83/2012: The Consortium applies to court for amendment of the A4 motorway construction contract
The Management Board of PBG S.A. (in company voluntary arrangement) ("the Company") hereby reports that on July 26th 2012 the Consortium comprising:
Hydrobudowa Polska S.A. (in company voluntary arrangement) – Consortium Leader,
SIAC Construction Ltd. of Ireland – Consortium Partner,
PBG S.A. (in company voluntary arrangement) – Consortium Partner, and
APRIVIA S.A. – Consortium Partner
("the Contractor", "the Consortium"),
executing the project designated as “Construction of the Krzyż – Dębica Pustynia section of the A4 Tarnów – Rzeszów motorway, from km 502+796.97 to km 537+550” under Contract No. 2811/30/2010 of July 7th 2010, terminated by the Consortium on July 24th 2012, filed a suit to the Regional Court of Rzeszów, I Civil Division, against the State Treasury – General Director for National Roads and Motorways, represented by the General Directorate for National Roads and Motorways, Rzeszów Branch (the Principal), applying to the court for amendment of the Contract.
The execution and termination of the Contract were reported by the Company in Current Reports No. 32/2010 and No. 82/2012, respectively.
The Contractor has applied to the court for amendment of the provisions of the Contract by increasing the amount of remuneration payable to the Consortium as at May 31st 2012 to PLN 1,704,861,558.11 exclusive of VAT (PLN 2,095,834,760.92 inclusive of VAT). The original VAT-exclusive contract price is PLN 1,434,761,270.26 (PLN 1,763,611,408.86 inclusive of VAT).
The requested amendment involves an increase of the VAT-exclusive remuneration payable to the Consortium under the Contract by PLN 270,100,287.85 (the value of the claim). The Consortium has substantiated its claim by pointing, in particular, to the unforseen rise in the prices of construction materials and services.
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