Budimex SA does not recognise the burden of the consortium of Mitsubishi Power Europe Gmbh, Tecnicas Reunidas S.A. and Budimex S.A.

On May 26, 2022. PGE Górnictwo i Energetyka Konwencjonalna S.A. issued a debit note in the amount of PLN 561,516,981.74 to the consortium of Mitsubishi Power Europe Gmbh,  Tecnicas Reunidas S.A. and Budimex S.A. Budimex S.A.’s share in the consortium does not exceed 24% of the contract value.
Budimex S.A. considers the calculation of the above-mentioned penalty by the contracting authority to be unjustified, and the debit note will not be included in the company’s books.

The consortium completed the investment in accordance with the requirements of the contracting authority, which was confirmed by the commissioning of the unit. The note received concerns the warranty period. During this period of operation, there were scheduled and unscheduled inspections of installations, which were agreed with the contracting authority. The above was not the fault of the contractor.

The consortium was obliged to apply individual solutions, agreed with the contracting authority, to meet the highest EU standards related to environmental protection. In addition, it is worth noting that the inspections took place during a difficult period related to the pandemic. These difficulties were temporary and the consortium exercised due diligence to overcome them.

It should be emphasised that the scope of work carried out by Budimex S.A. did not affect the availability of the unit, which was contested by the contracting authority. The Company was not responsible for the supply of key technological equipment responsible for electricity generation.

In addition, Budimex S.A. points out that in accordance with Art. 15r(1) of the Act on Special Solutions Related to Preventing, Counteracting and Combating COVID-19, Other Infectious Diseases and Crisis Situations Caused by Them, the Contracting Authority may not deduct the contractual penalty from the contractor’s receivables during the state of epidemic threat and within 90 days from the date of its cancellation,or satisfy their claims in terms of penalties from the performance bonds.