Confidential information – Receipt of a demand for payment under guarantee

With reference to the Current report no. 5/2014 dated 15.01.2014 about receiving by the Company a letter from the State Treasury - Generalny Dyrektor Dróg Krajowych i Autostrad (General Director of National Roads and Motorways) about withdrawal by the GDDKiA from the contract concluded on 22 December 2010 regarding the design and construction of the A1 motorway Stryków - "Tuszyn" junction along the section from 295 + 850 km (from "Stryków I" junction without the junction) to 335 + 937.65 km concluded with consortium of the companies of Polimex-Mostostal SA, Doprastav a.s., MSF Engenharia SA and MSF Polska Sp. z o.o., the Management Board of Polimex-Mostostal SA with its registered office in Warsaw (“the Company”) informs that on 11 February 2014 it was informed by Bank Pekao SA (“Guarantor”) about the fact of receiving by the Guarantor from the State Treasury - Generalny Dyrektor Dróg Krajowych i Autostrad (“Beneficiary”) of a demand for payment of the amount PLN 29,204,683.47 of a bank performance bond securing the obligations due to inadequate performance of the contract and the warranty for defects of 17.12.2010, as amended.

In accordance with the legal opinion presented in the current report no. 5/2014, the Company deems the withdrawal of the State Treasury - Generalny Dyrektor Dróg Krajowych i Autostrad invalid and, as a consequence thereof, the Company thinks that the Beneficiary has been abusing their rights under the held performance bond and implied warranty for defects.

At the same time, the Management Board of the Company informs that on 20.01.2014 the Company has submitted, through the legal office, a petition to the District Court for Warsaw for a collateral of a non-monetary claim.

The demand currently is being analysed from the legal and formal point by the Guarantor.