Supplement to current report no. 201/2014 - Submission of the statement of counterclaim against the Company
The Management Board of Polimex-Mostostal S.A. with its registered office in Warsaw at ul. Młynarska 42 (“Company”, “Issuer”) informs that the contract to which the claims of Generalna Dyrekcja Dróg Krajowych i Autostrad (the General Directorate of National Roads and Motorways) (“GDDKiA”) are connected is the contract no. 4/12/R/2010 for design and construction of the A1 motorway Stryków - "Tuszyn" junction along the section from 290 + 850 km (from "Stryków I" junction without the junction) to 335 + 937.65 km, concluded on 22 December 2010 (“the Contract”) - the conditions of the contract were provided in the current report no. 95/2010.
The Issuer contests the legitimacy of the withdrawal from the Contract in whole and, consequently, of all claims presented by GDDKiA in the counterclaim.
It has to be added that in the Company's assessment the request of GDDKiA for payment of the aforementioned amount is groundless due to the fact that the party which effectively withdrew from the Contract was a consortium of companies, formed by the Company, Doprastav a.s., MSF Engenharia S.A. and MSF Polska Sp. z o.o. (“the Consortium”). The GDDKiA’s withdrawal from the Contract – as subsequent to the declaration of the Consortium – was not valid and, therefore, the request for payment under the counterclaim ought to be deemed groundless.
Legal basis: § 5 sec. 1 (8) and § 14 of the Ordinance of the Minister of Finance dated 19 February 2009 on current and periodic information provided by issuers of securities and terms of deeming information required by the regulations of a non-Member State equivalent.