Confidential information – Receipt of a request for payment under guarantee
With reference to the current report no. 5/2014 of 15.01.2014 on receipt by the Company of the original of the letter from the State Treasury - Generalny Dyrektor Dróg Krajowych i Autostrad concerning the withdrawal by GDDKiA from the contract dated 23 September regarding construction of the A4 motorway section, Rzeszów (Rzeszów Wschód junction) - Jarosław (Wierzbno junction) section from 581 + 250 km to 622 + 450 km concluded with the consortium of Polimex-Mostostal S.A., Doprastav a.s. the Management Board of Polimex-Mostostal S.A. with the registered office in Warsaw (the "Company") hereby informs that on 4 February 2014 it was notified by Pekao Bank SA (the "Guarantor") of the receipt by the Guarantor from the State Treasury - Generalny Dyrektor Dróg Krajowych i Autostrad represented by the Generalna Dyrekcja Dróg Krajowych i Autostrad Rzeszów Division (the "Beneficiary") of a request for payment of the total amount of PLN 55,996,064.23 under a performance bond guarantee of the contract no. DDF/5052/2010 concluded on 17.09.2010.
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 assumes that the Beneficiary has been abusing their rights under the held performance bond and quality bond.
At the same time the Management Board of the Company informs that on 20.01.2014 the Company has submitted through the legal office to the District Court for Warsaw a petition for a collateral for a non-monetary claim.
The request is currently being analysed from the legal and formal point by the Guarantor.