design documentation, the bill of quantities, the site diary, minutes and records, interim payment applications, email correspondence, photographs, programmes, instructions and expert opinions may all be relevant. Where the technical questions are complex, a court-appointed expert may also play an important part.

Can a court-appointed expert decide who is right?

No. An expert uses specialist knowledge to help the court clarify technical or other professional questions. The claim itself is decided by the court. In construction disputes it is therefore important not to confuse the legal questions with the technical ones.

How much does litigation cost?

Costs depend on the value and complexity of the dispute and may include the court fee, lawyers' fees, experts, translations and other outlays. The final figure also depends on how long the proceedings last and what steps are taken in them. It is therefore sensible to estimate the costs before proceedings begin.

How long does litigation take?

There is no single answer for civil or commercial proceedings. It depends on the complexity of the case, the volume of evidence and the number of witnesses, the experts, the procedural steps, the court's workload and any appeals. In commercial and construction disputes it is therefore important to assess the time risk of the proceedings as well.

Can the parties settle after an action has been filed?

Yes. The parties may conclude a court settlement during the proceedings. A settlement may cover the whole dispute or only part of it, and throughout the proceedings the court must keep the possibility of settlement in view.

Can a claim be secured before proceedings begin?

In certain cases an interim injunction or another protective measure may be sought. The creditor must establish the conditions laid down by law, including that the claim probably exists and, depending on the type of measure, the other circumstances that justify securing it.

What if the other party still does not pay after judgment?

A final judgment does not by itself mean the money arrives. If the debtor does not perform voluntarily, enforcement proceedings may be necessary. When assessing litigation it is therefore important to think not only about whether the claim can be proved, but also about whether it can realistically be recovered.

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