Lawsuit against the Consortium that completed the construction of unit No. 7 at the Turów Power Plant
With reference to current report 33/2022 of 26.05.2022 and current report 64/2024 of 30.10.2024 regarding debit notes in total in the amount of PLN 918,372,442.41, the Management Board of BUDIMEX S.A. informs that on 17 January 2025 it received a lawsuit in the amount of PLN 1,046,115,191.66 covering the amount from the above-mentioned debit notes and claims for payment for other categories of damage related to the occurrence – in the Plaintiff’s opinion – of defects in the unit, as well as for an order to remove defects (valued in the statement of claim at a maximum of PLN 207,440,954, formulated as an alternative claim for payment or coverage of the costs of substitute performance). The action was brought by PGE Górnictwo i Energetyka Konwencjonalna S.A. (the “Ordering Party”) against the members of the consortium of Mitsubishi Power Europe GmbH, Tecnicas Reunidas S.A. and Budimex S.A. (the “Consortium”), which implemented a project involving the design and construction of a turnkey power unit at the Turów Power Plant Branch of the Ordering Party (the “Contract”). The lawsuit was directed against the above-mentioned members of the Consortium as joint and several debtors. Budimex S.A.’s share in the Consortium is 23.58%.
The Management Board of Budimex S.A., as well as the other members of the Consortium, consider the Contracting Authority’s claims to be unfounded. Notwithstanding the above-mentioned notes and the statement of claim, the Parties are in the course of mediation proceedings with the participation of representatives of the General Counsel to the Republic of Poland, which have not yet ended. In the course of mediation and in court proceedings, the Consortium filed claims against the Contracting Authority, i.e. PGE Górnictwo i Energetyka Konwencjonalna S.A., including two lawsuits for a total amount of PLN 627,181,234.19 and EUR 16,866,863.65. Unlike the Ordering Party’s claim, the Consortium’s claims are not of a joint and several nature – as mentioned above – the share of Budimex S.A. is 23.58%.
At the same time, the Management Board of Budimex S.A. informs that as part of its participation in the Consortium it is not responsible for the delivery of key technological equipment.
