9/2019 - Information about withdrawal from the concluded contract

The Management Board of Trakcja PRKil S.A. ("Company") informs that on 22 May 2019, the Company as the leader and representative of the consortium, which also includes Przedsiębiorstwo Eksploatacji Ulic i Mostów sp. Z o.o. and AB Kauno Tiltai (together with the "Contractor" company) made a statement on the withdrawal, for reasons attributable to the ordering party, from the contract concluded on 19 April 2017 by the Contractor from the Kujawsko-Pomorskie Voivodeship, on behalf of which the Regional Road Administration in Bydgoszcz ("Ordering Party") No. ZDW.N4.363.02.2016, whose subject was the implementation of the task "Expansion of the provincial road no. 548 Stolno-Wąbrzeźno from km 0 + 005 to km 29 + 619, excluding the motorway junction in the city of Lisewo from km 14 + 144 to km 15 + 146" ("Agreement") in the unfinished part of the Agreement. 

The Contractor's withdrawal from the Agreement was preceded by ongoing negotiations with the ordering party. In the absence of an agreement, including refusal by the ordering party to perform his obligations under the Agreement, preventing the Contractor from performing the Agreement, the Contractor has decided to withdraw from the Agreement in its non-executed part. 

In connection with the withdrawal from the Agreement, the Contractor intends to pursue from the Contracting Party claims involving the payment of contractual penalties and unpaid remuneration for work performed under the Contract until the date of withdrawal by the Contractor. The value of the Agreement was determined by the parties at PLN 83,796.445.61 gross. The Company estimates the value of claims that the Contractor intends to claim from the ordering party in connection with the withdrawal from the contract at the contracting party's amount of at least PLN 11 million gross for the settlement of work received and received and PLN 8.379.644,56 for contractual penalties.

Legal basis:

Article 17 paragraph 1 MAR